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CC Staff Report 02-08-10 CITY OF CHANIlASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180' Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us ~cL - MEMORANDUM TO: Todd Gerhard, City Manager FROM: Sharmeen AI-Jaff, Senior Planner DA TE: O\;!!J February 8,2010 SUBJ: Amend Planned Unit Developments located in downtown Chanhassen: · Chanhassen Retail Center (PUD 92-5) . Market Square (PUD 89-2) . West One (PUD 93-1) PROPOSED MOTION: The City Council approves the following motions: 1. "The City Council approves the Planned Unit Development amendment for Chanhassen Retail Center, amending sections a, c, d, and Lighting as stated in the attached ordinance; and adopts the Findings of Fact." 2. "The City Council approves the Planned Unit Development amendment for Market Square, amending section 3 as stated in the attached ordinance; and adopts the Findings of Fact." 3. "The City Council approves the Planned Unit Development amendment for West One, amending section 6. Zoning as stated in the attached ordinance; and adopts the Findings of Fact." EXECUTIVE SUMMARY In 2006, the City completed a Retail, Office & Residential Market Analysis. The study concluded that although there is no open land for development, there is potential for infill and redevelopment of areas within downtown. To meet the demands of the growing community, staff is proposing to amend the Planned Unit Developments located within downtown to incorporate the standards of the Central Business District (CBD). They include Market Square, West One and Chanhassen Retail Addition. PLANNING COMMISSION ACTION On January 19,2010, the Planning Commission reviewed and voted unanimously (6-0) to recommend approval of the ordinance amendments. The Planning Commission minutes are Item 1 a of the City Council packet. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt, City Manager February 8, 2010 Page 2 of 2 RECOMMENDA TION The Chanhassen City Council approves the adoption of the ordinances amending the following Planned Unit Developments: Chanhassen Retail Center, Market Square and West One. ATTACHMENT 1. Staff report dated January 19,2010 g:\plan\201O planning cases\lO-03 pud amendments\cc downtown amendments,doc CITY OF CHANIlASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227,1100 Fax: 952,227,1110 Building Inspections Phone: 952,227,1180' Fax: 952,227,1190 Engineering Phone: 952,227,1160 Fax: 952,227,1170 Finance Phone: 952,227,1140 Fax: 952,227.1110 Park & Recreation Phone: 952,227,1120 Fax: 952,227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227,1400 Fax: 952,227,1404 Planning & Natural Resources Phone: 952,227,1130 Fax: 952,227,1110 Public Works 1591 Park Road Phone: 952,227,1300 Fax: 952,227,1310 Senior Center Phone: 952,227,1125 Fax: 952,227,1110 Web Site www.ci.chanhassen.mn.us IT] MEMORANDUM TO: Planning Commission FROM: Sharmeen AI-Jaff, Senior Planner January 19,2010 Olk!" DATE: SUBJ: Request to amend the following Planned Unit Developments located in downtown Chanhassen: Chanhassen Retail Center, Market Square and West One Applicant: City of Chanhassen Planning Case 10-03 PROPOSED MOTION: The Chanhassen Planning Commission recommends that the City Council approve the following motions: 1. "The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Chanhassen Retail Center, amending sections a, c, d, and Lighting as stated in the attached ordinance; and adopts the Findings of Fact." 2. "The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Market Square, amending section 3 as stated in the attached ordinance; and adopts the Findings of Fact." 3. "The Planning Commission recommends the City Council approve the Planned Unit Development amendment for West One, amending section 6. Zoning as stated in the attached ordinance; and adopts the Findings of Fact." PROPOSAL SUMMARY On December 1, 2009, staff presented an issue paper to the Planning Commission explaining the need to amend various ordinances governing Planned Unit Developments (PUD) within the City (attachment 1). There are a total of fifteen such PUDs. The first group of PUD's that is being presented is located within the downtown area, east of Powers Boulevard, south of West 78th Street, north of Highway 5 and west of Market Boulevard. They include the following: . Market Square · West One · Chanhassen Retail Addition Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Downtown Planned Unit Development Amendments Planning Case 10-03 January 19,2010 Page 2 of7 ANALYSIS The downtown area actually encompasses all the land between Great Plains Boulevard and Powers Boulevard. However, only that land east of Market Boulevard is currently zoned Central Business District, CBD. The CBD district includes business, commercial, office and residential uses that provide a comprehensive range of services at higher development densities and with greater variety of uses in a compact, walkable environment. The Central Business District has the greatest concentration of jobs, services, housing and civic uses found in the City. Generally, the City's highest density development is found in the Central Business District area. Other development-supportive infrastructure such as parking garages is more likely to be found Downtown than in other land use districts. A combination of convenience commercial, civic uses and attractive walking paths promote interaction and multiple trips among shoppers, visitors and residents. New development in this district is encouraged to complement the mix and contribute to activity over an extended day, and provide attractive, comfortable walking environments between varied uses. In 2006, the City completed a Retail, Office & Residential Market Analysis. The study concluded that although there is no open land for development, there is potential for infill and redevelopment of areas within downtown. To meet the demands of the growing community, staff is proposing to rezone properties located west of Market Boulevard from General Business to Central Business District and amend the Planned Unit Developments to incorporate the standards of the CBD. Downtown Planned Unit Development Amendments Planning Case 10-03 January 19,2010 Page 3 of7 There are sites within the downtown area that have the potential for fUlther development, however, due to zoning code restrictions (setbacks, hard surface coverage, etc), they are not able to be developed to their full potential. Allowing the zoning to be changed to CBD will alleviate many of these restrictions. The sites that are cUlTently zoned PUD have specific ordinances that govern them, however, there are instances when the PUD is silent on cenain requirements such as parking, sign design standards, etc. In such instances, the City Code governs the site. There are PUDs that reference the Genera] Business District as an underlying district. Staff is proposing to amend the PODs that reference the BG zoning district that is being rezoned to CBD with the exception of parcels owned by the City that function as storm ponds, which will be rezoned to Agricultural Estate District to emphasize their open space characteristics. The PUDs within this area include the following: Market Square is guided commercial and references General Business District as an underlying district. All buildings are required to meet the following setbacks: Front = 25 feet, Rear = 25 feet, Side = 10 feet. The district also permits a maximum hard surface coverage of 70%. Staff is recommending that the Planned Unit Deve]opment Agreement be amended to reference the Centra] Business District by amending Section 3 of the Planned Unit Development Agreement to read as follows: 3. Zoning. The plat is being rezoned to Planned Unit Development. Except as specifically I~~'-M'~~ 'm.l1IIIIt ~l:Ii=,_~ _, mo~}ifiedherein,the use~,'}requirement~,a~d standards of the ~q:~, General Busipes~ ~i~hlct, '~!!~:7CeDtLQjiJIi!~I!~1!.~d.!2~~jrtHl as may be amended, shall apply to the subject propeny. Chanhassen Retail Addition is guided commercial. The ordinance governing this development references the uses within the Central Business District; however, buildings are required to maintain a 50-foot setback from any public right-of-way and 20 feet for parking along right-of way. It also allows a maximum hard surface coverage of 70% and green space of 30%. This agreement caps the height of the buildings to 40 feet. On an unrelated item, this development requires High-Pressure Sodium lights only. Staff is recommending allowing LED in this development consistent with the amended City Codes. Staff is recommending that the Planned Unit Deve]opment Ordinance be amended to read as follows: a. Intent The purpose of the zone is to create a PUD commercial/retail zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the "_'_..: /(-::..:"~~_WJ I?i"''li: >Ill, .,._ ""'" development standards outlined below. [He Cen~ralll!JJ.sm.~ Distr;~ct regulation~ sl].all ~ -,:~ ~~ _xm: IlIlII ~~ ~~:r-ji>? apply e~~fpt as !!lodified~by this ordinance. Downtown Planned Unit Deve]opment Amendments Planning Case 10-03 January 19,2010 Page 4 of7 c. Setbacks Per City Code. .... ..... r il'>>>._.....,.. \mo:.l:< ~>."'. = """ ..>:':T.. '1~ .. "" -- "'" "" .. ',' in the ~UD standgrds, tl1e buildin; setback for commercial is 50 'feet froT12 any~public p;ht of way, parking alon; right of ways shall bes~t back 2QJeet. Street Building Setback 50 Feet t 50 Foot 50 Feet 50 Feet J 00 Feet ..'A _.?{ Wi'.. ~'~ 50 I:eet West 78t1l Taroet " to> Outlot B Richfield Bank .", """ ",.... PO\vers Boulevard Hwy. 7 ':TargeL n::;;_~ ;" ~putlot B Kerbe(Bou']evard -;:'ii:, ",,,,",,}"',- ."; ,Ricnfield Bank Picha Street "'''"'' - 'Richfield Bank 25 Feet 25 Feet d. Development Standards Tabulation Box Parkin ~ to> Setback 20 Feot 20 Foci 20 Feel ~::";','~'&~"" 20 Feet 20 Feet '4:;0 ''"-{'...... ~ 7i?:Fee( ,-",-.. '1 2Q,F~eJ 20 Feet USE Lot Area Bldg sq Ft. Parking Landscape Coverage Height Permi tted 20,000 NA Per code 30"%1 +Q..l?@ I ; ~ n.QJe~t Use sq. fe Lighting 1. All light fixtures shall be shielded high pressure sodium fixtures oc;CEQ. Light leve] for site lighting shall be no more than IIz candle at the propeny line. This does not apply to street lighting. 2. Glare, whether direct or reflected, as differentiated from genera] illumination shall not be visible beyond the limits of the site from which it originates. 3. Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. 4. Light poles shall use shoe box light standards. West One is guided industrial and references General Business as an underlying district. The ordinances governing this development permit light manufacturing, offices and retail uses. It is intended to be operated and maintained to preserve its low intensity character to ensure its compatibility with the sUlTounding uses and the greater Chanhassen Central Business District. The buildings must meet the following setbacks: Front = 25 feet, Rear = 25 feet, Side = 10 feet. Downtown Planned Unit Development Amendments Planning Case 10-03 January 19,2010 Page 5 of 7 Staff is recommending that the Planned Unit Development Ordinance be amended to read as follows: 6. BG CBD ZONING. Except as specificaIly provided herein, the subject propelty is subject to the requirements of theBG~)1e;;efh(Business Distnct~BD7Ce!liii Busin!1ssJ~istrrci1 zoning district as may be amended. RECOMMENDA TION Staff recommends that the Planning Commission adopt the following motions and adoption of the attached Findings of Fact: 1. Chanhassen Retail Center ''The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Chanhassen Retail Center, Planning Case #10-03, amending sections a, c, d, and Lighting to read as follows: a. Intent The purpose of the zone is to create a PUD commercial/retail zone. The use of the PUD zone is to all ow for more flexible design standards while creating a higher quality and more sensitive proposal. AIl utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the ~~;.. '-~~"'0;:"Ym!:""'r&/-<il .. .--. _ - ,.,., l~'~~~ l!!lf , deve]o?~~~t stan~ards~~r,l~.~ed~ below. ~e.e~~pt~!ll. B~V~ss ,Distri~~gqJatipl\ssblll! ~mRly~~~~pt astl11~!!!tiei;l;..t:fy.thisorQinmice: c. Setbacks " u. ", -, t P~ri ~iJY,LQCid~: Ke'roer'Boule\:urd . !. ~ - .~c Richfie]dBunk 25 Feet 20 Feet Downtown Planned Unit Development Amendments Planning Case 10-03 January 19,2010 Page 6 of 7 I Picha Street I Richfic]d BanI< 25..Feet I ')0 Fcct d. Development Standards Tabulation Box USE Lot Area B]dg sq Ft. Parki ng Landscape Coverage Height Permi tted 20,000 NA Per code ~ ~ fiO fc~t Use sq. ft. Lighting I. All light fixtures shall be shielded high pressure sodium fixtures orLEQ. Light level for site lighting shaIl be no more than '12 candle at the property line. This does not apply to street lighting. 2. Glare, whether direct or reflected, as differentiated from general iIlumination shaIl not be visible beyond the limits of the site from which it originates. 3. Lights shaIl be on a photoelectric cell to turn them on and off automaticaIly as activated by yearly conditions. 4. Light poles shall use shoe box light standards." 2. Market SQuare "The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Market Square, Planning Case #10-03, amending section 3 to read as follows: 3. Zoning. The plat is being rezoned to Planned Unit Development. Except as specifically modified herein, the uses, requirements, and standards of the 43Q~: w .... ....~ ~1G\\5'i:~'~~~"f<"~~:.g!i~r,:,::w'l-'~ ::i! fJf111V@,"WI?"'~~e"^,""57--wtt~;~:<~'~>I!' ""'Ifi"itl):.:~ W',YW2~;>-,." ~~ Q",51I}~.tgXl~.,1l~Ul~~~!tic!, ~~~]1~w4~SI;1!.t~bllpsin~s~lQjstri~t' as may be amended, shall app] y to the subject property." 3. W est One "The Planning Commission recommends the City Council approve the Planned Unit Development amendment for West One, Planning Case #10-03, amending section 6 to read as follows: 6. RG CBD ZONING. Except as specifically provided herein, the subject propelty is ""'~"~ ,',.'*~ ,<<-q;;\.c '1;iiie "ft;'- ~F q '?>-'''; lilY""" ',,- M~""""'~}*",'W_'_ subj~ct to there9uirements of the BO, pene!;ul.Bl.lsiness Disuict CBD~:;@~n!ral Bustn~ess l)istri<:t, zoning district as may be amended." Downtown Planned Unit Development Amendments Planning Case 10-03 January 19,2010 Page 7 of7 A TT ACHMENTS I. Issue Paper dated December 1, 2009 addressing PUD amendments. 2. Market Square POD Agreement. 3. West One POD Agreement. 4. Chanhassen Retail Addition PUD Agreement. 5. Ordinance Amending Market Square POD Agreement and Findings of Fact. 6. Ordinance Amending West One POD Agreement and Findings of Fact. 7. Ordinance Amending Chanhassen Retail Addition POD Agreement and Findings of Fact. 8. Public Hearing Notice and Affidavit of Mailing. g:\plan\20 I 0 planning cases\1 0-03 amending downtown puds\downtown amendments,doc IT] MEMORANDUM CITY OF TO: Planning Commission CHANIlASSEN FROM: Shazmeen AI-Jaff, Senior Planner 7700 Market Boulevard DATE: December I, 2009 ~. POBox 147 Chanhassen, MN 55317 SUBJ: Planned Unit Developments Administration Phone: 952,227.1100 Fax: 952,227.1110 Building Inspections Phone: 952227.1180 Fax: 952.227.1190 Engineering Phone: 952227.1160 Fax: 952.227,1170 Finance Phone: 952.227.1140 Fax: 952,227.1110 Park & Recreation Phone: 952.227,1120 Fax: 952,227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227.1400 Fax: 952.227,1404 Planning & Natural Resources Phone: 952,227,1130 Fax: 952,227,1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952,227,1310 Senior Center Phone: 952,227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us BACKGROUND In 2006, the City completed a Retail, Office & Residential Market Analysis. The study concluded that that there is a demand for additional commercial and office uses in the City. Staff began examining the various sites suitable for commercial and/or office development. Fifteen of these sites are zoned Planned Unit Development, PUD. ANAL YSIS Each of these sites has specific ordinances that govern it; however, there are instances when the PUD is silent on certain requirements such as parking, sign design standards, etc. In such instances, the City Code must be referenced to govern these sites. Staff found a number of PUDs that do not reference the City Code. Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Planning Commission Planned Unit Developments December 1, 2009 Page 2 Also, as part of the expansion of downtown and to allow sites to develop to their full potential, staff is proposing to amend some PUDs within the downtown area to allow for more intensive uses. Some of the downtown PUDs reference the General Business District, BG, as an underlying district. Staff is proposing to eliminate this district. Instead, a new district, the Central Business District, CBD, will be referenced. The CBD zoning will address the issues raised by the retail market study as it allows more intense development/redevelopment. RECOMMENDA TION The first group of PUD amendments that will appear before the Planning Commission on January 5, 2010 will be within the downtown area. Later on, we will move through other PUD districts per agenda availability. g:\plan\city code\issue paper\pud amendments.doc ~ CITY OJ' caaNnSSBN' DBVELOPlOJIIT COHTiU\~ .DD lJ:L1\HRBD WlX'1' DBVZLOPHBn URBB)lBM' (Developer Installed 1mprov&.onts) 8PBOIAL PROVISIONS --"" AGllliEMEN'l' c;\ated ~b.r(..( Ot. V!!C~ 19'92, by ana between the CITY . I . OF CHANHASSmr, a M.innesota municipal corporation, ('the "ci.t~"), and. MARKBT SQUARE ASSOCIATES LIMITED PARTNERSHIP. a Minnesot.a lildt.ed partnership, (the "Developer"). ". lteques't for Approva.'l. The nevelopGlr has asked the City to approve a plat and planned unit development for MARKET SQUARE (referred . to in this contract as the "plat"). The land 1s le9ally describerS on L, the attached EXhibit "A". 2. . Con4itions or Approval. The City hereby approves the plat and planned unit development on condition that the Developer ent~r into this Contract and furnish the security required ~y i~. 3. lIonlng. The plat is being rezoned to Planned unit Development. Except as specifically ~odit1ed herein, the uses, requirements, and standards of the waG". General BU$lness District, as may be ~mended, shall apply to the l!Iu~ject proporty~ 4. i>.velop..nt plans. The plat ahall be developed in accordance with the plans desoribed in ~hls paragraph. ,With the exception of Pl~n A, the other plans listed in this paragraph will be prepared by Developaror its .gent~ aftar the execution of this Contract. Prior to th. ~omrnengement of any work in ~e plat, all plans 02/26/92 . ~ ~ ..,!':rr: . E .,\.,.,..___t_OF. _PAGES CARVER OUNTY ABSTRACT CO. O. Box 105 G!\~~~.._ MN 5531~ I~PBEL~, ~NUTSON. SCOTT ~ FUCHS, P.A Feb 26,92 7:27'No.OOl P.03 coverinq that type of work shall be approved in writing by.the city ~nd by first Bank National Association or its assigns. Plan A---PI4t prepared by pe.ters, IT1ce &. Sompson Land . Surve.yo~s, Ltd., approved by.the Chanhassen City Council on July 23, 1990. Pl~n B--Grading, Dr~in~ge, and Erosion Control Plan Plan C--Plans and Specffic4tiohS ~Qr I~provements Plan O--Site Plan Plan E--Lcndscaping Plan ~lan F--Elevations Plan p14nG--Arehitectural Plan Plan H--Site Lighting plan Plan I--Par'king Plan Plan J--sign Plan 5.'J)eveloper Installe4 lJDprovemen1os.. The Developer shall in6t~11 and pay for the following: A. Sanitary Sewer System ~. itater system C. stom water Drainage System D. Parking Lot E. Site Lightinq F. Bituminous Trails.and Concrete Sidewalks G. Site Grading H. Underground utilities '(gas, electX'ic, telephone, CAT'i) :r . Se~~ing of Lot and Block Monumants ' J. surveying and staking :K. Land scapi 1\9 L. BaCkfilling ancl Grading OVer '2" St.orm Sewer "'2- /) ...3 g 'P'^GC(:; PP,GE C>L' OF 1"\ 1-'-) . ,~BEL~. KNUTSON. SCOTT & FUCHS. P.A Feb 26.92 7=27 No.OOl P.04 H. EI19ineer1n91 surveying, and J:l\speci:1on G. city Znstal1ed '1lllproveaent.. 'rbe C1t.y shall design ~d construot the fOllowing impl:'ovuent.s as'IlIIp~uveJnent projeCrl:& >>0-13 ena 87-2: A. street Lighting along Karket. Boulevard, West 78th. $treet and Monterey Drive B. Auxlliary Turn umes on Hest. 78t.h S.treet:. c.. Awdliary 'turn Lane on H.zn:ket. aoulevard D. l!:>ttenslon of the 72'. St.OnlSeWiar The city shall atJse~$ the cost of the improvement:stogether vltb the. city's 1nlUrect costs such as capitall~6d interest, bonding, &\nd. engine~rin9 against the plat over a ten (10) year ,period with interest on. tbe unpaid balanoe at a rate establ1she~ by the city." The ~s8essment shall be <1eetned adopted on the d{l~e thl-:;; Cont.rac~ is si<Jned by the Cit.y. . The Developer waives a~y and all procedural ana substantive objections to the special ~ss.ssment, inoludlngbut not limited to be~rinq requirements and any claim that ~he 'assessl\\en~ .x<::eeds the ben&f~1t. to the property. The Developer waives any apppal rights otherwise available pursuan~ to ~.S.A. 5 429.0S1. ," 'rime or Pe.rfo:J:Jnance. The Develope);" $h~11 instAl:.l all required blprovements by NoveJDber: 30, 19~2.'1'he Developer may, howev~r, . :request an extension.ot time from. the. city. :If an extension is granted, it shali be ~on(lit.ioned upon u~ating. tlle ~eQ\lrity pO$t~d by 'the Developer to.retleot cost increas.es and the exten~ea co.pletion aate. 8. Security. To guarantee c01Ilplianc;e wit.h th~ terms of, this Contraot and construction of t.be Developer installed imp:r:ove:ll1ents, the Developer shall furnish the City with an alternate securi~y a9r~e~ent -3- t"^",0t:" ? Of' Jd p. It, ('\C(~ . ,,"';':'\\1,__':-2..-- J ~~_' t\\..1;-";) . pBEL~. KNUTSDN, SCOTT & FUCHS. P.~ Feb 26.92 7:27 No.OOl P.05 . from a bank ("seeurity") ,for$a06,867a65. The bank i..u!ng th~ _ecuriey shall :be sUbjeot 'to the approval Of the citY Ha~ager. Tbe amount of 'tha security was calcul~ted as tl0' of the tol1owing~ co~on Borrow, BacJCt'il1inq ana Gr.a(.1ing for 12" Storm Sewer sanitary Sewer Watermain sIte Lighting and signs ~ 22,500.00 $ 9,450.00 .~ 54,631.0~ .$ 11,;00.00 , 2,000.00 $ 1.1.,096. f.>0 $ 10,884.00 $ 60,O~O.OO $188,OS2..110 i$ not a re.t.rit;'tdon .on Erosion Control. Bnginoer!ng, Surveying, and Inspection Bituminous Trail. and Concrete sidewalk and Related $tripinq Landscaping TOTAL eOST 01' PUBL'lC J:D'&O~8 This breakdown is for historical reference; it the use of the security. The Developer shall provide the city with executed copy(ies) of the construotJ.on cont.ract(s) for .the i)ey.eloper installed improvements to verify the security amount is sufficient. The Developer shall inc~ease the seourity a~ount to addresS any defi~ionoy . . if BO noted and reQUQsted by the city. The El4l!ourity shall be for a ten ending December 31, 1993. IndividueLl aecuri1;y 1ns.t1:\l11\enta may be tor shorter terms provided tbey are replaced at least thirty (30) days prior to their expiration. The City may draw down the $9ourity, without: notice, tor any violation of th$ teJ:1l1S- of 'thl_ Cont~6t; or if the security is allowed to lapse prioX' to the end ot the required term.. If the required geveJQpar installed improvements.are not comp16ted at least thirty (~O) days prior to tbe exPiration of the security, 'tho city. may -4- [':\,'\ f"T'" . - J .Of ^ Qg p",\ r.!:.:"(' . frj:",\'..')t;_~. ~_ {-"\\..)L~...) ~PBELt, KNUTSPN, SCOTT & FUCHS, P.A reb 26,92 7:28 No.OOt P.06 also clraw it c1own. ~t the security is <lrawn down, the proGcec1# shall be used to cure the default. 'Upon receipt of proof sat.isfactory to the . . city that work has been completed and financial obli9~tions ~o the City have bean sAtisfied, w1tn City .approval the: seeUl"it.y may be reduced from ti:meto time. Ten pe-reent (10\) of the ..curit.y, but not. le!l& t.h;m $20,000, shall be retained until all Developer ~nstall.d ~pravem~nts ps d.efined h.rein have. ~en complateC, all ~lnanclal obligatiCJnlf 'to the City satisfied, and i:.he. required "a. constructed" plans have bO$n . . reqeived by the city. No secu'I'lty bas. been required for LOt 1, Block 1, >>~rket square _tor the City installed improvements listed in paragrapb 6 of th1$ . contra.ct providing the City recelvestrom the Developer, before t1le city' signs the final plat, an &x&cuteQ "Deficiency Agreement"'WherobY t~e' Developer guarantees to compe~sDte the c1ty ~nd the Chanhassen Ho"sinq and Rec.\evelopment'Al,1tbority tor all costs ana $"001111 aSSC5~ments associated with the installation of these improvements. netore. the city signs the final plat, the Developer stlall also e&er~ with ~ne City a $10,000.00 cash,escrow tor ~se by the City, to re1mburse southwest Metro Transi~ Authority for tbe ~~ense of relooating the bus sh~lter from Market BOulevard in accordance with i:.h~ attached Bscrow A9reemen~. ,. Hotloes. ltequir8d notices 1;0 th~ Deve.loper shall be in writ1ng, and ~hall be either band deliver.d to. the Developer, its employees or agentst or mailed to the Developer,by registered .~il at the tollowin9 address: MarXet squGre Assooiates Limite~ Partnersbip, .200 We.st Hlql1way .U, Burnsvl11e, Minnesota 55337. Notic.. to ~be city shall be in writing and shall be either hand delivered to the city Manage~, or -5- r- '\ ,...,.- c::- 0'-' 3 {J r.... 1\ r- ... (-" r;/'-!~ .~~- c::J J~ 0 ...Jf""' -'S'" .., . r.. _." ........____.... 1_____-..., ..\,.h<t~..... ,fPBElL, KNlITSDN, SCOTT 8. FUCHS, P.R Feb 26.92 7:28 No.Q01 P.O? oiled totha City by registered Bail in care of ~e c~ty Hanagor at the following address: Chanhassen cIty Hall, 690 Coulter Drive, P.O. Bolt . . 147, Cbanhassen, Minnasota 55317, Telepbone (612) '37-1900. A copy of required notices shall also be Bent ~o First Bank N~~ional Association, First Bank Place2as~ ~ 9FB, Minneapolis, Minnesota 55480,' or tQ any assi~ees of First Ban~ National Association wbo have nc~ltled ~be ei~y of such assiqmnent, and to anY' other holder"ot a mortgage upon the pJ:'operty sUbject. to this contraot which has glven written notice of 1t~ mort9~qe to the city. 10. other speoial Conditione. A. Revise proposed architectural plans as n$odetl 'toO' _ outdoor storage ,areas. are to be enolosad by a rock faced bloOK wall; _ tha trash compactor 1s to.~G prcvide4 with a rock raced block screen wall anCl r~located 'to t.he ~orth to provide a 24' wide drive aisle, and . _ the addition Qf ~~y drive-up windowa will require s!te plan approval wh.rein it will be tho Develope~'a responsibility to demonstrate ~hat internal ci~ou- lat10n pattern. and parking provitdons will not be impacted.. . .,/ . ,/ B. Tbe propose~ landsoapins plan $hould be mOQ1f1e4 as folloW's: - increase the .ize of conifers along the aouth pr~perty 1 ine for 6' to 12'; - rem9Ve the snow .torage are$ ~lon9Mark.t Boulevard and landsc.pe ~he space: and - cooperate with city staff in prov1~in9 ~ reloca~1on . plan fo~ the exist1nq landscaping alon9'Mark~t Boulevard and West 78th Street. , c. Re(julate access parking a8 follows= - provide a triangular ~raffle island in the Wes~ 18th Str.eet. ourb out; . -6- t"" "-r- J. .Qf 30 l'i...~.tjr:~J . D PA. rcc..;' _ tJ~:.) . !PBEL.L. KNlJTSON, SCOTT g. FUCHS. P. A Feo 26.92 7=29 No.DOl P.DS 1 - a ~lx foot wideconorete .1dewalk shall be construoted by the'Devel.oper along the west. side Of ,f(arket Boulev~rd f'rom West 78th stroo~ to 'the most 5o~tberly site access aoross from Bowling Alley Road; '- pedestrian cl:os&Walks Gh~11 be installed on Market Boulevard at west 18th street and at Bow1in9 Alley !toad. The cro~swalks'shBll be painted and siqned in accordance with ~e requiremente of Minnesota Manual on Traffic Con~rols# - eliminate tbe nine northern st~ll8 10ClGted on the east side of the supe~arket .xpansion and ~ify the parking area to prov$.(i'e a t\irn11l9 apace at. t.he end of ~he ai.l~: . - - all leases for the main building shall require that elO.ploye~ park1nv be loca't"ed at the );'ear of the center: - any restaurants propose~ in the center are .ubjec~ to a site plan review procedure. it. will be the Developer's reBponsi~ili~y to demonstrate parking adequ,acy if 1 t is i:.o be approved. The r~staUI'.nt spaces illustrated in' the two northern tenAnt spaces' in the main bui1.ding are exempt. fr()~ thia requ1re~entl and ~ .11 parkin9 lot cu~bin9 5ball.be B~612 conQreto~ P. Provide rinal graainq And ~rainage plans f9r approval. The plans lIlust incorporat.e t.he follo\ol1ng= . - storm sewers shall be. sized' for Il un year st.orm. Revised drainage calcUla~ions shall be submltted to the City ED9ineer tor approval, - 9raaing o'Ver the CitY'$ 721& storm .ewer 1111provel1lentsl . .. cOJl\Jllon borrow ';tor use in baokf.i.l1in9 the ?2" 'stom . . sewer. will J)e "on-site" 1l\~terial to be 8uPPU,oCl by the Dev.eloper a't no CO$t t.o the city At aeoit*. , location to be agreed upon. ~e siteloc.at.ion she-It be proximate to the storm sewer installation so that t~cklng ox- hauling of the'mat.erial will not.'bfJ required by the public cOh'tractor, . - tinal backtillin9 OVElJ: the'721J pipe, grading- end shaping aroun12 the storm struct\1r., gra.din9 ~na $hapin9 oveT the pipe aZld within the );'ailroCla.4itoh shall be t~e responsibility 0[' ~he pevelop~r. Pinal Shaping of the railroad ditohes shall provide for positiva drainage and shall be approved by tho City EngineeT: ....7- o:~,~ C' -1 'Of 3 d . p;\ ("" FC~ I"Wj;'::.: It....-.--L--. ..--'L---. ~ ..~::t"...~,....~ ! CAMPBE~L. KNUTSON, SCOTT & FUCHS. P.A Feb 26.92 7:29 No:OOl P.09 - wor~ within the railroad r19bt-of-way will require a ~a11road 'Permit. '!'be peveloper ~hall be responsible for a.pplying t'or and obt8.1nin<;J any and all permit.s and/or 8.greement$ from the appt:opriate railroad autborlty. All costs Associ6ted ~ith the.~.11road Approval shall be the 1=espon&ibilit.y of the Developer. Any. delays. in the pro,ect schedule .resulting :from delays in permit issuances ahall not be th~ responsibility of 'the City, .. 1;be city will proceed' with the improvement.s upon receipt Of all necessary ~~rovals,..reoeipt of .all Ia.ourl ty imptrUl\\ent.B and amount.s by 'the Developer; and. final approVal and execution of. tbe.dev.lopm6n~ contract: by the city and the Developer; .. the Developer 5hall provide, at n~ cost to the city all nece&sary construption easements or rigbt-of- entry penl~ts to allow construction of the city contraet 'to be oompleted; . _ the city will reasonably allow bul1din~ peraits to be issued wl"th 'the '\1Dderstanding tbat the,12" st.orm ' sewer, together with the Qtber public> roadway and utility improve5ents, wl11.~e installed .imult~n- ' eously wltb,th~ construction of the buildih9S provlcUng no construotion conflicts occur or int.er.. ruptions to the city's utility servi~e; - the exi.st.ing ~i!ltchbasin ad:}ac:.nt to 1danhole/:tl in Market Boulevard shoUld be relocated into tbe new curb :radius; . - project. approval 'by the Watershed 1>ist.l:'iot. is required prior to bu11~jng permit issuancel - an erosion control plan acceptable to the City should bo submitted prior to requestinq building permits: and .. with the except.ion of the 72lt storm s&we.rf all on- si~e sto~ drainage taoilities shall be owned and m~intalned by the Developer, its successor. and aaa.1gn8. E. Prcwide final roadway and ut.ility plans for approval. The existing 10" pve semita:ry sellek' ..hall b6 placed in an . oversized auc:tilta iron casing acceptable 'to tbe clt.y. I&xisting water.ma.1ns 1;0 be abandoned shall be r.mo'Voc3, :but not until a new watermain loop ill in servioe and appr.cve4 by the City Engineer. 'the Developer shall submit detalle(l const.ruction . plans and specifications for approval by the City Bngineer and provide as-built mylar plans upon compl$tion of Qonstruction. "8" E/\ ~.F Cl OF. -i d p;\ r: \.:- (, I: ~.-.;J._~~v. ~~,_...I.,; ~~'--''') .MPBELL, KNUTSON, SCOTT & FUCHS. P.A Feb 26.92 7:30 No.DOl P.lO F. The 81911 plan shall be sUbmitted for approval in ~ccordanoe with paragraph ,4 Of t~is Agree>>Gnt~ G. ~e .e1te ligheing plan sbal'l be sub1l1tted for approval QY the City. It aball inoo~porat. existing and propo..d boulevard/street. lighting along Konterey' 'Drive, West 78th Street, and Market Boulevard. As a part ot the Cit.y'. turn lane tmprovements alonq West 78th street a~ Karket Boulevard, the City shall relocate two existing Typ4a 'BI decora-tiv. lig-hts from the bowling alley entrance o~f Marke't Boulevard. and move. to the proposed ent.ranoe to Market Square on West "l8th Street. . Inad61t:lon, the City shall !net.all four Type 'A' street lights at the following locat.ionsr .. southwest corner ot the southerly ent.ranoe' 1:0 MaJ:k&t Square on llarket. BoUlevard - aouthwest anCl northwest corne'X' of" .t.he northerly' entrance to Market Square on Hat'ke:t. Boulevard _ northeast corner. or the northerly entranoe to Market Square on Mont:ere~'" Drive. Costs ft$soelated with these,11qht1nq i~provem.nt5 shall be the responSibility of the Developer~' . H. All conditions must l>e COD'lplet:ec1 as Ii. part of the ge.neral eonstruot1on ot the,project,and .hall not.l:>a left 'to tenants, i.e. rear ou~4oor storage areas. ete. I. The Developer shall construct and aedioate , trails/sidewalks .alonq West 78th Street and Market bouleva:ro in accordance with plans and specifications to be approved ~y tho City Enqineer. 'l'he tra;l1s'/si4ewa1.ks shalt be oonstruoted whim street i1t\prQVemen'ta a.r~ constructed. . J. Tha Dev~lope.r shall be :r$sponsible for ~djuat1tlont. of all eXis.ting and proposed ut.ilities to final grad6, i.e. &anit~ry Jnanholes, catCh basins, hydrante., and 9'ate" valves. K. Tne tOllowll\9 section of th.e Genero.l Conditions (BXhibit "8ft) shall not apply in thie develop.&nt contract: - Item No. 11 (Land$capin9) ... Item NQ. 16 '(Street SigDS) L. Installat1on'and type of erosion oontrol shall be. coordinated with the City improvements ~lon9 MArket BOulevard and the exton.ion of the 72"st.orm sewer. Spec!tio pl.uee1D(lnt Shall be aetermlned by City staff in the field. . . M. If construction activitie$ continue beyond frGfilZO-Up, &pecial 2l'looificatlons ,to construct.iQn pracd.oes shall bGl incorporat&c1 as dire.c\:ed by tlJe City. Enqineer, i.... full dQPt.h -9- r'.:~~J: Q OF' 3 <3. pl\rrc 1. 1- ~. ...~:....._--;;,._ ___._.l i ~....J:_....) . - -- . CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Feb 26,92 7:30 NO.OOt P.ll seleotgranular material tor trenoh backfill, etc., at no cost to the city. . . . N. outlot A shall not be developed un~il 1~ is ~eplatted. Any'~ul1dings on Lots 2, 3, 4, and Outlo~ A shall be designod with proper ~u11din9 ~ter1als 80 as to b& arChiteoturally ooapatible with tho Shopping center~ Ho additional acc.as sball be provided to serve Lots 2, 3, 4, and Outlo~ A. Only one additional monument si9n sball be allowed when Lot 4 is developed, and the sign Dust be identical to monwnent signag-9 allowed elsewhere in the Planned Unit Development. Developer Shall estab115h suitable ground cover, and k~ep it well maintaineCl, until Lots 3, 3, 4, .etnd Outlot A develop. >>'arking requ1re1len'ts for the develoP1llent .h0.11 ~ satlsfi.d wit;hin t.h& boundaries of sai~ Lots 2. 3, 4, And OUt-lot A. O. Except for tile utility easement. on the plat described as follows: That eertain utility easement twenty feet in width wbioh extends from the wester1.y bou.ndary line of Lot 1;. Blook 1, Market square, to the sft&t.rly bounaary'line of. said LOt: 1, an<\ the center line of said utility ease.~nt. intersects said westerly boundary line of said Lc~ 1 at .pprox1~a~&ly tbe pOj.nt of interaeotion of the center Joine of Picha Drive (as platted and. ded1cat.ad in the plat of Burdick park" Carver county, Minnesot~) now vace-t.ed with i:he saia westerly boundary line of said Lot 1, the final plat shall be amended to refleot the propoDod utility easementa as bo~h drainage and utility oasements. P. All mater1a1. hauled otf .sit. shall .follow an approved haul route to be desiqna~ed by the city. Q.. Tbe city's zoning ordinance site. plan review requirQ- ~ents shall apply to all new oonstruction and to any material ohanges Of approved buildings wi~bin the plat. 1i. General Con4i~lons. The general conditions ot tbis contra'ct are Attached as EXhibit "B" and ,incorporated herej.n. ...'.'..I...t........ Donald J. f a)'or AND. IQ ~ f:':~GF ID Of 3g~~!:~wot'~ , CJ.ty Manager. l ~ . .~).._~~~ ~ ,. (, 1 ~ '..' ~ . \J .'.. :BY; ~ ...'"". ."'- >-- . '- ,,. I~ .\ I .....'sEhL\..!..\L 'Ir" . """' - 'I "- ".....> .,'> :\ ~ ..' . '. ....... ~. ". -10- ~RMPBE~l, KNUTSON, SCOTT & FUCHS, P.A Feb 26.92 7:31 No.OOl P.12 DEVELOPER: MARXBT SQUARE ASSOCIATES LIMITED PAR'lNbSHIP BY: 78th Square general pa ne STA'I'E OF M'INNBSO~A ) ( $9. COUNTY OF CARVER ) he foregoing instrument was acknowledged before me this ,;;.,,~ day of ' , 1992~.by ponald J. Chmie1t :Mayor, and by Don Ashworth, C ty anager, of the city of Chanhassen, a Min~e,sota municipra.l corpora~1on. on behalf ot the oorporation and pursuan~ to the Duthori~y qranted'by its city counoil. -' . STATE 01' ~ ~ U. COUNTY 0 ) ~ e foregoing inatr~en~ was aoknowledged before me thiS~~ , day of , 1992 t by Timothy L. .Mennin9 II qeneral partner of 78th Sq are par er~hlp as general partn$~ Of Market square ABSOQiA~.. Limited Partne;t:ship, a Kin~esota .li1Qit.~ed partnerSbiPi_~on ~ts behalf. . 8 MARJE E. JENSEN ' t:: ~Wc=m . .IIO'l'ARY ~ . . . MvColl~ Elq:;rrc::)Ju."lOZl.1934 DRAFTED BY: Ca~pbell, RnutBon, Scott & Fuehst P.A. ~17 Eaqandale Office Center. 1380 Corporate center Curve Eagan, Minnesota 55121 (612) 452..5(>00 -11" Pt'GE~ II OF_J~ Pi'''''C(, . r.......)t....'~") CA~PBELL. KNUTSON. SCOTT & FUCHS. P.A Feb 26.92 7:32 No.OOl P.14 " 'I CONSBM' BlOOMImRG COHPANIZS :INCO:RFORA'rED, a Kinnesot.a Qorpot'ation, tee" owner of all or part of the Bubj.ot. proper1;:y, the dev.lop'IieDt of whioh ie governed by 'the forec;loing Development Contract, affb111 and oonsent to the provisions thereof and agree to be bOund by the provision. aa ~ha. same may apply to tha.t portion of the subject. . properly ~wnecl ])1 it. Dated. this 2::L clay of ~ ' 19~. BlDOMBBRG COMPANXSS INCORPORATED By. 'W~/.ot.J .~~ IlU>O)lBllllG - ~ S~~TE or MINNESOTA ) COUNTY OF ~Ikf';' : as. he foregoing instrument was aOknowledged before me ls~~ day of Io~ ' , 19.7 2-, by tterbe~t N. B],o01D.berg, the" · of Bloombe~ Companies Incor,porate4, a Minnesota corporat on, of the corporation. 1e."".".,.~.:rAV_.N-_---..tJ.VIh..V.._.~. . JAMB R.wAiSroN "I ~~A ..__ __ ~~ ~~ 1991 --... --'" _~_____.J1I..___..-____.NN+--"''' DRAFTED BY: Campbell, Knutson, soott trFuchs, P.A. 317 ~a9and~le office Conter 1380 corporate Center Curve Bagan, Minnesota 55121 (612) 452-5000 Et.{'GE I~ OF 38' PAGE.S .. w' OM, ./'\, l,J :2 f ,",-- ~/PuD . PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated this 28th day of June, 1993, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and WEST ONE PROPERTIES, a Minnesota general partnership ("Developer"). 1. REQUEST FOR APPROVAL. The Developer has asked the City to rezone the land encompassed in the WEST ONE ADDITION ("subject property") to planned unit development ("PUD"). 2. CITY APPROVAL. The City hereby grants PUD approval subject to the terms of this Agreement. 3. PURPOSE. The purpose of this zone is to create a PUD that will allow the . expansion of an existing office/light manufacturing use. It is intended that this use be operated and maintained to preserve its low intensity character to ensure its compatibility with surrounding uses and the greater Chanhassen Central Business District. 4. PERMITTED USES. Permitted uses are limited to the following: . Light Manufacturing . Retail . Newspaper and Small Printing Offices . Veterinary Clinic . Animal Hospital . Offices 5. STANDARDS. A. Ught manufacturing is subject to the following limitations: . . no visible emissions of smoke no noise emissions exceeding the MPCA standards measured at the property line no outdoor, unscreened storage of materials, trash storage, shipping pallets except for recycling materials . . 11628 01120/94 CHAN:WEST ONE ADD. . . . no overnight parking of semi-trailers or inoperable vehicles all parking must be accommodated on-site in a concealed location behind the building. B. Retail uses are subject to the following limitations: . signage consistent with approved sign package . retail uses must be consistent with the site's restricted parking. 6. BGZONING. Except as specifically provided herein, the subject property is subject to the requirements of the BG, General Business District, zoning district as may be amended. 7. EFFECT OF PLANNED UNIT DEVELOPMENT APPROVAL. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development, density, lot size, lot layout or dedications of the development unless required by state or federal law or agreed to in writing .by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted aft.er the date of this Agreement. 8. COMPLIANCE WITH lAWS AND REGULATIONS. The Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to planned unit development ordinance, subdivision ordinances, zoning ordinances, and environmental regulations. The Developer agrees to comply with such laws and regulations. 9. ENFORCEMENT. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. . The Developer shall pay in full all bills submitted to it by the City within sixty (60) days after 11628 01/20/94 2 CHAN:WEST ONE ADO. .eceiPt. If the bills are not paid on time, the City may halt all development work until the bills are paid in full. Bills not paid within sixty (50) days shall be subject to an eight percent (8%) per annum interest charge. 10. MISCEllANEOUS. A. Breach of any material term of this Agreement by the Developer shall be grounds for denial of building permits. B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by the Developer, its agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval of the final planned unit development shall thereby be revoked. . amendment to the provisions of this Agreement. To be binding, amendments or waivers shall C. The action or inaction of any party shall not constitute a waiver or be in writing, signed by the parties, and approved by written resolution of the City Council. Any party's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release. D. This Agreement shall run with the land and shall be recorded in the Carver County Recorder's office. E. This Agreement shall be liberally construed to protect the public's interest. F. This Agreement shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. . 11628 01/20/94 3 CHAN:WEST ONE ADO. . is not of "metropolitan significance"and that a state environmental impact statement is not G. The Developer represents to the City that the Planned Unit Development required. However, if the City or another governmental entity or agency determines that a federal or state impact statement or any other review, permit, or approval is required, the Developer shall prepare or obtain it at its own expense: The Developer shall reimburse the City for all expenses, including staff time and reasonable attorney's fees, that the City incurs in assisting in preparation. CITY OF CHANHASSEN (SEAL) . WEST QNE PROPERTIES ! ""0 AND STATE OF MINNESOTA J ( ss. COUNTY OF CARVER, ) A. The foregOin,g' instrument was ~cknowledged be, fore me this 17'1J, day .of ..d'~, 1994, by Donald J. Chmiel and by Don Ashworth, the Mayor and City Manager r(j the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 11628 01/20/94 -_._.-.-..,----...~....._.__.._'_._.+ +- , . , I~AREN J. ENGELH/\RDT ! II' r$.f:~\ NOTAPY PuBIJC-M!NNESOTA ',., \,";1t:-::t': J ('jR\iER ('0: ;~\m J :'t!5: "'::~G:;':~:I.;' E iJ,"e;- 6CT~2?~! ~~ . 4 CHAN:WEST ONE ADD. . STATE OF MINNESOTA ) ( ss. COUNTY OF~i,U.i~/ ) The foregoing instrument was acknowledged before me " this:fJ..7-t::1. day of . , 1994, by Douglas M. Hansen and by Robert O. Nyen, general partners of West ies, a Minnesota general partnership, on behalf of the partnership. DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 31 7 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 .(612) 452-5000 RNK:srn +--'-~-'-'-I-'r'~'i:;-.~_.t , ~' , i'\ KAREN J. E';"EL. :/IRDI , I . ';%~~~~-\ NOif\RY PU.~l!C-~:l~iNESOiA Ii' , .~~f:~.J CARYt:R COlif'iTY " l ~~..' My C'o~rn;,5:0i" E1.f.\itU,; O~:T 16, 1997 I -+ ...................~~..... ~.~I**:~=-::~I~.aa... . 11628 01/20/94 5 CHAN:WEST ONE ADD. Approved 9/28/92 Chanhassen Retail Center DEVELOPMENT STANDARDS a. Intent The purpose of the zone is to create a PUD commercial/retail zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses The permitted uses in this zone should be limited to appropriate commercial and service uses consistent with the City's CBD development goals. The uses shall be limited to those as defined herein. If there is a question as to the whether or not a use meets the definition, the City Council shall make that interpretation. 1. Day Care Center 2. Standard Restaurants 3. Health and recreation clubs 4. Retail 5. Financial Institutions, including drive-in service * 6. Newspaper and small printing offices 7 . Veterinary Clinic 8. Animal Hospital 9. Offices 10. Health Care Facility 11. Garden Center (completely enclosed) 12. Bars and Taverns 13. Fast Food Restaurants (Maximum of 2) * · Drive-thru's should be buffered from all public views. c. Setbacks In the PUD standards, the building setback for commercial is 50 feet from any public right-of-way, parking along right-of-ways shall be set back 20 feet. Street Building Setback Parking Setback West 78th Target 50 Feet 20 Feet Outlot B 50 Feet 20 Feet Richfield Bank 50 Feet 20 Feet Powers Boulevard 50 Feet 20 Feet Hwy.5 Target 100 Feet 20 Feet Outlot B 50 Feet 20 Feet Kerber Boulevard Richfield Bank 25 Feet 20 Feet Picha Street Richfield Bank 25 Feet 20 Feet d. Development Standards Tabulation Box USE Lot Area Bldg sq Ft. Parking Landscape Coverage Height Permitted 20,000 NA Per code 30% 70% 40 feet Use sq. ft. e. Building Materials and Design The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material compatible to the building. 1. All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels and not painted block. Painted surfaces shall be allowed on the Target Store only. 2. Brick may be used and must be approved to assure uniformity. 3. Block shall have a weathered face or be polished, fluted, or broken face. 4. Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured or coated. 5. Metal standing seam siding will not be approved except as support material to one of the above materials or curtain wall on office components. 6. All accessory structures shall be designed to be compatible with the primary structure. 7. All roof mounted equipment shall be screened by pitched roofs, except for the Target store shall have a parapet wall for screening. Wood screen fences are prohibited. Screening shall consist of compatible materials. 8. All outlots shall be designed with similar material and colors as Target. (Target will be the first store to build and they will establish or set the theme.) 10. All buildings on Outlot B shall have a pitched roof line. f. Site Landscaping and Screening In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit a separate landscaping plan as part of the site plan review process. 1. All open spaces and non-parking lot surfaces (outlot) shall be landscaped, or covered with plantings and/or lawn material. 2. Outdoor storage is prohibited 3. The mater landscape plan for the Target PUD shall be the design guided for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. 4. Loading areas shall be screened from public right-of-ways. Wing wall may be required where deemed appropriate. 5. Outlot B shall be seeded and maintained in a weed free condition in all areas proposed for future development. g. Signage One freestanding pylon sign shall be permitted for Target. This site is limited to a monument sign. 1. Each property shall be allowed one monument sign located near the driveway into the private site. Monument signage shall be subject to the monument standards in the sign ordinance. 2. Wall signs are permitted on no more than 2 street frontages. The total of all wall mounted sign display areas shall not exceed fifteen (15) percent of the total area of the building wall upon which the signs are mounted. 3. All signs require a separate permit. 4. The signage will have consistency throughout the development and shall tie the building materials to be consistent with the signs. This includes the freestanding wall and monument signs. Signs shall be an architecture feature, they shall not be solely mounted on a pole of a foundation. 5. Consistency in signage shall relate to color, size, materials, and heights. 6. Temporary signs will be allowed in a manner consistent with the city sign code. Lighting Applicant's Proposal. The applicants are proposing a decorative shoe box fixture, with a square ornamental pole. These would be in the parking lot and the street right-of-way. Finding, 1. All light fixtures shall be shielded high pressure sodium fixtures. Light level for site lighting shall be no more than Y2 candle at the property line. This does not apply to street lighting. 2. Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. 3. Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. 4. Light poles shall use shoe box light standards. G:\PLAN\AA \Target Development.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. ----- AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the Market Square Planned Unit Development Special Provisions, Section 3. Zoning, to read as follows: SPECIAL PROVISIONS 3. Zoning. The plat is being rezoned to Planned Unit Development. Except as s ecificall modified herein, the uses, re uirements, and standards of the as may be amended, shall apply to the subject property. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ day of ,2010. ATTEST: Todd Gerhardt, ClerklManager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ,2010) g:\plan\201O planning cases\10-03 amending downtown puds\market square ordinance,doc 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of The City of Chanhassen to amend Market Square Planned Unit Development. On January 19, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a Planned Unit Development Amendment. The Planning Commission conducted a public hearing on the proposed application preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development District. 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lots 1-4, Block 1, Market Square; and Lot 1, Block 1, Market Square 2nd Addition 4. The proposed amendment to the PUD is consistent with the guidelines outlined within the comprehensive plan. 5. The planning report #10-03, dated January 19,2010, prepared by Sharmeen AI-Jaff, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the Market Square Planned Unit Development Amendment 2010-03. ADOPTED by the Chanhassen Planning Commission this 19th day of January, 2010. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. ----- AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the West One Planned Unit Development Agreement, Section 6. Zoning, to read as follows: 6. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ day of ,2010. ATTEST: Todd Gerhardt, ClerklManager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ,2010) g:\plan\201O planning cases\IO-03 amending downtown puds\west one ordinance.doc 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of The City of Chanhassen to amend West One Planned Unit Developments. On January 19,2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a Planned Unit Development Amendment. The Planning Commission conducted a public hearing on the proposed application preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development District. 2. The property is guided by the Land Use Plan for Industrial. 3. The legal description of the property is: Lot 1, Block 1, West One Addition 4. The proposed amendment to the PUD is consistent with the guidelines outlined within the comprehensive plan. 5. The planning report #10-03, dated January 19,2010, prepared by Sharmeen Al-Jaff, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the West One Planned Unit Development Amendment 2010-03. ADOPTED by the Chanhassen Planning Commission this 19th day of January, 2010. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. ----- AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the Chanhassen Retail Center Planned Unit Development Standards, Sections a. Intent, c.. Setbacks, d. Development Standards Tabulation Box, and Lighting, to read as follows: a. Intent The purpose of the zone is to create a PUD commercial/retail zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed throu h site plan review based on the develo ment standards outlined below. 1 d. Development Standards Tabulation Box USE Permitted Use Lot Area 20,000 sq. ft. Bldg sq Ft. Parking NA Per code Lighting 1. All light fixtures shall be shielded high pressure sodium fixtures Light level for site lighting shall be no more than Y2 candle at the property line. This does not apply to street lighting. 2. Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. 3. Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. 4. Light poles shall use shoe box light standards. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ day of ,2010. ATTEST: Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on , 2010) g:\plan\201O planning cases\10-03 amending downtown puds\chanhassen retail center ordinance,doc 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of The City of Chanhassen to amend Chanhassen Retail Center Planned Unit Developments. On January 19,2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a Planned Unit Development Amendment. The Planning Commission conducted a public hearing on the proposed application preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development District. 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1 and Outlot A, Chanhassen Retail Addition; Outlot A Chanhassen Retail 2nd Addition; Lots 1-3, Chanhassen Retail3rd Addition; and Lots 1-2, Block 3, Burdick Park Addition. 4. The proposed amendment to the PUD is consistent with the guidelines outlined within the comprehensive plan. 5. The planning report #10-03, dated January 19,2010, prepared by Sharmeen AI-Jaff, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the Chanhassen Retail Center Planned Unit Development Amendment 2010-03. ADOPTED by the Chanhassen Planning Commission this 19th day of January, 2010. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 1 CITY OF CHANHASSEN AFFIDA VIT 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 December 31, 2009, 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 Downtown PUD Amendments (Market Square, West One, and Chanhassen Retail Center) - Planning Case 10-03 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 this 5~ day of :J;.nu.a A.j ,2010. ~~~~ '--' Notary p~ KIM T. MEUWISSEN Notary Public-Minnesota My Commission Expires Jan 31. 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 19, 2010 at 7;00 p.m. This hearing may not start until later in the evenina, deoendina on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to amend Planned Unit Developments (PUDs) in Proposal: downtown Chanhassen (Market Square, Chanhassen Retail Center, and West One) Applicant: City of Chanhassen Property Downtown Chanhassen Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the proiect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/olan/10-03.html. If you wish to talk to someone about this project, please contact Sharmeen Questions & AI-Jaff by email at saliaff@ci.chanhassen.mn.us or by phone Comments: at 952-227-1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: · Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission, City ordinances require all property within 500 feet of the SUbject site to be notified of the application in writing, Any interested party is invited to attend the meeting, · Staff prepares a report on the subject application that includes all pertinent information and a recommendation, These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation, The item will be opened for the pUblic to speak about the proposal as a part of the hearing process. The Commission will close the pUblic hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation, Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. . Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard, Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting, . A neighborhood spokesperson/representative is encouraged to provide a contact for the city, Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s), · Because the Planning Commission holds the pUblic hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. "you wish to have somethina to be included in the recort, olease contact the Plannina Staff cerson named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 19, 2010 at 7:00 p.m. This hearing may not start until later in the evenina, deoending on the order of the aaenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to amend Planned Unit Developments (PUDs) in Proposal: downtown Chanhassen (Market Square, Chanhassen Retail Center, and West One) Applicant: City of Chanhassen Property Downtown Chanhassen Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the oroiect. If you want to see the plans before the meeting; please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/olan/10-03.html. If you wish to talk to someone about this project, please contact Sharmeen Questions & AI-Jaff by email at saliaff@ci.chanhassen.mn.us or by phone Comments: at 952-227-1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission, The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission, City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting, . Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation, The item will be opened for the public to speak about the proposal as a part of the hearing process, The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. · Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting, . A neighborhood spokesperson/representative is encouraged to provide a contact for the city, Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). · Because the Planning Commission holds the pUblic hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the reoort, olease contact the Planning Staff cerson named on the notification, BLOOMBERG COMPANIES INC PO BOX 730 CHANHASSEN, MN 55317-0730 CHANHASSEN LODGING LLC 366 SOUTH 1 OTH AVE PO BOX 727 WAITE PARK, MN 56387-0727 CHERYL ROUEN 971 SANTA VERA DR CHANHASSEN, MN 55317-9674 DOUGLAS M HANSEN 11969 NORTH SHORE DR SPICER, MN 56288-9575 1ST AR MINNESOTA LLC PO BOX 4900 SCOTTSDALE, AZ 85261-4900 KRAUS-ANDERSON INC 4210 WEST OLD SHAKOPEE RD BLOOMINGTON, MN 55437-2951 M&I MARSHALL & ILSLEY BANK 770 N WATER ST MILWAUKEE, WI 53202-3509 NATHAN M WAIT 961 SANTA VERA DR CHANHASSEN, MN 55317-9674 PATRICIA M NELSON-BOLLER 939 SANTA VERA DR CHANHASSEN, MN 55317-9368 ROBERTS AUTOMATIC PRODUCTS INC 880 LAKE DR CHANHASSEN, MN 55317-9325 CARVER COUNTY 600 4TH ST E CHASKA, MN 55318-2102 CHANHASSEN RETAIL L TD PRTSHP 810 LILAC DR N ROBBINSDALE, MN 55422-4673 CNL FUNDING 2000-A PO BOX 1671 ORLANDO, FL 32802-1671 ECKANKAR PO BOX 27300 GOLDEN VALLEY, MN 55427-0300 JOHN R & NANCY J GREEN 959 SANTA VERA DR CHANHASSEN, MN 55317-9674 LARRY A ZAMOR 170 BIRCH BLUFF RD EXCELSIOR, MN 55331-8512 MARKET SQUARE ASSOC L TD PTRSHP 1715 YANKEE DOODLE RD #200 EAGAN, MN 55121-1698 NEARCO IV LLC 7002 6TH ST N OAKDALE, MN 55128-6146 RICHARD W STEINER JR PO BOX 4203 WHITEFISH, MT 59937-4203 STATE BANK OF CHANHASSEN 1550 AUDUBON RD CHASKA, MN 55318-9508 CHANHASSEN LETSOS LLC PO BOX 901 DEERFIELD, IL 60015-0901 CHERYL L STOCK 981 SANTA VERA DR CHANHASSEN, MN 55317-9674 DONALD E HALLA PO BOX 260888 PLANO, TX 75026-0888 IRET PROPERTIES 3015 16TH ST SW #100 PO BOX 1988 MINOT, ND 58702-1988 KATHLEEN M DOMAAS 973 SANTA VERA DR CHANHASSEN, MN 55317-9674 LUTHERAN CHURCH OF THE PO BOX 340 CHANHASSEN, MN 55317-0340 MARKET SQUARE ASSTS II LLC 470 78TH ST W #260 CHANHASSEN, MN 55317-4547 OAK HILL HOMEOWNERS ASSN PO BOX 812 CHANHASSEN, MN 55317-0812 RIDGEVIEW MEDICAL CENTER 500 MAPLE ST S WACONIA, MN 55387-1791 TACO CHAN LLC 965 DECATUR AVE N GOLDEN VALLEY, MN 55427-4325 TARGET CORPORA TJON T -0862 PO BOX 9456 MINNEAPOLIS, MN 55440-9456 YOGEINDRA N OHNESWRE 983 SANTA VERA DR CHANHASSEN, MN 55317-9674