Zoning Letter 05-05-2010 10if May 5, 2010
CITY OF Mr. Thomas Hughes
CHANHASSEN Community Bank Corporation
7700 Market Boulevard 455 Pond Promenade
PO Box 147 Chanhassen, MN 55317
Chanhassen, MN 55317
Re: Lotus Retail (Haskell's) (the "project ") — Planning Case 2010 - 04
Administration City of Chanhassen, Hennepin County, Minnesota
Phone: 952.227.1100 19900 West 78` Street
Fax: 952.227.1110
Building Inspections Dear Mr. Hughes:
Phone: 952.227.1180
Fax: 952.227.1190 This office has been requested to confirm certain facts and circumstances
concerning the current zoning, land use, and code compliance status of the above
Engineering r eferenced project. In furtherance of that request, we hereby confirm and advise
Phone: 952.227.1160 p � q � Y
Fax: 952.227.1170 you as follows, to wit:
Finance 1. The above referenced project is located within the corporate limits of the City
Phone: 952.227.1140 of Chanhassen, Hennepin and Carver Counties, Minnesota. Accordingly, the
Fax: 952227.1110 building and other improvements comprising the project are under the
Park & Recreation jurisdiction and are required to comply with the building codes, ordinances
Phone: 952.227.1120 and regulations of the City of Chanhassen, Carver and Hennepin Counties,
Fax: 952.227.1110 Minnesota.
Recreation Center 2. The project currently is located in a district with zoning classification of
2310 Coulter Boulevard
Phone: 952.227.1400 Highway and Business Services District, BH, and a comprehensive plan
Fax: 952.227.1404 designation of commercial. The zoning classification is consistent with the
comprehensive plan designation. A copy of the zoning district regulations is
Planning & enclosed.
Natural Resources
Phone: 952227.1130 3. Any further amendments to the zoning ordinance applicable to the project will
Fax: 952.227.1110
be consistent with the aforesaid comprehensive plan designation at
Public Works all times.
1591 Park Road
Phone: 952.227.1300 4. The proposed use of the project for commercial and retail use is a permitted
Fax: 952.227.1310 use under the aforesaid zoning classification and is consistent with the
Senior Center aforesaid comprehensive plan designation.
Phone: 952.227.1125
Fax: 952.227.1110 5. The project's proposed use, as described above, complies with the above
stated current zoning classification and all current zoning requirements and
Web Site regulations applicable thereto, and also complies with the above stated
www.ci.chanhassen.mn.us comprehensive plan designation and all requirements applicable thereto.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mr. Thomas Hughes
Lotus Retail (Haskell's)
May 5, 2010
Page 2
6. The project, Planning Case #10 -04, was approved by the City Council of the City of
Chanhassen on February 22, 2010, 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.
And,
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
facade and the primary street for property located at 19900 West 78 Street.
7 All utility services are available to said property including water, sanitary sewer, storm water,
electric, gas, and telephone in sufficient capacity for the project.
8 The project is located in Flood Zone C, which is not an area of high hazard for flooding and
is considered an area of minimal flooding, Community Panel Number 270159 0005, effective
January 17, 1986.
9. There are no pending applications, staff initiated recommendations or administrative actions
to change or amend the current zoning ordinance or zoning map or comprehensive plan so as
to modify the permitted uses of the land upon which the project is located or which would
affect or impose additional conditions on the above described current use of the project or
any tenant improvement, if any, remaining to be constructed at the project.
This information was researched by the undersigned on request as a public service. The
undersigned certifies that the above information is believed to be accurate. However, neither the
undersigned nor the City assumes liability for errors or omissions. All information was obtained
from public records which may be inspected during normal business hours.
Should additional information be required of this office concerning the project, you may contact
the undersigned..
Sincerely,
Robert Generous, AICP
Senior Planner
Enclosure
g: \plan\2010 planning cases \10 -04 lotus retail\zoning letter.doc
§ 20 -695 CHANHASSEN CITY CODE
d. The minimum setback is 50 feet when it abuts a residential district without being
separated from the residential district by a street or railroad right -of -way.
e. Buffer yards. The city comprehensive plan establishes a requirement for buffer
yards. Buffer yards are to be established in areas indicated on the plan where
higher intensity uses interface with low density uses and shall comply with
chapter 20, article XXV, of the Chanhassen City Code.
The buffer yard is not an additional setback requirement. The full obligation to
provide the buffer yard shall be placed on the parcel containing the higher
intensity use.
The buffer yard is intended to provide physical separation and screening for the
higher intensity use. As such, they will be required to be provided with a
combination of berming, landscaping and/or tree preservation to maximize the
buffering potential. To the extent deemed feasible by the city, new plantings shall
be designed to require the minimum of maintenance, however, such maintenance
as may be required to maintain consistency with the approved plan, shall be the
obligation of the property owner.
(Ord. No. 80, Art. V, § 10(5- 10 -5), 12- 15 -86; Ord. No. 94, §§ 1, 2, 7- 25 -88; Ord. No. 136, §§ IA,
1B, 1- 28 -91; Ord. No. 451, § 3, 5- 29 -07; Ord. No. 474, §§ 9, 10, 10- 13 -08)
Sec. 20 -696. Interim uses.
The following are interim uses in the "BN" district:
(1) Churches.
(2) Reserved.
(Ord. No. 120, § 3, 2- 12 -90; Ord. No. 243, § 4, 2- 13 -95)
Secs. 20- 697 -20 -710. Reserved.
ARTICLE XVII. 1 311" HIGHWAY AND BUSINESS SERVICES DISTRICT
Sec. 20 -711. Intent.
The intent of the "BH" district is to provide for highway oriented commercial development
restricted to a low building profile.
(Ord. No. 80, Art. V, § 11(5- 11 -1), 12- 15 -86)
Sec. 20 - 712. Permitted uses.
The following uses are permitted in a "BH" district:
(1) Antennas as regulated by article XXX of this chapter.
(2) Car wash.
(3) Community center.
Supp. No. 5 CD20:126
ZONING § 20 -714
(4) Convenience stores without gas pumps.
(5) Day care center.
(6) Fast -food restaurant.
(7) Financial institutions with/or without drive- through services.
(8) Funeral homes.
(9) Health services.
(10) Liquor stores.
(11) Miniature golf.
(12) Motels and hotels.
(13) Offices.
(14) Personal services.
(15) Private clubs and lodges.
(16) Reserved.
(17) Shopping center.
(18) Specialty retail shops.
(19) Standard restaurants.
(20) Utility services.
(Ord. No. 80, Art. V, § 11(5- 11 -2), 12- 15 -86; Ord. No. 116, § 6, 1-22-90; Ord. No. 122, § 1, 2- 26 -90;
Ord. No. 173, § 1, 7- 27 -92; Ord. No. 259, § 21, 11- 12 -96; Ord. No. 377, § 97, 5- 24 -04; Ord. No.
377, § 97, 5- 24 -04)
Sec. 20 - 713. Permitted accessory uses.
The following are permitted accessory uses in a "BH" district:
(1) Signs.
(2) Parking lots.
(3) Temporary outdoor sales (subject to the requirements of section 20 -312).
(Ord. No. 80, Art. V, § 11(5- 11 -3), 12- 15 -86; Ord. No. 243, § 5, 2- 13 -95; Ord. No. 377, § 98,
5- 24 -04)
Sec. 20 - 714. Conditional uses.
The following are conditional uses in a "BH" district:
(1) Automobile rental facilities.
(2) Automotive repair shops.
(3) Convenience stores with gas pumps.
Supp. No. 5 CD20:127
§ 20 -714 CHANHASSEN CITY CODE
(4) Emission control testing stations.
(5) Garden centers.
(6) Motor fuel stations.
(7) Outdoor storage.
(8) Reserved.
(9) Small vehicle sales.
(10) Supermarkets.
(11) Towers as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 11(5.11-4), 12-15-86; Ord. No. 80 -G, § 1, 1-11-88; Ord. No. 91, § 1, 6- 27 -88;
Ord. No. 116, § 6, 1-22-90; Ord. No. 120, § 4(8), 2- 12 -90; Ord. No. 137, § 2, 2- 11 -91; Ord. No. 259,
§ 22, 11- 12 -96; Ord. No. 296, § 2, 2- 14 -00; Ord. No. 377, § 99, 5- 24 -04)
Editor's note — Section 1 of Ord. No. 91, adopted June 27, 1988, amended § 20 -714 by
adding a subsection (5) thereto. Inasmuch as there existed a subsection (5), added by Ord. No.
80 -G, the editor has renumbered the new provisions as § 20- 714(6).
Subsequently, subsections (5) and (6), added by Ord. No. 116, § 6, adopted Jan. 22, 1990,
were renumbered as (7) and (8).
State law reference — Conditional uses, M.S. § 462.3595.
Sec. 20 -715. Lot requirements and setbacks.
The following minimum requirements shall be observed in a "BH" district subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum district area is ten acres. This section may be waived by a condition use
permit in the case of expansion of an existing district.
(2) The minimum lot area is 20,000 square feet.
(3) The minimum lot frontage is 100 feet, except that lots fronting on a cul- de-sac shall
have a minimum frontage in all districts of 60 feet.
(4) The minimum lot depth is 150 feet.
(5) The maximum lot coverage is 65 percent.
(6) Off - street parking shall comply with district setback requirements except:
a. There is no minimum setback when it abuts a railroad right -of -way, except as
provided in chapter 20, article XXV, division 3, pertaining to landscaping
requirements.
b. There is no minimum setback when it abuts, without being separated by a street,
another off - street parking area.
c. The minimum setback is 50 feet when it abuts a residential district without being
separated from the residential district by a street or railroad right -of -way.
d. The minimum setback is 25 feet for side street side yards.
Supp. No. 5 CD20:128
ZONING § 20 -716
e. Parking setbacks along public rights -of -way may be reduced to a minimum of ten
feet if the applicant can demonstrate to the satisfaction of the city that
100 - percent screening is provided at least five feet above the adjacent parking lot.
The intent of this section is that the city is willing to trade a reduced setback for
additional landscaping that is both an effective screen and of high quality
aesthetically. Acceptable screening is to be comprised of berming and landscap-
ing. Screening through the use of fencing is not permitted.
(7) The maximum height is as follows:
a. For the principal structure, two stories.
b. For accessory structures, one story.
(8) Minimum setback requirements:
a. For front yards, 25 feet.
b. For rear yards, 20 feet.
c. For side yards, ten feet.
d. The minimum setback is 50 feet when it abuts a residential district without being
separated from the residential district by a street or railroad right -of -way.
e. Buffer yards. The city comprehensive plan establishes a requirement for buffer
yards. Buffer yards are to be established in areas indicated on the plan where
higher intensity uses interface with low density uses and shall comply with
chapter 20, article XXV, of the Chanhassen City Code.
The buffer yard is not an additional setback requirement. The full obligation to
provide the buffer yard shall be placed on the parcel containing the higher
intensity use.
The buffer yard is intended to provide physical separation and screening for the
higher intensity use. As such, they will be required to be provided with a
combination of berming, landscaping and/or tree preservation to maximize the
buffering potential. To the extent deemed feasible by the city, new plantings shall
be designed to require the minimum of maintenance, however, such maintenance
as may be required to maintain consistency with the approved plan, shall be the
obligation of the property owner.
(Ord. No. 80, Art. V, § 11(5- 11 -5), 12- 15 -86; Ord. No. 94, §§ 1, 3, 7- 25 -88; Ord. No. 136, §§ IA,
1B, 1- 28 -91; Ord. No. 451, § 4, 5- 29 -07; Ord. No. 474, § 11, 10- 13 -08)
Sec. 20 -716. Interim uses.
The following are interim uses in the "BH" district:
(1) Churches.
(2) Reserved.
Supp. No. 5 CD20:129
§ 20 -716 CHANHASSEN CITY CODE
(3) Farmers markets.
(Ord. No. 120, § 3, 2- 12 -90; Ord. No. 243, § 6, 2- 13 -95)
Secs. 20-717-20-730. Reserved.
ARTICLE XVIII. "CBD" CENTRAL BUSINESS DISTRICT
Sec. 20 -731. Intent.
The intent of the "CBD" district is to provide for downtown business development
supporting a strong central business district while enhancing the overall character of the
community in conformance with downtown redevelopment plan, goals and objectives.
(Ord. No. 80, Art. V, § 12(5- 12 -1), 12- 15 -86)
Sec. 20 -732. Permitted uses.
The following uses are permitted in a "CBD" district:
(1) Antennas as regulated by article XXX of this chapter.
(2) Bars and taverns.
(3) Bowling center.
(4) Clubs and lodges.
(5) Community center.
(6) Convenience stores without gas pumps.
(7) Convention and conference facilities.
(8) Cultural facilities.
(9) Day care center as part of shopping center.
(10) Department stores.
(11) Entertainment.
(12) Fast -food restaurants as part of shopping center.
(13) Financial institutions.
(14) Hardware goods.
(15) Health and recreation clubs.
(16) Health services.
(17) Home furnishings.
(18) Hotels.
(19) Liquor stores.
(20) Multiple - family dwellings, including senior citizen housing.
Supp. No. 5 CD20:130
CITY OF CHANHASSEN
P 0 BOX 147
CHANHASSEN MN 55317
05/05/2010 3:10 PM
Receipt No. 0127670
CLERK: katie
PAYEE: Excelsior Title
350 Hwy 7 Suite 1
Excelsior MN 55331
Zoning Letter - Planning Case 10 -04
Use & Variance 25.00
Total 25.00
Cash 0.00
Check 10765 25.00
Change 0.00
SCANNED