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CC Minutes 03-26-2012Chanhassen City Council – March 26, 2012 PRIMROSE OF CHANHASSEN: A. PUBLIC HEARING: VACATION OF DRAINAGE & UTILITY EASEMENT. B. REQUEST TO AMEND THE EXISTING STANDARDS OF THE CHANHASSEN GATEWAY PLANNED UNIT DEVELOPMENT; PRELIMINARY & FINAL PLAT TO REPLAT 6.15 ACRES INTO ONE LOT AND ONE OUTLOT; SITE PLAN REVIEW FOR THE CONSTRUCTION OF A DAYCARE BUILDING; CROSSROADS OF ND CHANHASSEN 2 ADDITION. Kate Aanenson: Mayor, if I may. Mayor Furlong: Everyone else left. You’re on. Kate Aanenson: We’re going to take both applications together. Mayor Furlong: Okay. Kate Aanenson: And so I think to kind of give an overview of the project. Obviously the vacation does require a public hearing and we’ll pause as we, before we get to our motions but I think to kind of put it in context we’ll go through the application itself. Mayor Furlong: Thank you. Without objection. Kate Aanenson: Thank you. So summary of the request is amendment to the planned unit development, a subdivision, and preliminary and final plat, site plan approval and vacation of a drainage and utility easement. Again the applicant is Children’s Design Group. The subject site is located just north of Lyman Boulevard, immediately west of 101 and south of 212. This area has land use designation for mixed density which allows for high density residential and neighborhood commercial. Again the neighborhood commercial’s intended to support kind of the surrounding residential needs and commercial uses may include the convenience grocery stores, daycares or those kind of, as I mentioned that meets the daily needs of the neighborhood. As you are aware, this has gone through some different iterations. We did approve back in January of 2005 a concept PUD for this entire property. Some of it was developed. We just talked about the apartments that were up in this area north of 212 and we have some property there that is still undeveloped, and then south of 212 we now have the Southwest Transit Station that has been constructed. So that project again was the PUD concept in 2005. Since that time Kraus-Anderson bought the property immediately to the south on Lyman Boulevard and again would be west of 101. They have built that Kwik Trip there and the rest of it has remained vacant. They did put together, amended that PUD. Made it specific to meet their uses that met their needs to in 2008 we did approve a PUD development contract and then gave preliminary plat approval for all this. I want to step back and th say that the Planning Commission did hold a public hearing on this amendment back on March 6 and they reviewed it and they did recommend approval. I also want to state that for the record that there was a resident that was given incorrect information about the time of the hearing and wasn’t able to attend. Mr. Riese did submit a letter for the record and it is included in the packet but he did state to me that he wouldn’t be able to attend the meeting. I just want to for the record just kind of clarify, summarize 4 or 5 points that he made. Mayor Furlong: Attend this evening’s meeting you’re saying. Kate Aanenson: That’s correct. Could not attend tonight so I just wanted to, I’m not going to read all his letter but I just want to summarize a few points that he made and those included that he felt that the Primrose, the child care center that’s proposed for this site did not, would not serve the diverse economic 11 Chanhassen City Council – March 26, 2012 levels within the existing neighborhood and also that the change to the PUD to accommodate the child care center would reduce the tax revenue originally intended for the site. I’ll go through in a little more detail but there was two proposed uses on the subject site that we’re talking two buildings with square footage there so we’re reducing that and that would be to his third point that we’re going from a 10,000 square foot building here and another 3,000 there, reducing that and he felt that that would have a negative impact on the commercial development. In addition he felt that the parking was inadequate for the use based on what he determined as a level of employees, and I’ll speak to that on our standards as we review that. And then finally he felt that we should be requesting from them that they have financing for the project and that they should submit a commitment letter to the City that they do have that financing in place. So again I wanted to read those for the record and the Planning Commission did, as I stated, recommend approval on this. So the application itself, we did get preliminary plat approval so now we’re amending that because this did have two lots, as I stated. It was approximately 13,000 square feet so this will change the size of that so the two lots will be actually platted, replatted for one lot so that Outlot A now will become just a Lot 1 with it. So this would be the size and configuration of the building itself, which would be the 12,000 so that was the difference there. The original two buildings would go from the 13,000 potentially down to the daycare. The daycare is a permitted use in the district so one of the amendments to the PUD would allow for, it said no larger than 8,000 square foot in any building so this would allow for that amendment to go to the 12,000 square feet. There was some, looking at the design, it went through a lot of iterations of how this could be laid out with keeping, whether the parking should go in the front. One of the issues that the staff had is you know this is a line. All the parking behind for that residential neighborhood. Kind of that, for the visual impact so the applicant was able to put the building to the front. The playground is towards, this is the fenced area so you have that continuous line of fence which will go across that, so they were able to work that out and we appreciate that. It was a lot of work to make that work and therefore you’ll see the one minor variation which needed to be the vacation of that utility easement. Otherwise there’s just the PUD amendment on that. Mayor Furlong: And I’m sorry Ms. Aanenson, and if you’re going to get to this that’s fine. As you’re looking at this picture, where does the current drainage utility easement run through? Kate Aanenson: I have that on the layout. I’ll come to that, yep. Mayor Furlong: Okay, thank you. I’ll defer, thank you. Kate Aanenson: So with that, this is the site plan itself. Again this mirrors what we have on the Kwik Trip site. This is similar materials so you’ve got an elevation looking from the parking lot, which would be on the north side. So you’re looking towards the south, and then you’ve got the two middle slides are actually, well the one on, this one right here is actually looking from Lyman where you’re seeing that fenced area with the playground in front. And this would be again the parking lot. Access to the building and then this is also another perspective, kind of the other side of Lyman looking towards the building so the landscape playground area is towards the front of the building. As I mentioned, this is a replat of that so we’re asking for a preliminary and final plat with this application. Kind of the two step process so Lot 1, the outlot was actually 6.5 so now we’re going for Lot 1 would be 1.76 acres with an outlot of 4.39 acres. Again a majority of that outlot is a wetland. That first iteration I showed you way back in 2005, that originally had apartments on that site when it originally came in. It had about 64 apartments so as the markets changed, so has that use. So with that, this is the location of the drainage easement and I’ll try to show you on the site approximately go back to where that was and maybe that’s what your question is. Actually, I believe it’s right up in here. Along the parking lot area. It’s on that side where it may encroach right on this area where that wetland storm meeting, right in over here. If that answers your question. So in order to accomplish that, that little piece of this blue area there is part of the utility and drainage easement that needs to be vacated and that does require a public hearing. I also wanted to point out in there you have all the Findings of Fact. We also changed in your attachment here is the PUD 12 Chanhassen City Council – March 26, 2012 language so we did modify that so on that ordinance which is page 2 is where we changed it that said a tenant may occupy more than, no more than 10,000 square feet in Building 4G and that’s where we’re changing that to allow up to 12,000 square feet so that’s in and the use is permitted. It’s just moving from maybe internally somewhere else to that site in and of itself combining those two lots to go there so we’re not adding another use to that menu of uses that could go there. So that’s the one change. And the preliminary plat but right here I’d like to stop and let you take any comments on the public hearing and then I’ll kind of go back to what all the motions are to recommend for approval of this project. Mayor Furlong: Can we take questions from council on this at this point? Kate Aanenson: Certainly. Mayor Furlong: With regards to the drainage and utility easement. Kate Aanenson: Certainly. Mayor Furlong: Are there any questions? Typically when we vacate a drainage utility we establish a new one. Is that going to happen here? Kate Aanenson: Yes, with the plat, yeah. Mayor Furlong: Okay so this is really a vacation of one and the plat will establish a new one. Kate Aanenson: Yep and it’s, as in the staff report from engineering it’s on the site is a county storm sewer. It runs the entire length of the site and there’s currently no active use of that site so it shouldn’t be a problem. And the stormwater pond as you recall, let me go back to that. Yeah, go back one more. We’ve got a stormwater pond and so it accommodates that so it shouldn’t be a problem, yeah. Mayor Furlong: Okay. Any other questions with regards to just the drainage utility easements at this point? Yes, Councilwoman Tjornhom? Councilwoman Tjornhom: No. Mayor Furlong: Okay, well at this point then I would open up the public hearing and invite all interested parties to come forward and speak on the matter of the proposed vacation of the drainage and utility easement. Seeing nobody, without objection then we’ll close the public hearing and continue on with staff’s report. Kate Aanenson: Okay. So this is the proposed motion. Again you’re amending the PUD as I stated, and I’ll just reiterate that. You’re recommending the change in the ordinance to allow for a 12,000 square foot building, which is different than the underlying. You’re replatting the one lot from two lots to one, and that would include preliminary and final. You’re giving site plan approval to the Primrose School, the daycare for 12,000 square feet and the architectural which we have building material samples here too. The Planning Commission looked through all those. Again it’s consistent with what we have out there. We’re vacating the drainage and utilities and we’re adopting Findings of Fact and Recommendation so those are all the motions that are required. Mayor Furlong: Thank you. Let’s go to questions for staff on any issues presented before us this evening. Councilman Laufenburger: I do have one Mr. Mayor. 13 Chanhassen City Council – March 26, 2012 Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Kate, can you go to a visual of that entire triangle? Kate Aanenson: Yes. Oops, I’m going the wrong way, sorry. Councilman Laufenburger: Perfect. Kate Aanenson: Oh, did you want just the triangle itself? Councilman Laufenburger: There. Right there. Kate Aanenson: Okay. Councilman Laufenburger: So Outlot A, the designation there, there really isn’t anything else that can be placed there. Kate Aanenson: That’s correct. Councilman Laufenburger: No other opportunity for any other business so essentially the Lot 1, which will be the Children’s Design proposed, that will be the only business present in that entire triangle. Kate Aanenson: That’s correct. Councilman Laufenburger: Okay. Where the original plans called for something else on the north side of Lot 1? Kate Aanenson: Yes. Yes. The original plans that Kraus-Anderson had, actually they intended a deli and a liquor store to go here and if you look at those drawings they had, actually they had Haskell’s and I think Haskell’s got wooed to a different location. Councilman Laufenburger: Sure. Kate Aanenson: That doesn’t mean there can’t be a liquor store somewhere else in there but I don’t think something of that size would go there. And then the other retail was just up here and they had, they had worked really hard to try to market those two sites and Primrose was out looking for other sites in the community for quite a while. Councilman Laufenburger: What is now identified as Lot 1 is no larger or smaller than what was originally planned, is that correct? Kate Aanenson: No, I think the issue there was, the original buildings had actually, one was 10,000 and one was 3,400 so you could have 13,400. The building that’s coming in is at 12,000 so potentially you could have lost some square footage there in two uses. Assuming that they both maximized and came in at that exact footprint. What we did when we approved that and gave preliminary plat approval, they would just, in the subdivision, they would have just had to come in and get a building permit. If they wanted to go bigger than that then they would have had to come in and ask for modifications. Councilman Laufenburger: Okay, thank you Kate. That’s all Mr. Mayor. 14 Chanhassen City Council – March 26, 2012 Mayor Furlong: Okay, thank you. Other questions? Councilwoman Tjornhom: I have a question. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: Usually with a PUD there’s always some give and take and so can you give me a brief synopsis of what we’re benefitting and what they’re getting. Kate Aanenson: Sure. Under the PUD, when we put that together, when we looked at the original proposal and the apartments I think what we did as far as the architectural design there, we certainly got all brick design which is not in our city code so we got a higher level of design, architectural and it’s all unified so all the buildings in there are matching their architectural which I think is a pretty high standard matching that across the street. We also preserved, you know they gave us additional landscape buffer around here with that fence that’s kind of unified throughout in the landscaping theme. That landscaping theme will also match what’s going across on the other side with Southwest Transit so when we originally gave this PUD we were able to balance the hard cover within each project so there’s a, they were able to do that but we also got a much higher level of architectural standard and design. I didn’t show the sign but there’s a uniformed sign package out there and so they’re all abiding by that. Councilwoman Tjornhom: Okay. Mayor Furlong: Okay, anything else? Councilwoman Tjornhom: That’s it. Mayor Furlong: Other questions? Councilwoman Ernst, anything? Ms. Aanenson in terms of the wetland that’s pictured here on this graphic, is that a wetland that requires any special setbacks at all? Kate Aanenson: Yep. Mayor Furlong: And does the building. Kate Aanenson: The building, yeah I’m sorry. Mayor Furlong: Does this proposal meet any setbacks? Kate Aanenson: Yes, it does meet all the standards of the zoning district and so there will be a small retaining wall with some of the parking lot but it does meet all the standards of the city ordinance. Mayor Furlong: Okay. And then with regard to the parking, and this gets back to the question raised in the comment letter this evening, there was a difference in terms of the number of stalls that might be required for Mr. Riese and can you speak to that? Is it just a different interpretation of or, not interpretation but, is it just which part of the code applies? Kate Aanenson: Yeah, thank you for that clarification. The City does in their parking standards, and this is the same standard we’d apply to every daycare, is that our ordinance requires 1 parking space per 6 students. You can have a lot of numbers, you can have a high number, level of employees but that doesn’t mean they’re full time equivalents so you kind of try to balance that out so we base our’s on the building capacity, which they get a license from the State and that building capacity is 182 students so we translate that into 31 stalls is what they’re required and they’re actually providing 48 so it exceeds what 15 Chanhassen City Council – March 26, 2012 we’d say is a minimum. And if there’s a special activity at that, on a certain night they do have the opportunity to do shared parking with some of those uses. They do have cross access agreement. Mayor Furlong: And I guess that’s, now you’re leading into my next question. As part of the PUD, as we can see in this picture to the east, there’s substantial parking that would support the buildings over on the other side of the road to the east. Is there shared and reciprocal parking throughout the development? Kate Aanenson: That was the intent of the PUD is to provide cross access agreement as there may be opportunities at certain times where someone’s having a major event and they need some shared parking and that would work. Mayor Furlong: Okay, but that does exist within the PUD and that’s part of the requirements here? Kate Aanenson: Yes. Yes. They will own this lot but there was cross access agreements, yes. Mayor Furlong: Okay, and that would be true if on off hours somebody wanted to use their parking lot, another tenant on the other side? Okay. And then, okay. Thank you. That’s all the questions I have at this time. And let me see, we did have a public hearing at the Planning Commission so at this point I would ask if there are any comments or discussion. Kate Aanenson: There is somebody here representing Primrose if you had any questions too. I’m not sure. Mayor Furlong: Thank you. I missed that. The applicant, please. Thank you Ms. Aanenson. Thought I had missed something and it was you. Michael Thedieck: Good evening. My name is Michael Thedieck. I live at 2676 Whitehurst Road, Deland, Florida. I represent Children’s Design Group. We just want to say thank you, thanks to the staff for working with us. This isn’t a standard building for us but we worked out way through it and are very happy with the results for it. I think it’s going to be a good project for everybody. Mayor Furlong: Okay, very good. Thank you. Kate Aanenson: I would just like to thank Sharmeen Al-Jaff who did a good job of pushing a little bit to get a really nice building down there and I think they, we worked really well together. It’s a nice building. Mayor Furlong: Very good, thank you. Any discussion? Comments? Councilman Laufenburger: I like to see growth. Mayor Furlong: And that’s where I was going to start. It’s always nice to see businesses wanting to invest in the city of Chanhassen and especially with the economy as it has been and continues to be in some areas for businesses to choose to make their investment here in town is something we should be thankful for and are thankful for and grateful for. I do want to also thank city staff and the applicant for working together as they have to get this here. I know that or I understand there have been many meetings and discussions but from everything that I’ve seen, it looks like a very nice looking building and we certainly wish the Primrose business all the success in the world here in Chanhassen so with that we have a number of issues before us that without objection I think we can take in a single motion. Would anybody like to make a motion? 16 Chanhassen City Council – March 26, 2012 Councilwoman Ernst: Mr. Mayor I’ll make the motion. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion that City Council approve Planned Unit Development Amendment, Preliminary and Final Plat, the Site Plan approval, vacation of drainage and utility easement and adoption of Findings of Fact and Recommendation as stated in the staff reports dated March 26, 2012. Mayor Furlong: Okay. Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Thank you. Motion’s been made and seconded. Any discussion on the motion? Hearing none, we’ll proceed with the vote. Resolution #2012-19: Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council adopts a resolution approving the vacation of drainage and utility easements on Outlot A, Crossroads of Chanhassen as shown on the attached survey prepared by Westwood Professional Services, Inc. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves the Planned Unit Development amendment in the attached ordinance for Chanhassen Gateway clarifying building size as shown below (amendments are shown in bold), and including the attached Findings of Fact and Recommendation: CHANHASSEN GATEWAY PUD DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a MIXED USE PUD including a Neighborhood Commercial, office and Residential. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive development. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. The Neighborhood Business District regulations shall apply to Lots 1-3, Block 1 and Outlot A, Crossroads of Chanhassen , except as modified by this ordinance. The R-16 District , as revised regulations shall apply to Outlot C, except as modified by this ordinance.Exhibit A herein to reflect the changes to the commercial portion, reflects the site layout and buildings as referenced herein. 17 Chanhassen City Council – March 26, 2012 b. Permitted Uses  The permitted uses in this zone should be limited to appropriate commercial and service uses consistent with meeting the daily needs of the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Community Development Director shall make that interpretation. The type of uses to be provided on these lots shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Commercial and office uses shall be limited to the area located south of Highway 212. Residential uses shall be located north of Highway 212 and along the western portion of the southern half.  Small to medium-sized restaurant-not to exceed 8,000 square feet per building (no drive-thru windows except drive-thru windows are allowed for tenants whose primary use is the sale of coffee. The drive-thru lane shall be screened and the exterior wall of the drive-thru shall contain the same level of architectural detail as any other elevation visible by the public.  Banks with a drive-in service window  Office  Day care  Neighborhood scale commercial up to 8,000 square feet per tenant with the exception of and building building 4C. A tenant may occupy up to 10,000 square feet of said building 4G for a daycare to occupy 12,000 square feet . No individual service component of a retail building shall occupy more than 8,000 square feet of a building.  Convenience store with or without gas pumps and car wash.  Specialty retail (Book Store, Jewelry, Sporting Goods Sale/Rental, Retail Sales, Retail Shops, Apparel Sales, etc.) 18 Chanhassen City Council – March 26, 2012  Personal Services (an establishment or place of business primarily engaged in providing individual services generally related to personal needs, such as a Tailor Shop, Shoe Repair, Self-Service Laundry, Laundry Pick-up Station, Dry Cleaning, Dance Studios, etc).  Residential High Density (8-16 units per net acre). The total number of units for the entire site may not exceed 150 units. c. Building Area  Commercial/Office – Not to exceed 75,000 square feet for the entire development  Maximum Commercial/Office lot usage is a Floor Area Ratio of 0.3  Maximum office/commercial building area per tenant may not exceed 8,000 square feet  Maximum residential units may not exceed 150 units. d. Prohibited Ancillary Uses  Drive-thru Windows except banks, coffee shops or pharmacies.  Outdoor storage and display of merchandise such as propane, salt, window washer fluid, etc. except on the sidewalk surrounding the convenience store 4A. The outdoor display of merchandise shall not impede nor interfere with pedestrian traffic. e. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Building/ Parking Boundary Setbacks (feet) Lyman Boulevard 20/20 Highway 101 North of Highway 312 50/50 Highway 101 South of Highway 312 20/20 Highway 312 50/50 Northerly Project Property Line 50/20 Westerly Project Property Line 50/20 Internal Project property lines 0/0 Internal Right-of-Way (Crossroads Boulevard) 20/20 Hard Surface Coverage-Residential 50 % Commercial and Office Hard Surface Coverage 70 % Maximum Commercial (Retail) Building/Structure Height 1 story Maximum Office Building/Structure Height 2 stories 35 or 3 stories, Maximum Residential Building/Structure Height whichever is less f. Non-Residential Building Materials and Design There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly equal treatment and visual qualities. Buildings and site design shall comply with design standards outlined in Article XXIII. General Supplemental Regulations, Division 7 of the Zoning Ordinance. 19 Chanhassen City Council – March 26, 2012 g. Residential Standards Buildings and site design shall comply with design standards outlined in Article XXIII. General Supplemental Regulations, Division 9 of the Zoning Ordinance. 1. All units shall have access onto an interior private street. 2. A design palette shall be approved for the entire project. The palette shall include colors for siding, shakes, shutters, shingles, brick, stone, etc. 3. All foundation walls shall be screened by landscaping or retaining walls. h. Site Landscaping and Screening The intent of this section is to improve the appearance of vehicular use areas and property abutting public rights-of-way; to require buffering between different land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare. 1. The landscaping standards shall provide for screening for visual impacts associated with a given use, including but not limited to, truck loading areas, trash storage, parking lots, Large unadorned building massing, etc. 2. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. 3. All open spaces and non-parking lot surfaces, except for plaza areas, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in pedestrian areas and plazas. 4. Undulating berms, north of Lyman Boulevard, north and south of Highway 312 and west of Highway 101 shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. 5. Loading areas shall be screened from public right-of-ways. Wing walls may be required where deemed appropriate. 6. Native species shall be incorporated into site landscaping, whenever possible. i. Street Furnishings Benches, kiosks, trash receptacles, planters and other street furnishings should be of design and materials consistent with the character of the area. Wherever possible, street furnishings should be consolidated to avoid visual clutter and facilitate pedestrian movement. j. Signage 20 Chanhassen City Council – March 26, 2012 The intent of this section is to establish an effective means of communication in the development, maintain and enhance the aesthetic environment and the business’s ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: a. Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service; b. Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; c. Ensure that signs do not create safety hazards; d. Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; e. Preserve and protect property values; f. Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures; g. Limit temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right-of-way intersections. j.1. Project Identification Sign One project identification sign for the commercial portion of the development located at the entrance off of Highway 101. Project identification signs shall not exceed 80square feet in sign display area nor be greater than eight feet in height. The sign shall be setback a minimum of 10 feet from the property line. As an alternative, the project identification sign may be located at the southeast corner of Lot 2, Block 1. If the sign is located in the right-of-way, an encroachment agreement must be obtained. Otherwise, the sign must maintain a 10 foot setback from property lines and may not exceed 24 square feet nor be higher than 5 feet. j.2. Monument Sign One monument sign shall be permitted at the entrance to the development off of Lake Susan Drive. One monument sign per lot shall be permitted for the commercial portion of the site. One multi-tenant sign shall be permitted at the entrance into the development off of Highway 101 and two signs off of Lyman Boulevard. These signs shall not exceed 24 square feet in sign display area nor be greater than 5 feet in height except Kwik Trip, located on Lot 1, Block 1, shall be permitted a 48 square-foot, 8-foot high monument sign. These signs must comply with all ordinances pertaining to size and percent of sign area dedicated to gas prices as well as any other 21 Chanhassen City Council – March 26, 2012 applicable regulations.These signs shall be set back a minimum of 10 feet from the property line. j.3. Wall Signs a. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend above parapet height. The letters and logos shall be restricted to a maximum of 30 inches in height. All individual letters and logos comprising each sign shall be constructed of wood, metal, ortranslucent facing. b. Second story illuminated signs that can be viewed from neighborhoods outside the PUD site, are prohibited. c. Tenant signage shall consist of store identification only. Copy is restricted to the tenant’s proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. d. Wall signs are limited to two elevations per building. j.4. Festive Flags/Banners a. Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. b. Flags and banners shall be constructed of fabric or vinyl. c. Banners shall not contain advertising for individual users, businesses, services, or products. d. Flags and banners shall project from buildings a maximum of two feet. e. Flags and banners shall have a maximum area of 10 square feet. f. Flags and banners which are torn or excessively worn shall be removed at the request of the city. j.5. Building Directory a. In multi-tenant buildings, one building directory sign may be permitted. The directory sign shall not exceed eight square feet. j.6 Directional Signs a. On-premises signs shall not be larger than four (4) square feet. The maximum height of the sign shall not exceed five (5) feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. No more than four (4) signs shall be allowed per lot. The city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. 22 Chanhassen City Council – March 26, 2012 b. Off-premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be no larger than what is needed to effectively view the sign from the roadway and shall be approved by the city council. c. Bench signs are prohibited except at transit stops as authorized by the local transit authority. d. Signs and Graphics. Wherever possible, traffic control, directional and other public signs should be consolidated and grouped with other street fixtures and furnishings to reduce visual clutter and to facilitate vehicular and pedestrian movement. A system of directional signs should also be established to direct traffic within the commercial area and away from residential areas. j.7.Prohibited Signs  Pylon signs are prohibited.  Back lit awnings are prohibited.  Window Signs are prohibited except for company logo/symbol and not the name. Such logo shall not exceed 10% of a window area.  Menu Signs are prohibited. j.8. Sign Design and Permit Requirements a. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. b. All signs require a separate sign permit. c. Wall business signs shall comply with the city’s sign ordinance for the Neighborhood business district for determination of maximum sign area. Wall signs may be permitted on the “street” front and primary parking lot front of each building. k. Lighting 1. Lighting for the interior of the development shall be consistent throughout the development. High pressure sodium vapor lamps or LEDwith decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot areas.Parking lot light poles may not exceed 25 feet in height. 2. Light fixtures in areas other than parking lots should be kept to a pedestrian scale (12 to 18 feet). Street light fixtures should accommodate vertical banners for use in identifying the commercial area. 3. All light fixtures shall be shielded. Light level for site lighting shall be no more than ½ foot candle at the project perimeter property line. This does not apply to street lighting. 23 Chanhassen City Council – March 26, 2012 4. Lighting for parking areas shall minimize the use of lights on pole standards in the parking area. Rather, emphasis should be placed on building lights and poles located in close proximity to buildings. l. Non-Residential Parking 1. Parking shall be provided based on the shared use of parking areas whenever possible. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. 2. The development shall be treated as an integrated shopping center and provide a minimum of one space per 200 square feet of commercial/retail area. The office/personal service component shall be treated as an integrated office building and provide 4.5 space per 1,000 square feet for the first 49,999 square feet, four per thousand square feet for the second 50,000 square feet, and 3.5 per thousand square feet thereafter. m. Residential Parking shall comply with city code requirements.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. Resolution #2012-20: Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves the preliminary and final plat for Planning Case 12-02 for Crossroads of nd Chanhassen 2 Addition as shown in plans dated received February 3, 2012, and including the attached Findings of Fact and Recommendation, subject to the following conditions: 1. Full park fees in lieu of parkland dedication shall be collected in full at the rate in force upon final plat submission and approval. 2.Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat. The fee will be based on the commercial rate of $3,600 per acre. Total due will be $3,600/acre x 1.76 acres = $6,336.00. 3.All outstanding assessments must be paid prior to final plat. Remaining Trunk Highway 101/Lyman Boulevard assessments are approximately $3,004. 4. Storm water connection fees will be collected with the final plat. The fees are calculated based upon an area of 1.76 acres as indicated in the Site Plan. Water quality fees were calculated to be 1.76 acres multiplied by $19,730.00/acre. This is equal to $34,724.80. Water quantity fees were calculated to be 1.76 acres multiplied by $7,650.00/acre. This is equal to $13,464.00. A credit is applied to the water quality fee based upon the total acreage treated to NURP recommendations and any skimmer type structures installed. As the entire lot is to be treated in the NURP basin north of the site the credit is 1.76 acres multiplied by one-half of the Water Quality fee, or 1.76 acres multiplied by $9,865.00/acre. This is a credit of $17,362.40. Based upon these calculations, $30,826.40 is due at the time the final plat is recorded. 5.The City sidewalk is located on the property of this proposed development. This sidewalk will need to be covered by an easement for access and maintenance by the City. 24 Chanhassen City Council – March 26, 2012 6.All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a site plan agreement with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies will be required, including the MPCA, Carver County, and MnDOT. 7.The proposed storm sewer, draintile, and service connections within the property are private and must be maintained by the owner. 8.Revise the storm water calculations/plans so that they correlate. Runoff rates must be less than or equal to the rates approved with the Crossroads of Chanhassen subdivision. Provide explanation of volume calculations of ponding in turf area. Show size of areas on drainage maps.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves the site plan consisting of a 12,000 square-foot daycare (Building 4G), Planning Case 12-02 for Primrose School of Chanhassen as shown in plans dated received February 3, 2012, and including the attached Findings of Fact and Recommendation, subject to the following conditions: 1. All existing boulevard trees along the east property line must be protected during construction or replaced after construction. They shall be incorporated into the landscape plan. 2. Due to existing soil conditions that are mostly clay with an alkaline tendency, staff recommends that the red maple selection be changed to a sugar or freeman maple variety in order to insure long-term survivability. 3.Revise the storm water calculations/plans so that they correlate. Runoff rates must be less than or equal to the rates approved with the Crossroads of Chanhassen subdivision. Provide explanation of volume calculations of ponding in turf area. Show size of areas on drainage maps. 4.A permit is required from the appropriate agency for any offsite grading. Currently the plans show grading in the county right of way which would require a permit from Carver County. 5.If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 6.A fence shall be installed above the proposed retaining wall in any area where the vertical separation exceeds 4’ in height. 7.Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 25 Chanhassen City Council – March 26, 2012 8.The additional sanitary sewer service which is not being utilized must be sealed at the mainline. 9.The proposed storm sewer, draintile, and service connections within the property are private and must be maintained by the owner. 10.Each new building is subject to sanitary sewer and water hookup charges. The 2012 trunk hookup charge is $2,107 for sanitary sewer and $5,717 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 11.A Stormwater Pollution Prevention Plan must be submitted to the City for review and approval. 12. Silt fence shall be standard machine sliced or heavy duty per Section 3886 of MnDOT Standards and Specification Manual for Construction in all areas with a positive gradient towards waters of the state. Chanhassen standard detail plates shall be included in the construction details of the plan set. These will include, at a minimum, Plate No. 3107, 5300, 5301, 5302 and 5302A. 13. Sheet C5.01 B shall include the specifics of stabilization for the disturbed areas adjacent to the pond including the pipe, inlet, outlet and ingress and egress. MnDOT seed mix 100 or 110 are unacceptable as permanent cover crops and must be changed to a seed mix more appropriate to duration and site conditions. Further, MnDOT and BWSR have compiled new seed mixtures and these shall be consulted. 14. The X-Grass areas are considered impervious and should be calculated as such. The table on Sheet No. C5.01 B shall be revised to indicate this. The line item POST-CONSTRUCTION IMPERVIOUS shall read 1.28 AC±. This is the number that shall be used to calculate total hardcover on the entire Crossroads of Chanhassen PUD development. 15. Encroachment agreements are needed for any structure located in the drainage and utility easements. This includes but is not limited to the entrance monument, light poles, playground equipment, artificial turf, and fence, located in drainage and utility easements. 16.Upon completion, the applicant shall submit a set of “as-built” plans signed by a professional engineer. 17.All of the maintenance for landscaping, and irrigation within the City right of way must be maintained by the developer. 18.The applicant shall work with staff on minor plan modifications. 19. A wetland buffer 16.5 feet in width and a 30-foot setback from the wetland buffer must be maintained around Wetland 1. Secondary structures are allowed to encroach up to 50% of the setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 26 Chanhassen City Council – March 26, 2012 20. Fire Marshal Conditions: a. “No parking, fire lane” signs will be required along with yellow painted curbing. Contact Chanhassen Fire Marshal for details. 21. Building Official Conditions: a. The building(s) are required to have automatic fire extinguishing systems. b. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. d. Fenced “play” areas must be provided with approved exiting systems. e. Detailed occupancy and accessibility related requirements will be addressed when complete building plans are submitted. f. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 22. All rooftop and ground equipment must be screened from views. 23. Approval of the site plan applications is contingent upon approval of the final plat and the PUD amendment – Planning Case 2012-01. 24. The monument sign may not exceed 24 square feet in area nor be higher than 5 feet. The sign shall be located 10 feet from the property line. 25. Sign illumination and design shall comply with ordinance. 26. Approval of the site plan is contingent upon vacation of drainage and utility easement. 27. The fence may not exceed six and one-half feet in height. 28. The exterior material for the trash enclosure must be of the same exterior material as the building. Recycling space and other solid waste collection space should be contained within the same enclosure. 29. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days 27 Chanhassen City Council – March 26, 2012 These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or manmade systems that discharge to a surface water.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPOINTMENTS TO PLANNING, PARK AND RECREATION AND SENIOR COMMISSIONS. Mayor Furlong: Over the last several meetings and again this evening the City Council’s had the pleasure of interviewing a number of citizens who have expressed interest in serving on our 4 city commissions. These commissions are made up of volunteers. Citizen volunteers who give of their time and talent to serve all of us and as a representative of the council we all appreciate their service. The four commissions that serve the City Council are the Planning Commission, Park and Rec, Senior Commission and Environmental Commission. Because of some scheduling issues we have not completed our interviews for the Environmental Commission candidates at this point. We will complete those at our next meeting, our first meeting in April and likely will make appointments there for the Environmental Commission at that time. But this evening we’d like to make appointments to the other 3 commissions and I’ll start off by making the comments that these are always challenging decisions because we often have more people, qualified people for the positions than we have positions available and so regardless of the outcome here for the people involved I want to express my sincere thanks, and I know I’m speaking for the council, for their interest in being involved and for their desire to serve all of us. With regard to the open commissions, for the Planning Commission we have 3 positions that are available. Open. Two of the commissions, or two of the positions are for 3 year terms and one is for a 1 year term to fill the vacancy of an outgoing commission member. Also for the park and rec commission we have two 3 year positions that are available, or vacant beginning next month and on the Senior Commission we will have three 3 year positions. I would propose to council and I will place a recommendation the following individuals for the respective commissions and terms. For the Planning Commission would nominate Lisa Hokkanen and Kelsey Nelson for 3 year terms each and Bill Colopoulos, excuse me Bill, for a one year term. For the Park and Rec Commission we propose to appoint Elise Ryan for the 3 year term and for the Senior Commission we would nominate Barbara Nelson, Dorina Tripton and. Todd Gerhardt: Nevin. Councilman Laufenburger: Barbara Nevin. Mayor Furlong: I’m sorry, Barbara Nevin. Did I say Nelson? I apologize. Thank you for correcting me. Barbara Nevin, Dorina Tripton and Camille Swanson for each for a 3 year term on the Senior Commission. That would be the nomination. I would ask for a second. Councilman Laufenburger: Second. Mayor Furlong: Motion’s been seconded. Nominations have been seconded. Any discussion on any of the process or the nominees. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Yeah, it’s always a joy for me to meet the people who are interested in serving the community. I’m especially proud that there are 5 new folks that are going to be serving on 28