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CC Minutes 11-25-2013Chanhassen City Council – November 25, 2013 we can either table this or just, do we need to take action in the form of tabling or is the direction just back to, based on comments tonight, bring it back at a future meeting? Todd Gerhardt: I think we got clear direction from the council. I don’t think you need to have a formal motion on it and we’ll work with the neighborhood and bring back a final plan. Mayor Furlong: Okay. Very good. Thank you everybody. Appreciate your involvement and we’ll look forward to seeing the final plan back. I hope and expect within the first quarter of next year. Let’s move on to the next item under our agenda this evening. CHANHASSEN GREAT PLAINS CENTER, 7905 GREAT PLAINS BOULEVARD: SITE PLAN REVIEW FOR A 10,500 SQ. FT. SINGLE LEVEL RETAIL CENTER, APPLICANT: NHH CHANHASSEN PARTNERS, LLC/OWNER: CAMELOT CONVENIENCE QUALITY FUEL AND FOODS. Kate Aanenson: Thank you. The Great Plains Center project case did appear before the Planning th Commission at their November 5 meeting. Also at that meeting the Planning Commission supported the project 5 to 0. Really had no concerns. They were very excited to see the project and was very supportive of it. So again the site location is the old British Petroleum gas station there. Again. Mayor Furlong: Can you switch? Kate Aanenson: I’m sorry. Mayor Furlong: Those are pretty bricks and I’m sure we’ll talk about them soon. Kate Aanenson: Yeah, 7905 Great Plains Boulevard. Yeah. Yeah. Mayor Furlong: Okay, here we go. Kate Aanenson: So this is the British Petroleum gas station. Mayor Furlong: Thank you. Kate Aanenson: The gas station itself goes back a number of years. Actually probably been there about 25 years. Changed different types of uses but it’s been there long term and made some modifications to it but the site itself is on the, bordered on the north by a car wash, the Valvoline and then you’ve got the Master Collision and the Hanus building also on that northern side. Then you’ve got auto repair and a Holiday across the street so this is in our Business Highway zoning district so it is a permitted use in the thth zoning district. On April 9, this wasn’t in your staff report but on May 9 of 2011 there was an approval for a C-store at this gas station so the pumps, but that was never final. Or it was final but it was never recorded so it has no legal standing but it was difficult for that project to advance forward. A lot of people had tried different things so it never went to fruition. That also included a double car wash besides a C-store. So for the existing conditions, the current access is off of Great Plains Boulevard right here. This intersection here, when we were first approached by the user was a little bit of concern just based on the sight lines and the amount of traffic as you come off of Highway 5 accelerating up onto a single lane there on Great Plains. So again current access, you have two way directional. A little bit wider than we would normally see on that site. Again I mentioned that the land use and the zoning is consistent for this project to go forward. Highway Business and again it’s going to replace one retail for another type of retail. So the proposal summary, 10,443 square foot of a multi-tenant single story building. Again it’s a permitted use in the zoning district. There’s an existing trail along Highway 5. We’re including new 24 Chanhassen City Council – November 25, 2013 sidewalks that would wrap the entire building and then picking up a connection that would extend to the north. The location of the driveway then has been narrowed and then a decel lane has been added again because you’ve got accelerating traffic coming up onto Great Plains. This gives people that want to take the right turn in a place to maneuver over. The parking itself is all on the back of the building so the front of the building does face Highway 5. In working with the owner of the building, a lot of care was given to the appearance of this building as a gateway to the community and having that be what you see first is the nice architecture of the building and not the parking itself. One of the areas that we do want to make sure gets accommodated is additional screening of this parking because they’re meeting, they’re parking closer. It is permitted as long as it’s completely screened so that needs to be accommodated. So a new, we talked about the turn lane. So this is a big improvement. We went back and looked at that one after looking at the turn movements and how the site would be utilized. Because of the uses and how this is laid out there wouldn’t be a drive thru or anything. That would not be permitted in this type of a building. Just did not have enough parking for that to be accommodated. Again there’s no direct access off of Highway 5. This is the architectural rendering of the building. As I illustratively showed you already, the wonderful bricks. Mayor Furlong: Oh we have bricks. Kate Aanenson: Yeah we’ll show that again. I’ll zoom it out a little bit here. You can just leave it just like that and I’ll zoom it out. We’ll pick it up here. So it’s really nice materials on the building. Again really nice presence. That entrance or that feature there as the gateway on all the parking then screen behind. Again more details of the architecture itself. So all elevations have equal attention which is what we have in the Highway 5 corridor and again that has a pronounced entrance that utilizes double, durable excuse me, exterior materials and has a lot of articulation in the building and we think it’s a really well designed and a nice sensitive to the kind of surrounding uses. Again really nice entrance statement into the city. So with that the Planning Commission and the staff is recommending approval of the project with the conditions in the staff report and I’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff? Councilwoman Tjornhom. Councilwoman Tjornhom: Are there any uses that are not permitted with this building? Kate Aanenson: Well fast food, a drive thru. You could put something in there if you could accommodate the parking. There’s only 48 parking, 45 parking stalls and so, 52 is what they have on there so that’s what’s going to drive the number of uses. That mix. So you may have some that have different peak hours but you know so we’re looking at that as a, actually we’re going to be meeting there shortly, tomorrow to talk about the tenant mix. Sounds like you have it leased up so we’ll be looking through that mix, kind of picking and making sure that we’ve got that right mix. Again we leave that up to the owner of the building to make sure that they’re managing it properly. That their tenants are happy that they can get adequate parking so that’s how we’ll review that so. Councilwoman Tjornhom: What is the parking lot size of the Chipotle building? Kate Aanenson: That one actually, they share. Councilwoman Tjornhom: Buffalo Wild Wings. Kate Aanenson: You have Buffalo Wild Wings and then you have the tire store so all three of those uses, and they have different peaks so this would have, this is not going to have restaurants in there so that wasn’t the intent when it was really proposed based on the parking. You know we looked at this ultimately, if this piece were to develop, any of these properties to the north were to be redeveloped, 25 Chanhassen City Council – November 25, 2013 which is a potential, then there is a potential for access then to go to the north and then connect onto the street that we have the water treatment plant so that would give better circulation to the site and that is also a long term goal that could happen too. Mayor Furlong: Is that a current condition of this site or I mean this site… Kate Aanenson: No, we’ve talked to the developer has talked to the adjacent property owners. Mayor Furlong: Okay. Kate Aanenson: So what are we to say, that’s something long term wise. If someone was to come in and protest that we would come back to them and say to maybe try to connect them or if someone else was, they were to develop. Mayor Furlong: Okay. Alright. Thank you. Councilwoman Tjornhom, any more questions at this time? Councilwoman Tjornhom: That’s it. Mayor Furlong: Mr. McDonald? Councilman McDonald: Current site’s got a gas station on it. Are there any concerns about the gas tanks that are in there or what are we doing to make sure that there is no ground pollution? Kate Aanenson: They will have to do that, to provide, the State does require that too so there is a condition on that. That they have to make sure that those are met by the MPCA. So the building inspectors will also verify that too. Councilman McDonald: Okay. Kate Aanenson: Pollution Control Agency. Mayor Furlong: Other questions? Mr. Laufenburger. Councilman Laufenburger: Right. Kate the car wash stays, is that correct? Kate Aanenson: The car wash to the north? Councilman Laufenburger: Yeah. Kate Aanenson: At this time, correct. Councilman Laufenburger: Okay. Kate Aanenson: As is the Valvoline to the north. Councilman Laufenburger: Okay. Mayor Furlong: Aren’t there two car washes there? On this property as well as the property to the north. Councilman Laufenburger: Yeah, the car wash on the BP property now, that will go away. 26 Chanhassen City Council – November 25, 2013 Kate Aanenson: That’s correct. Councilman Laufenburger: But the one, the building that is just like 30 feet to the north. Mayor Furlong: On the property to the north, yes. Councilman Laufenburger: Yeah, to the north. Mayor Furlong: There it is. Councilman Laufenburger: There it is. Kate Aanenson: This one will stay but if you look at how this is right now, I mean it just lends to, there’s a change in grade. This is dropping down onto their property so. Councilman Laufenburger: Yeah. Kate Aanenson: There is a change in grade and there’s, the car wash here but if you look at a single car, they have a car wash right now so that is going away but if you look in long term, because you’ve got this access point here, you have conflicting turn movements. Not the best situation so we would like to rectify that and then just have these two properties connected at some time in the future if we can work with both properties. Todd Gerhardt: Kate on the site plan, is that sidewalk all the way around the building? Kate Aanenson: Yes. Todd Gerhardt: So the brown is concrete? Kate Aanenson: Correct. Todd Gerhardt: So if anybody needs an example of somebody’s concrete work, the railroad depot has a sidewalk around it and there’s not a single crack in that. So anybody to the left of you that may have done that. Not a single crack in it. Kate Aanenson: We think it’s nice too. It connects, you know it really connects for people that may be on Highway 5 biking and allows them to come in and utilize that too and then you’ve kind of got an outdoor seating area too and that’s, it’s a nice entrance feature. Mayor Furlong: So outdoor seating, does that imply that there will be a restaurant out there? Kate Aanenson: No, but you can still, I mean you can still have just a seating area. Mayor Furlong: Okay. I noticed with the elevations of the building, if you can bring those back up as well, and that one and then. Kate Aanenson: I’m sorry, this one? Mayor Furlong: That one there too. There are a number of places along there where the word signage is included and I’m sure because it’s a multi-tenant building they’re looking for that. Is the developer aware of the signage ordinances and are there any specific ordinances that we have? 27 Chanhassen City Council – November 25, 2013 Kate Aanenson: Yeah. Mayor Furlong: Do you have any concern from what you’ve seen in terms of their ability to put up the signage that they’re expecting to? Kate Aanenson: No. Actually they’ve got a couple projects in Edina and St. Louis Park that we’ve, I’ve seen. Mayor Furlong: Okay. Kate Aanenson: Very highly articulated and. Mayor Furlong: Okay. Kate Aanenson: So we have a lot of confidence in how they’re moving that forward. In our meetings with them been very, very pleased. Mayor Furlong: Okay, and that’s fine. Businesses need to let people know where they are. At the same time we have to make sure that we’re treating everybody fairly and that the expectations are reasonable. Okay, thank you. Any other questions for staff at this time? Anything from the applicant? If you’d like to introduce yourself at least. Dean Devolos: Good evening council and Mayor. Dean Devolos, DJ Architecture. 333 Washington Avenue North, Minneapolis, Minnesota. Also serving as a project developer. We’re excited to be here in Chanhassen look for the opportunity really to try to do a corner building and help enhance the street and tie into the trail system which I think will really make a nice gateway, a nice entrance to Chanhassen. Really work the retail on both sides to really give that presence and hope this is a first move in which other parcels may eventually redevelop over time to sort of start to strengthen and develop a great th downtown you’ve already begun with. This one I showed here was one in Edina at 70 and France. And France Avenue is similar to you know Highway 5 in terms of traffic and everyone sort of looked at this saying are you kidding? You want a street front building but this filled immediately with tenants has been very successful and the City’s very happy so learning from this and seeing that the marketplace will only accept these kind of buildings on a corner that are pedestrian connected. This is really the same approach we’re bringing here to Chanhassen. The good news is we have more tenants than building. I’m meeting with Kate to sort through those and pick the best ones that work for the city and there’s a few even restaurateurs but we’ll what works with the parking ratios to come up with the best mix for it so that will be the next step I’ll be taking so thank you very much for your support and enthusiasm for this. Mayor Furlong: Very good, thank you. Any questions for Mr. Devolos? No? Very good, thank you. With that I’ll bring it back to council for thoughts and comments. Councilwoman Tjornhom. Councilwoman Tjornhom: Sounds like a start. I think it will be a fantastic project. I’m glad you’re in Chanhassen and I look forward to seeing who’s coming to town to be in that building. Dean Devolos: Thank you. Mayor Furlong: Anything else? I mean it’s. 28 Chanhassen City Council – November 25, 2013 Councilman McDonald: I mean it looks as though it’s going to be a good project. It will definitely change that corner. Look forward to see what happens there so I wish you a lot of luck and yeah, I too am interested in you know what kind of new businesses can you bring to the city. So I will support this. Mayor Furlong: Thank you. Councilwoman Ernst, comments. Councilwoman Ernst: Sure. I think it’s a great architectural design and a great project and welcome to Chanhassen. You know I definitely will support the project. Mayor Furlong: Thank you. Any other comments? Councilman Laufenburger: I think it was stated very well that this is a visual welcome to Chanhassen from the east and it looks like it’s going to be a great welcome so. Mayor Furlong: I agree. I’m looking forward to it. Welcome. Thank you. Thank you for working with Ms. Aanenson and her staff. Kate Aanenson: Again another fine job done by Sharmeen Al-Jaff. Mayor Furlong: Okay. Always good to hear that but I appreciate all your work and looking forward to seeing you here so we’re, these are the types of develops that everybody gets excited about so, which is good. With that anybody like to make a motion? Councilwoman Tjornhom? Councilwoman Tjornhom: Sure. I’d like to make a motion that the City of, that the Chanhassen City Council approves a site plan for the construction of a 10,443 square foot single level retail center on 1.13 acres of property zoned Highway and Business Services District and located at 7905 Great Plains Boulevard, BP Gas Station site, and adoption of the attached Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Any discussion on the motion? Hearing none we’ll proceed with the vote. City Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the Chanhassen Council approve the site plan consisting of a 10,443 square-foot multi-tenant building, Planning Case 2013-23 as shown in plans dated received October 4, 2013, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Environmental Resource Conditions: 1.The applicant shall install a total of two peninsulas in the parking lot. 2.The south side of the parking lot along Highway 5 must be screened. The applicant shall add shrubs with a minimum mature height of three feet along the south parking lot perimeter. 3.The applicant shall install the required bufferyard plantings along the south property line. 4.The applicant shall install two evergreens on the eastern corner of the property. 29 Chanhassen City Council – November 25, 2013 5.The applicant shall remove the existing ash tree along Great Plains Boulevard and replace it with an overstory tree species from the Approved Tree List. Building Official Conditions: 1.The proposed structure is required to have an automatic fire extinguishing system (MN Rule 1306). 2.All plans must be prepared and signed by design professionals licensed in the State of Minnesota. A geotechnical (soil evaluation) report required. 3.Detailed building code-related requirements have not been reviewed; this will take place when complete structural/architectural plans are submitted. 4.Demolition permit required (contact MPCA regarding underground, fuel storage tanks removal requirements). 5.The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Fire Marshal Conditions: 1.An additional on-site fire hydrant will be required. Location to be on the north/west corner of the building. If necessary contact Fire Marshal for exact location. 2.Yellow painted curbing will be required. Areas include but not limited to are the curbing north of the building. Contact Fire Marshal for exact location. Also “ No Parking Fire Lane” signs will be required where yellow cubing is present. 3.A three-foot clear space must be maintained around fire hydrant. Engineering Conditions: 1.The sidewalk must be minimum five feet from the edge Great Plains Boulevard and the right turn lane. 2.A sidewalk easement is required over any portion of the sidewalk that does not lie within public right-of-way. 3.The sidewalk easement shall extend five feet beyond the edge of the sidewalk. 4.The developer must obtain a MnDOT permit for the portions of the sidewalks that will be within MnDOT right-of-way. 5.Prior to construction of the trash enclosure an encroachment agreement must be recorded to allow for the portion of the trash enclosure that will lie within the sanitary sewer easement. 30 Chanhassen City Council – November 25, 2013 6.A $7,600 security must be submitted to ensure that Great Plains Boulevard is properly restored after the utility work. This escrow will be released if the street patch is in good condition after one freeze-thaw cycle has passed. 7.The sanitary sewer line must be televised before and after construction to ensure that the grading equipment does not damage the sanitary sewer. 8.Before the city signs the site plan agreement a $7,500 security must be submitted in case of damage to the existing sanitary sewer. 9.The existing sanitary sewer manhole in the northeast corner must be reconstructed due to the proposed grade changes in the area. 10.City water and sanitary sewer hook-up fees and the Met Council SAC fee will be due with the building permit and will be based on additional SAC units, if any. 11.Before site grading can commence the grading plan must be revised as follows: a.Label the existing contours. b.Label the Emergency Overflow (EOF) elevation. c.Ensure that the lowest opening of the building is minimum one foot above the EOF elevation. d.Ensure that all proposed contours tie into existing (for example, the proposed 954 contour south of the EOF does not tie in). a.Revise the grading on the northeast corner of the site so that the proposed grades do not exceed 3H:1V. 12.Storm water runoff rates must not increase under the 2-year, 10-year and 100-year return interval storms at any point where water leaves the site. 13.A Phase 1 Environmental Site Assessment must be performed on this site and made available to the city to determine the likelihood of encountering contaminated soils at the proposed biofiltration location. 14.The hydraulic calculations for the storm sewer shall be provided and approved prior to the city signing the site plan agreement. 15.The SWPPP must include all required elements under the NPDES Construction Stormwater Permit. 16.Rock construction entrance shall be measured from the bituminous saw cut. 17.The biofiltration area shall not be constructed until after the site is substantially completed. At a minimum, the base course shall be installed prior to construction of the biofiltration area. 18.The biofiltration area shall be protected from construction-related activities throughout site development. The SWPPP and Erosion Prevention and Sediment Control Plan must indicate how this will be accomplished. 31 Chanhassen City Council – November 25, 2013 19.Before the City signs the site plan agreement a $5,000 security must be submitted to insure compliance with the erosion prevention and sediment control plan. This will be released once a minimum of 75% of the site has been permanently stabilized and the sediment control BMPs have been removed. 20.The owner shall be responsible for the operations and maintenance of the rain garden facility. The applicant shall develop an operations and maintenance manual and provide a copy to the city prior to the City signing the site plan agreement. 21.The owner shall prepare and submit an annual report indicating that the biofiltration is functioning properly or, in the event it is not, what steps area planned to restore the functionality of the biofiltration feature. Planning Conditions: 1.The applicant shall work with staff to improve the screening of the parking lot through the use of berming and landscaping. Parking setbacks will be adjusted based on the screening plan. 2.All rooftop and ground equipment must be screened from views. 3.Sign illumination and design shall comply with ordinance. Signs shall be limited to the north and south elevations. 4.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. 5.A photometrics plan shall be prepared for the site. Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. All fixtures must be shielded. 6.The proposed development has a total hard coverage area of 67.2%. The applicant shall revise the plan to meet hard surface coverage ordinance requirements not to exceed 65%. 7.Snow storage shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDER AMENDMENT TO CITY CODE CONCERNING MASSAGE BUSINESS LICENSING. Laurie Hokkanen: Thank you. The City Council has discussed in work session format three times previously with business owners, the development of a licensing requirement for massage therapy businesses and we had a few meetings with business owners. We worked with them through the work session and the goal of our work was to develop an ordinance that would allow law enforcement officials to have the tools that they need to pursue businesses that might not be operating in accordance with the law. But also the City Council very much wanted to recognize that most of our massage businesses have 32