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CC Staff Report 04-28-2014CITY OF CflANAASSEN 7700 Market Boulevard PC 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 7901 Park Place 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 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen Al -Jaff, Senior Planner DATE: April 28, 2014 e SUBJ: DAKOTA RETAIL: Preliminary Plat to replat 1.7 acres into One Lot and One Outlot, and Site Plan approval for the construction of a Multi- tenant Retail Building — Planning Case #2014 -11 PROPOSED MOTION "The Chanhassen City Council approves a Preliminary Plat to replat 1.7 acres into one lot and one outlot, and a Site Plan for the construction of an 8,000 square -foot single -level retail center on 1.51 acres of property zoned Highway and Business Services District (BH) and located at 7910 Dakota Avenue and the adjacent parcel to the west; and adoption of the attached Findings of Fact." City Council approval of the subdivision and site plan requires a majority vote of City Council present. EXECUTIVE SUMMARY The developer is requesting approval of a preliminary plat subdividing 1.7 acres into one lot and one outlot and a site plan to construct an 8,000 square -foot single -level retail center for property located south of Highway 5, west of Dakota Avenue and north and south of Lake Drive East. Access to the site is gained off of Lake Drive East. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Dakota Retail — Planning Case 2014 -11 April 28, 2014 Page 2 hi the staff report, staff pointed out that the trash enclosure is proposed to be located west of the building in the parking lot and, although it is screened, it will be the first feature that greets customers as they drive into the site. The applicant is proposing to add a patio north of the trash enclosure area. The applicant agreed with staff's comments and wishes to revise the site plan to move the trash enclosure away from the building. This will result in some minor revisions to the plan. There is also an electric pole that is currently located along the northern portion of the site. The pole will be relocated; however, it will temporarily remain in its cur-rent location. Staff is recommending adding the following condition: "The applicant shall work with staff on minor plan modifications." Also, with the removal of the trash enclosure, a large portion of the westerly elevation will become a flat blank wall. Additional architectural detailing will be required. The following condition will be added: "Additional architectural detailing will be required along the westerly elevation." PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on April 15, 2014. Issues raised during the public hearing focused on traffic and safety. The Planning Commission voted 5 -0 to recommend approval of the project. The April 15, 2014 Planning Commission minutes are included in the April 28, 2014 City Council packet. RECOMMENDATION Staff recommends approval of the request. ATTACHMENTS 1. Planning Commission Staff Report dated April 15, 2014. g: \plan\2014 planning cases\2014 -11 dakota retail (sinclair) \executive summary.doc PROPOSED MOTION: "The Chanhassen Planning Commission recommends the City Council approve a Preliminary Plat to replat 1.7 acres into one lot and one outlot, and a Site Plan for the construction of an 8,000 square -foot single -level retail center on 1.51 acres of property zoned Highway and Business Services District (BH) and located at 7910 Dakota Avenue and the adjacent parcel to the west; and adoption of the attached Findings of Fact and Recommendation." SUMMARY OF REQUEST: The applicant is requesting a Site Plan Approval for the construction of an 8,000 square -foot single -story building and Preliminary Plat to replat 1.7 acres into one lot and one outlot. Notice of this public hearing has been mailed to all property owners within the required 500 feet. Staff is recommending approval of the request with conditions. LOCATION: 7910 Dakota Avenue and the adjacent parcel to the west and southwest. South of Highway 5, west of Dakota Avenue and north and south of Lake Drive East. APPLICANT: Mohagen Hansen Architectural Group Center Companies LLC 1000 Twelve Oaks Center Drive PO Box 687 Wayzata, MN 55391 Chanhassen, MN 55317 Ms. Jennifer Kaplan Mr. Ben Merriman Phone: (952) 426 -7400 Phone: (612) 720 -9213 ikaplangmohasenhansen.com bmerrimangcentercompanies.com PRESENT ZONING: Highway and Business Services District (BH) 2030 LAND USE PLAN: Commercial and Residential Low Density ACREAGE: 1.7 Acres (74,052 square feet) DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi - judicial decision. The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi - judicial decision. Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 2 of 18 PROPOSAL /SUMMARY The applicant is requesting preliminary plat and site plan approval to redevelop the Ivan Sinclair Gas Station. The existing structure is proposed to be removed and replaced by an 8,000 square - foot retail center. The site is located south of Highway 5, west of Dakota Avenue and north and south of Lake Drive East. Sewer and water are available to the site. Access to the parcel will be gained off of Lake Drive East. The site is zoned Highway Business District. Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 3 of 18 APPLICABLE REGULATIONS Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XVII, Highway and Business Services District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Development Chapter 18, Subdivision BACKGROUND The construction of the Ivan Sinclair Service Station predates the City's zoning ordinance The expansion of Highway 5 and the realignment of Dakota Avenue took part of the Sinclair property for right -of -way purposes. On August 26, 1996, the City Council approved Site Plan ( #96 -10) for a 30 x 48 -foot canopy and a six (6) foot variance from the twenty -five (25) foot front yard setback for the construction of a canopy over the existing gas pumps. The city has been the owner of the parcel west of the Gas Station since October 10, 1986. The intent is to combine the Ivan Sinclair station property with the city property and redevelop the site. f P /� 51ntleir GdiPun, g% ^7 5eMte City Owned Property Stlice eE wilding VW ; 1 City Owned Property Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 4 of 18 Site Plan: The site plan request is for the construction of an 8,000 square -foot multi -tenant single -level building with a drive -thru. This is a permitted use in the Highway Business District. The maximum permitted site coverage is 65 percent. The proposed development has a total hard coverage area of 63.92 %. Sidewalks and trails allow for connections between the subject site and the surrounding buildings and separates pedestrian from vehicular traffic. Access to the site is provided via Lake Drive East. There will not be direct access to Highway 5 or Dakota Avenue. Parking is proposed throughout the site. One of the issues that staff discussed with the applicant at length was the location of the proposed building and drive -thru on the site. It is staff's opinion that the building should be closer to Highway 5. This will allow the proposed building to be in alignment with other buildings along Highway 5, provide better screening of the parking lot, and allow better visibility of the tenants from Highway 5. City code requires all parking spaces to maintain a 25 -foot setback from property lines. The plans show a setbacks between 15 and 19.5 feet. City code allows the reduction of the 25 -foot setback to 10 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. Screening through the use of fencing is not permitted. The combination of the proposed berming/landscaping will provide adequate screening and will meet the intent of the ordinance. 5 1 l D Lake Drive East Staff recommends the applicant improve the screening through the use of berming and landscaping. The minimum setback in the BH district is 25 feet from Highway 5, Dakota Avenue and Lake Drive East. The building meets the required setback Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 5 of 18 The trash enclosure is proposed to be located west of the building in the parking lot and is proposed to be constructed of materials that match the building. Although it is screened, it will be the first feature that greats customers as they drive into the site. The applicant is Jproposing to add a patio north of iFiWEti� PERSPECTIVE the trash enclosure area. The added landscaping and boulevard trees will provide a calming effect to a busy area. The design of the building is attractive and is proposed to be constructed of high- quality materials which include stone, stucco, glass and metal panels. All elevations that can be viewed by the public have received equal attention. The building has canopies over the entrances, utilizes durable exterior materials, and exhibits articulation. Signs are proposed along the north, south, east and west elevations of the building. The ordinance regulating this development limits signage to three elevations per building. One wall business sign shall be permitted on the street frontage for each business occupant within a building. In buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. The signage shall be limited to the east, north and south elevations only. The signs must comply with ordinance. Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 6 of 18 The applicant is also proposing a monument sign at the entrance into the site. One ground low - profile business sign is permitted. The height of the sign shall not exceed 8 feet and square footage shall not exceed 64 square feet. Based upon the foregoing, staff is recommending approval of the site plan with conditions as outlined in the staff report. LIGHTING /SIGNAGE The applicant submitted a lighting plan. The photometrics plan prepared for the site shows levels that exceed one -half foot candle at the project perimeter property line. This does not apply to street lighting. The lighting plan must be revised to meet ordinance requirements. All fixtures must be shielded. The building is permitted signs on three elevations only. The proposed signs on the west elevation must be removed in order for signage to remain consistent with the Sign Ordinance. PARKING The ordinance requires one parking space per 200 square feet for the shopping center. The development uses shared parking. The development must provide 40 parking spaces. The applicant is showing 53 spaces. ARCHITECTURAL COMPLIANCE Size, Portion and Placement Entries: The building has pronounced entrances Articulation: The building incorporates adequate detail and has been tastefully designed. The architectural style is unique to the building but will fit in with the surrounding area. The building will provide a variation in style through the use of stone, stucco, metal and glass. The building utilizes exterior materials that are durable and of high quality. Signs: All signage must meet the sign criteria in the Business Highway District. Material and Detail High quality materials are being used on the building. Color The colors chosen for the building are earth tones. The selection is unique, but blends in with the surrounding buildings. Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 7 of 18 Height and Roof Design The building ranges in height between 19 and 22 feet. The district limits the height to two stories. The structure is a single level. The roofline is staggered, adding articulation to the design of the buildings. All rooftop equipment must be screened from views. Facade Transparency All facades viewed by the public contain more than 50 percent windows and /or doors. Loading Areas, Refuse Areas, etc. The trash enclosure is located along the western elevation of the building. The exterior material is of the same exterior material as the building. Recycling space and other solid waste collection space should be contained within the same enclosure. SITE PLAN FINDINGS In evaluating a site plan and building plan, the City shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 8 of 18 d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the City's design requirements, the comprehensive plan, the zoning ordinance and the site plan review requirements. Staff is recommending approval of the request with conditions. The site design is compatible with the surrounding developments. It is functional and harmonious with the approved development for this area. Staff regards the project as a reasonable use of the land. The overall design is sensitive to the City's image. Based upon the foregoing, staff is recommending approval of the site plan with conditions outlined in the staff report. Streets, Access and Internal Site Circulation The site lies south of Trunk Highway 5 (Minor Arterial), west of Dakota Avenue (Minor Collector) and north of Lake Drive East (Major Collector). There is no existing or proposed access to Highway 5. The existing driveways to Dakota Avenue will be removed with the redevelopment as they do not meet the City's access spacing guidelines due to their proximity to Highway 5. The proposed access to the site will be from Lake Drive East, approximately 220 feet west of Dakota Avenue, which meets access spacing guidelines. The Lake Drive East/Dakota Avenue intersection is controlled by a stop condition on Lake Drive East. Due to the intersection's proximity to. Highway 5, traffic on Dakota Avenue does not have a stop condition as southbound Dakota Avenue traffic would tend to back up into the Highway 5 turn lanes during peak traffic. The City will have a traffic engineer determine if a three -way stop condition is warranted at this intersection (southbound Dakota Avenue free - moving; all other directions stop). This analysis will be done in the Spring/Summer of 2014. The existing site contains a 1,460 square -foot retail store with 8 gas pumping stations. The proposal includes a 2,465 square -foot restaurant, a 2,520 square -foot dental office and a 1,945 square -foot coffee shop with a drive -thru. Based on this information, the estimated existing and proposed trip generation using the Institute of Traffic Engineers Trip Generation Manual, 6a' Edition is as follows: Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 9of18 Total Weekday Trips A.M. Weekday Peak P.M Weekday Peak 162.78 trips /fueling Existing station x 8 fueling stations = 1,302.24 trips Restaurant 130.34 trips /ksf x 2.465 ksf = 321.29 trips Dental Office 36.13 trips /ksf x 2.52 ksf = 91.04 trips Coffee Shop 496.12 trips /ksf x 1.945 ksf = 964.95 trips Pro osed 1,377.28 trips 10.06 trips /fueling station x 8 fueling stations = 80.48 trips 9.27 trips /ksf x 2.465 ksf = 22.85 trips 2.43 trips /ksf x 2.52 ksf = 6.12 trips 49.86 trips /ksf x 1.945 ksf = 96.98 trips 125.95 trips 13.38 trips /fueling station x 8 fueling stations = 107.04 trips 10.86 trips /ksf x 2.465 ksf = 26.77 trips 3.66 trips /ksf x 2.52 ksf = 9.22 trips 33.48 trips /ksf x 1.945 ksf = 65.12 trips 101.11 trips The site includes a drive -thru facility on the south and east side of the building. The developer's engineer has submitted information showing how a larger passenger vehicle can turn into the site and into the drive -thru without impeding oncoming traffic. The final plan must include proposed signage and /or pavement markings on the north side of the building that will alert drivers to and prohibit drivers from entering the one -way traffic associated with the drive -thru. The parking stalls on the east side of the building adjacent to the drive -thru must meet the City's minimum stall width, or marked as compact parking if proposed as such. The plan includes a "bump out" on the west side of the site to accommodate vehicles backing out of nearby stalls. The "bump out" must be minimum 26 -foot face -of -curb to face -of -curb. Utilities Municipal sanitary sewer and water main are within Dakota Avenue to serve the site; therefore, no public sanitary sewer or water main installation is proposed or required with this project. The existing building on the site is serviced by two one -inch copper water services. Due to the proposed use on the site and fire safety requirements, a six -inch water service is required. The developer proposes to install new water and sewer services from the utilities within Dakota Avenue. This work must be coordinated with city staff, including advanced notification of the partial street closure, the timing of the work to minimize traffic disruption, and on -site inspection of the utility connection. The developer must submit the estimated street repair cost for the sewer and water service installation for staff review. A cash escrow for the street restoration must be submitted prior to recording the final plat. The escrow can be released after a minimum of one freeze -thaw cycle and once staff inspects the street restoration and deems the work is satisfactory. Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 10 of 18 A private hydrant must be installed on the south side of the site at a location approved by the Fire Marshal. Note all existing private lights along the perimeter of the site and note if the lights are to remain or be removed. Gradin¢ and Drainaee The applicant proposes to mass grade the site. The developer must provide staff with the proposed haul route for removal of the excess material from the site before grading operations begin. The haul route is subject to staff review and approval. According to the ALTA survey, the northern 50 feet of the site is encumbered by an Xcel Energy easement that encompasses the overhead electrical transmission lines. All improvements in the Xcel easement, including but not limited to grading, site utility installation and landscaping, must be approved by Xcel. The ALTA survey also shows that there is a utility pole south of the transmission tower, as outlined in red below. Staff understands that the developer intends to work with Xcel and relocate this pole. The final plans must include a note stating that this pole will be relocated, otherwise it must be incorporated into the plan. Any cost associated with relocating this pole shall be the developer's responsibility. N ci %8 _ d a� sag✓" a,,/ aurzor � _ Lake Drive East ' —r II I Iv I Citv of Chanhassen W8114 I PEO I +=w I PE -J wl II I I �jl I, i =Y I ra I yU z II I Iv I Citv of Chanhassen W8114 I PEO I +=w I PE Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 11 of 18 The developer must coordinate the proposed grading in the northeast comer of the site with the affected small utilities, as the plans show altering the grade in the vicinity of two small utility pads. The grading plan must be revised so that the proposed contours tie into the existing contours. The developer proposes to install a pond in the southeast corner of the site to treat surface water runoff from the proposed development. This pond will outlet into the existing storm sewer within Lake Drive East. The developer must submit calculations verifying that the proposed storm pond meets the City's minimum requirements. The storm pond must be lined to prevent potential in -situ soil contamination. In the past water has run off the slope on the west side of the site along Lake Drive East and caused icy conditions in the winter. Drain tile or a storm sewer catch basin must be installed on the south side of the site, west of the driveway to capture runoff coming off the hillside prior to crossing the driveway. Fees The anticipated fees collected with the final plat are: Surface Water Management fees Park Dedication fee GIS fees Recording fees (if not collected with the final plat application) City water (WAC), City sewer (SAC) and Metropolitan Council sewer (Metro SAC) fees are collected with the building permit and are calculated based on the uses within the building. Any fees paid for WAC and SAC units currently associated with the site will be credited to the WAC and SAC fee calculation. LANDSCAPING Minimum requirements for landscaping at Dakota Retail include 2,103 square feet of landscaped area around the parking lot, three landscape islands or peninsulas, and eight trees for the parking lot. The applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table: The applicant meets the minimum requirements for landscaping in the parking lot area. Required Proposed Vehicular use landscape area 2,103 s . ft. >2,103 s . ft. Trees /parking lot 8 trees 10 trees Islands or peninsulas/parking lot 3 islands /peninsulas 3 islands /peninsulas The applicant meets the minimum requirements for landscaping in the parking lot area. Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 12 of 18 Bufferyards are required along Highway 5 as well as the east and south property lines. Parking must be screened along Highway 5 and Dakota Avenue. The applicant is proposing shrubs with a minimum mature height of three feet along each perimeter landscape area. Bufferyard requirements: The applicant does not meet minimum bufferyard requirements for the north property line. Three additional ornamentals are required. The utility easement for the overhead power lines affects the type of plantings proposed in the south and east bufferyards. A total of three of the proposed overstory trees in these two bufferyards will need to be changed to ornamental species in order to comply with the easement restrictions for overhead power lines. The applicant shall revise the landscape plan to provide quantities in the submitted plant schedules for all plants proposed. COMPLIANCE TABLE Required plantings Proposed plantings Bufferyard B — north property line, 440' (8 *) Overstory trees 0 Overstory trees (*all ornamental trees required due to overhead (17 *) 25 Understory trees 22 Understory trees power lines) 26 Shrubs >26 Shrubs Lot Coverage 4 Overstory trees 4 Overstory trees Bufferyard B — east property line, 230' 9 Understory trees 9 Understory trees Principal 13 Shrubs >13Shrubs Bufferyard B — south property line, 430' 8 Overstory trees 12 Overstory trees North Front yard 17 Understory trees 17 Understory trees South Front yard 25 Shrubs >25Shrubs Overstory boulevard trees, 12 overstory trees 12 overstory trees 1 per 30' frontage Ordinance Requirements Subject Site The applicant does not meet minimum bufferyard requirements for the north property line. Three additional ornamentals are required. The utility easement for the overhead power lines affects the type of plantings proposed in the south and east bufferyards. A total of three of the proposed overstory trees in these two bufferyards will need to be changed to ornamental species in order to comply with the easement restrictions for overhead power lines. The applicant shall revise the landscape plan to provide quantities in the submitted plant schedules for all plants proposed. COMPLIANCE TABLE *The applicant is providing screening through landscaping to screen the parking in order to maintain less than 25 -foot setback. Ordinance Requirements Subject Site Lot Area 20,000 square feet 65,996 square feet Frontage 100' S: 480' W: 240' N: 495' Depth 150' approximately 180' Lot Coverage 65% 63.9% Building Height Ordinance Requirements Subject Site Principal two -story one -story: 19' -21' Building Setbacks Ordinance Requirements Subject Site North Front yard 25' 65' South Front yard 25' 33' East Front yard 25' 70' Parking Requirements Ordinance Requirements Subject Site Stalls 1:200 (Retail) 8,000 square feet/200 — 40 stalls 53 stalls South Front yard 10' w /screening, 25' without 15' with screening* *The applicant is providing screening through landscaping to screen the parking in order to maintain less than 25 -foot setback. Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 13 of 18 The developer is requesting preliminary plat approval to replat 1.7 acres into one lot and one outlot. Lot 1 is proposed to house a multi -tenant retail building, and the outlot will remain vacant. }fro i W. / 4e" j / Lot 1, Block 1 I OM j J I ! ,� % "• \ to \ W0.NSEO R.0.W=S OYIYE EA i I 3y OM— G Outlot 1 mil. aag ez _ The ordinance states, "All lots shall abut for their full required minimum frontage on a public street as required by the zoning ordinance; or be accessed by a private street; or a flag lot which shall have a minimum of thirty feet of frontage on a public street." The lot has street frontage. Access to the lot is gained from a curb cut off of Lake Drive East. The subdivision request is a relatively straightforward action and staff is recommending approval with conditions. The minimum lot area is 20,000 square feet. Lot 1 will have an area of 65,919 square feet. Based on the preliminary plat, the following are the lot tabulations for the project: Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 14 of 18 Lot 1, Block 1 65,919 square feet Outlot 1 7,480 square feet ROW 944 square feet Total Site 73,343 square feet / 1.68 acres Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. This property is located within the neighborhood park service areas for three existing public parks — Chanhassen Estates Park, Rice Marsh Lake Park and South Lotus Lake Park. Employees and visitors at the Dakota Retail site will have convenient walking access to all three of these parks. Chanhassen Estates Park is located one block to the east and features green space, a small playground and half -court basketball. Rice Marsh Lake Park is located one -half mile to the south and offers a ball field, playground, half -court basketball, picnic shelter and connections to the extensive Rice Marsh Lake trail network. South Lotus Lake Park is located one - quarter mile to the north and provides tennis, basketball, playground, public boat launch to Lotus Lake, and a small winter sledding hill. No additional public park acquisition or development is being sought as a condition of approval for Dakota Retail. TRAILS The subject site has direct access to an extensive public trail and sidewalk system. Care should be exercised to fully and safely connect pedestrians utilizing the Dakota Retail property to the existing trail and sidewalk system. The city's sole pedestrian bridge over Highway 5 is located directly west of the subject site. 1. The proposed subdivision is consistent with the zoning ordinance. Fes: The subdivision meets the intent of the city code subject to the conditions of the staff report. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 15 of 18 Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; FindinE: The proposed subdivision will be served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage subject to conditions of approval. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off -site public improvements or support systems. Fes: The proposed subdivision is provided with adequate urban infrastructure. Staff recommends adoption of the following motions: Subdivision "The Planning Commission recommends the City Council approve the preliminary plat to replat 1.7 acres into one lot and one outlot, Planning Case 2014 -11 as shown in plans dated received March 14, 2014, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Engineering Conditions Before the final plat is recorded the Surface Water Management fees, Park Dedication fees, and GIS fees must be paid as well as any recording fees not collected with the final plat application. Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 16 of 18 Park And Trail Conditions 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Dakota Retail. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based on the current proposed lot size of 1.51 acres and the city's 2014 commercial/industrial park fee of $12,500 per unit, the total park fees for Dakota Retail would be $18,875. Site Plan "The Planning Commission recommends the City Council approve the site plan consisting of a 8,000 square -foot multi -tenant building, Planning Case 2014 -11 as shown in plans dated received March 14, 2014, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Environmental Resource Conditions 1. The applicant shall provide a total of 25 understory trees along the north property line. 2. All trees that fall within the utility easement along the north property line shall be ornamental trees. 3. The final landscape shall be submitted to the city and include a plant schedule with listed quantities. 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. Retaining walls exceeding four feet in height require professional design, permits and approvals. 6. The owner and /or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 17 of 18 Fire Marshal Conditions 1. An additional fire hydrant will be required on the south side of the property. This location has been discussed with the Engineering Department. 2. " No Parking Fire Lane" signs may be required. The developer must contact the Fire Marshal for exact locations. Engineering Conditions The final plan must include proposed signage and /or pavement markings on the north side of the building that will alert drivers to and prohibit drivers from entering the one -way traffic associated with the drive -thru. 2. The parking stalls on the east side of the site, adjacent to the drive -thra must meet the city's minimum stall width, or marked as compact parking if proposed as such. 3. The "bump out" on the west side of the site must be minimum 26 feet face -of -curb to face - of -curb. 4. Installation of the new water and sewer services must be coordinated with city staff, including advanced notification of the partial street closure, the timing of the work to minimize traffic disruption, and on -site inspection of the utility connection. 5. A cash escrow for the street restoration must be submitted prior to recording the final plat. The escrow can be released after a minimum of one freeze -thaw cycle and once staff inspects the street restoration and deems the work is satisfactory. 6. A private hydrant must be installed on the south side of the site at a location approved by the Fire Marshal. 7. Indicate if existing private lights along the perimeter of the site are to remain or be removed. 8. The developer must provide staff with the proposed haul route for removal of the excess material from the site before grading operations begin. The haul route is subject to staff review and approval. 9. All improvements in the Xcel easement, including but not limited to grading, site utility installation and landscaping must be approved by Xcel. 10. The final plans must include a note stating that the auxiliary utility pole south of the transmission tower on the north side of the site will be relocated, or else it must be incorporated into the plan. Any cost associated with relocating this pole shall be the developer's responsibility. Planning Commission Dakota Retail — Planning Case 2014 -11 April 15, 2014 Page 18 of 18 11. The developer must coordinate the proposed grading in the northeast corner of the site with the affected small utilities, as the plans show altering the grade in the vicinity of two small utility pads. 12. The grading plan must be revised so that the proposed contours tie into the existing contours. 13. The storm pond must be lined to prevent potential in -situ soil contamination. 14. The developer must submit calculations verifying that the proposed storm pond meets the city's minimum requirements. 15. Drain tile must be installed on the south side of the site. Planning Conditions 1. All rooftop and ground equipment must be screened from views. 2. Sign illumination and design shall comply with ordinance. Wall signs shall be limited to the north, east and south elevations. Wall and monument signage shall comply with the sign ordinance. All signs require a sign permit. 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. 4. 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 5. Approval of the site plan is contingent upon approval of the subdivision. 6. The applicant shall work with staff on minor plan modifications. 7. Additional architectural detailing will be required along the westerly elevation." ATTACHMENTS 1. Findings of Fact. 2. Application. 3. Reduced Copy of Plans dated Received March 14, 2014. 4. Public Hearing Notice and Affidavit of Mailing. 5. Affidavit of Mailing of Public Hearing Date Correction. 6. Letter from MnDOT dated April 3, 2014. 7. Email from Rich and Kathy Dorfner dated March 31, 2014. gAplan\2014 planning cases\2014 -11 dakota retail (sinclair)\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Center Companies LLC, Planning Case 2014 -11 for the following: Preliminary Plat to replat 1.7 acreas into one lot and one outlot — Dakota Retail. Site Plan Review for the construction of an 8,000 square -foot retail building, on property zoned Highway and Business Services District (BH), located at 7910 Dakota Avenue and the adjacent parcel to the west and southwest. South of Highway 5, west of Dakota Avenue and north and south of Lake Drive East. On April 15, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Center Companies, LLC for a preliminary plat and a site plan approval for a single -level multi -tenant building. The Planning Commission conducted a public hearing on the proposed Site Plan and Subdivision which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Highway and Business Services (BH). 2. The property is guided as Commercial by the 2030 Land Use Plan. 3. The legal description of the property is described as follows: Outlot 1, Chanhassen Estates, Carver County, Minnesota. 4. In evaluating a Site Plan and building plan, the city shall consider the development's compliance with the following: a. The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b. The proposed development is consistent with the site plan review requirements; c. The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2) The amount and location of open space and landscaping; 3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f. Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of significant views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the City's design requirements, the comprehensive plan, the zoning ordinance and the site plan review requirements. Staff is recommending approval of the request with conditions. The site design is compatible with the surrounding developments. The proposed site plan is consistent with all plans and specifications and development design standards for the BH District. SUBDIVISION FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance. Finding: The subdivision meets the intent of the city code subject to the conditions of the staff report. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; 2 Fes: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision will be served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage subject to conditions of approval. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off -site public improvements or support systems. Fes: The proposed subdivision is provided with adequate urban infrastructure. The Planning Commission recommends that the City Council approve the Subdivision and Site Plan, Planning Case #2014 -11, for an 8,000 square -foot single -story multi -tenant building on property zoned Highway and Business Services (BH) District. ADOPTED by the Chanhassen Planning Commission this 15a' day of April 2014. CHANHASSEN PLANNING COMMISSION 1W Its Chairman COMMUNITY DEVELOPMENT DEPARTMENT Iii=GElvMV Planning Division - 7700 Market Boulevard � AR 1 4 2014 CITY OF CIIANNSFN Mailing Address - P.O. Box 147, Chanhassen, MN 5531 Phone: (952) 227 -1300 / Fax: (952) 227 -1110 CHANHASSEN PLANNING DEPT APPLICATION FOR DEVELOPMENT REVIEW Date Filed: 31 IA 1 14 60 -Day Review Deadline: 5 11-6114 Planner: Bias Case #: Zkbt4— I ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Conditional Use Permit ❑ Single - Family Residence . ............................... $325 ❑ All Others .......................... ............................... $425 ❑ Interim Use Permit $300 ❑ ❑ In conjunction with Single - Family Residence.. $325 Metes & Bounds .........................$300 ❑ All Others .......................... ............................... $425 ...........................$150 ❑ Grading z 1,000 cubic yards ........................... UBC ❑ Rezoning $275 "Requires a. 45 scmw ❑ Planned Unit Development (PUD) .................. $750 Zoning Ordinance Amendment ............................ ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others .......................... ............................... $500 ❑ Sign Plan Review ........................ ...........................$150 ❑� Site Plan Review ❑ Administrative ................... ............................... $100 ❑� Commercial /Industrial Districts * ...................... $500 Plus $10 per 1,000 square feet of building area CAA "Include number of existing employees: and number of new employees: ❑ Residential Districts .......... ............................... $500 Plus $5 per dwelling unit ADDITIONAL REQUIRED FEES: [Notification Sign .................... ............................... $200 (city to install and remove) t3 39 [Property Owners' List within 500' ........ $3 per address (City to generate - fee determined at pre- application meeting) SU Ivision ❑ Create 3 lots or less ......... ............................... $300 ❑ Create over 3 lots .......................$600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots ................... ...........................$150 ❑ Lot Line Adjustment .............. ...........................$150 2'*Requ Plat* ........... ........ ...na .. ...... ...... $250 $275 "Requires a. 45 scmw for attorney costs. $100 Escrow will be required for other applications through the Zoning Ordinance Amendment ............................ development contract. NOTE: When multiple applications are processed concurrently, ❑ Vacation of Easements / Right -of- way ................... $300 (Additional recording fees may apply) ❑ Variance ................................ ............................... $200 ❑ Wetland Alteration Permit ❑ Single - Family Residence ............................... $150 ❑ All Others ........................ ............................... $275 ❑ Zoning Appeal ....................... ............................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) TOTAL FEES: 00 Received from:p,,daLrLmp�.nCeS L_C., ❑ Escrow for Recording Documents.. $50 per document Date Received: Check Number: SiIo5 (CUP /SPRNACNARMAP /Metes & Bounds Subdivision) ki Section 2: Required Information Project Name: Dakota Retail Property Address or Location: 79JO Dakota Ave, Chanhassen, Mn 55317 AS - t t300SZ.0 Parcel #: ae- t ecl o Sso Total Acreage: 1 J acres Present Zoning: BH Legal Description: 0 L 0a I I �:harAhasseR Est -cA_-_—, Wetlands Present? ❑ Yes ® No Present Land Use Designation: Commercial Existing Use of Property: Gas Station Description of Proposal: Community Retail Building ❑ Check box if separate narrative is attached Requested Zoning: BH Requested Land Use Designatiow-ftem Cc> ry mlo l Section • • Owner APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and 1 am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Mohagen]Hansen Architectural Group Contact: Jennifer Kaplan Address: 1000 Twelve Oaks Center Dr. Phone: 426 -7400 City /State /Zip: Wayzata, MN 55391 Cell: Email: jkaplan @mohagenhansen.com Fax: (952) 426 -7440 Signature: i�, ,_✓l%/^ — Date: 3/14/14 PROPERTY OWNER:: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: rr- s c V, L 0 k-n kDo v. � e c ( l L Contact: Ut eV y win V-\ Address: b (111�x <r< 7— Phone: City /State /Zi - j Cell: 611 ?,)0 7011 Email: bfnC'0'C\ Vvy'�V ("e V1 c�c_—o Wi Can t COWI Fax: Signature: Date: /c/ -A, .�V q.r� c> �.N SG TL .S ti L Q � �o • �c� ""I This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City /State /Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? `Other Contact Information: © Property Owner Via: 0 Email ❑ Mailed Paper Copy Name: ❑✓ Applicant Via: ❑✓ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City /State /Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: —PROPERWSUMMARY — eypv�wfmx moo.u..xen.r.vwswrem�M VICINITY MAP NR ..'/ / Al - nfra Client CENTER COMPANIES, LLC 1@ IW41EI1 .wwrwr Ile R v M uR..z ,�y yL y I Project t ' I DAKOTA RETAIL / / - l � I I i ��• jy � P /e Location 14 CHANHASSEN, .. MIN BLOCK I Certification qAt�, e.R'BTRT 1`- 9r'AbB'E ZAM _�--s r SUlnmary _ PROP09ED R -0.W LAKE DRIVE EAST__ — r /"6 a Revision History R%!. 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Revision Histo/nry Sheet Title SITE LANDSCAPE DETAILS Sheet No. Revision U.02 Project No. CEN19486 n n n n n T T T T 1 � _ v A I 1 I 1 1 ii I I RETAIL II i II I; i i RETAIL RETAIL `\ TENANT #1 TENANT #2 TENANT #3 I'I II ��ll I i I I I I I p n, �mmx nroro x ENWEOED PLAN AT TRASH ENCLOSURE rx\ ELEVATION AT TRASH ENCLOSURE +oo v- -o m v.- -a PIT I I 1 I 1 1 ii I I n, �mmx nroro x ENWEOED PLAN AT TRASH ENCLOSURE rx\ ELEVATION AT TRASH ENCLOSURE +oo v- -o m v.- -a e *Wl e.a ®IB�IRPJIB4� NORTH EXTERIOR ELEVATION (a\ WEST EXTERIOR ELEVATION CeD, E>f +,5- ' G�' Mme„- 4�31 &y �IKEP• ®l 40" MIOR ELEVATION EAST EXIBBOR ELEVATION \ EXTERIOR MATERIALS TO uenv,n�- '"m��YeaY wxua ®room wr -rmvnu sm owmred,ew� T s ' � A SIGN PERCENTACES NORTHWEST PERSPECTIVE OTANHASSEN DAKOTA RETAIL NEW CONSTRUCTION A152 DAKOTA AVE CHANHASSEN, MN 5579 Xurr SUBMITTAL A300 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 3, 2014, 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 Dakota Retail Center — Planning Case 2014 -11 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. 41K n J. En el ardt, D uty Clerk Subscribed and sworn to before me this3 rcl day of Mari , 2014. Notary Pblt_c KIM T. MEUWISSEN Notary Public- Minnesota ;w «� My Commission Evim Jsn 31, 2016 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 15, 2014 at 7:00 p.m. This hearing may not start until later in the evenin , depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Preliminary Plat Review to combine two parcels into one lot on approximately two acres of property zoned Proposal: Highway and Business Services District (BH); and Site Plan Review with Variances for an 8,000 square -foot retail building — DAKOTA RETAIL CENTER Owner/ Center Companies, LLC / Applicant: Moha en Hansen Architectural Group Property 7910 Dakota Avenue and adjacent parcel to the west 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 project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2014 -11. If you wish to talk to someone about this project, please contact Sharmeen AI -Jaff Questions & by email at saliaff(a)ci.chanhassen.mn.us or by phone at 952 - Comments: 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, Welland 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 allend 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 whollyor 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 industiial. • 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 Fanning Commission holds the public hearing, the City Council does not. Mtinules are taken and any correspondence regarding the application will be included in the report to the City Council. K you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 15, 2014 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Locatiow City Hall Council Chambers, 7700 Market Blvd. Request for Preliminary Plat Review to combine two parcels into one lot on approximately two acres of property zoned Proposal: Highway and Business Services District (BH); and Site Plan Review with Variances for an 8,000 square -foot retail building — DAKOTA RETAIL CENTER Owner/ Center Companies, LLC / Applicant: Moha en Hansen Architectural Group Property 7910 Dakota Avenue and adjacent parcel to the west 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 project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2014 -11. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff Questions & by email at saliaff(oci.chanhassen.mn.us or by phone at 952 - Comments: 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 commercialAndustrial. • 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 Fanning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersondrepresentab. 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 corespondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contort the Manning Staff person named on the notification. ANNE T THOMPSON CLAYTON & MARGARET SODETANI DISCOVERY UNITED METHODIST 8000 DAKOTA AVE 8005 ERIE AVE 275 LAKE DR E CHANHASSEN, MN 55317 -9636 CHANHASSEN, MN 55317 -9301 275 CHANHASSEN, MN 55317 -9364 DONALD T SMITH 8012 ERIE AVE CHANHASSEN, MN 55317 -9752 PAISLEY PARK ENTERPRISES INC 7801 AUDUBON RD CHANHASSEN, MN 55317 -8436 STEVEN S BIGGERS 5970 CATHCART DR EXCELSIOR, MN 55331 -8331 THOMAS M & KRISTIE A KOTSONAS 8001 CHEYENNE AVE CHANHASSEN, MN 55317 -9720 I C JOHN LLC 9527 DECLARATION DR CHANHASSEN. MN 55317 -4815 RICK & CATHY CHEESEMAN 1217 WINDMILL CRK S WACONIA, MN 55387 -4706 TERRANCE SR & SANDRA THOMPSON 3820 LINDEN CIR EXCELSIOR, MN 55331 -7727 MCDONALD'S CORP (22 -157) 15455 110TH ST NYA, MN 55397 -9453 RICK UGLUM 8016 ERIE AVE CHANHASSEN, MN 55317 -9752 THOMAS J & SANDRA M KOEPPEN 8009 ERIE AVE CHANHASSEN, MN 55317 -9301 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 7, 2014, 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 Notice of Public Hearing CORRECTION for Dakota Retail Center — Planning Case 2014 -11 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 sw m to before me this day of -12014. < KIM T. MEUWISSEN Notary Public - Minnesota :• - -i ° My Commiaelon Expires Jan 31,2015 CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF PUBLIC HEARING CORRECTION Dear Property Owner: On April 3, 2014, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: • Request for Preliminary Plat Review to combine two parcels into one lot and one outlot on approximately two acres of property zoned Highway and Business Services District (BH); and Site Plan Review with Variances for an 8,000 square -foot retail building — DAKOTA RETAIL CENTER The date of the public hearing was listed incorrectly as March 15, 2014. The correct date of the public hearing is TUESDAY. APRIL 15, 2014. The meeting will begin at 7:00 p.m. If you have questions regarding this proposal, contact Sharmeen AI -Jaff at 952 - 227 -1134 or by email at saliaff(a)ci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us /2014 -11. CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF PUBLIC HEARING CORRECTION Dear Property Owner: On April 3, 2014, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: Request for Preliminary Plat Review to combine two parcels into one lot and one outlot on approximately two acres of property zoned Highway and Business Services District (BH); and Site Plan Review with Variances for an 8,000 square -foot retail building — DAKOTA RETAIL CENTER The date of the public hearing was listed incorrectly as March 15, 2014. The correct date of the public hearing is TUESDAY. APRIL 15, 2014. The meeting will begin at 7:00 p.m. If you have questions regarding this proposal, contact Sharmeen AI -Jaff at 952 - 227 -1134 or by email at saliaff(aki.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us /2014 -11. ANNE T THOMPSON CLAYTON & MARGARET SODETANI DISCOVERY UNITED METHODIST 8000 DAKOTA AVE 8005 ERIE AVE CHU CHANHASSEN, MN 55317 -9636 CHANHASSEN, MN 55317 -9301 275 LAKE DR E CHANHASSEN, MN 55317 -9364 DONALD T SMITH 8012 ERIE AVE CHANHASSEN, MN 55317 -9752 PAISLEY PARK ENTERPRISES INC 7801 AUDUBON RD CHANHASSEN, MN 55317 -8436 STEVEN S BIGGERS 5970 CATHCART DR EXCELSIOR, MN 55331 -8331 THOMAS M & KRISTIE A KOTSONAS 8001. CHEYENNE AVE CHANHASSEN, MN 55317 -9720 I C JOHN LLC 9527 DECLARATION DR CHANHASSEN, MN 55317 -4815 RICK & CATHY CHEESEMAN 1217 WINDMILL CRK S WACONIA, MN 55387 -4706 TERRANCE SR & SANDRA THOMPSON 3820 LINDEN CIR EXCELSIOR, MN 55331 -7727 MCDONALD'S CORP (22 -157) 15455 110TH ST NYA, MN 55397 -9453 RICK UGLUM 8016 ERIE AVE CHANHASSEN, MN 55317 -9752 THOMAS J & SANDRA M KOEPPEN 8009 ERIE AVE CHANHASSEN, MN 55317 -9301 +' " 9 Minnesota Department of Transportation p Metropolitan District �' 0 Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 April 3, 2014 Shanneen AI -Jaff, Senior Planner City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJECT: Dakota Retail MnDOT Review # P 14 -020 APR 2034 GIIY OF CHA*IASSEI \e Southwest of MN 5 (Arboretum Blvd) and Dakota Ave. Chanhassen, Carver County Control Section 1002 Dear Ms. Al -Jaffa The Minnesota Department of Transportation (MnDOT) has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please address the following issue: Permit Required: Any use of or work within or affecting MnDOT right of way requires a permit. Permit forms are available from MnDOT's utility website at http : / /www.dot.state.mn.us /utility/ Please include one 11 x 17 plan set and one full size plan set with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651- 234 -7911) ofMnDOT's Metro Permits Section. Review Submittal Options: Mn/DOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf. version of the plans. Mn/DOT can accept the plans via e -mail at metrodevreviews.dotkstate.mn.us provided that each separate e- mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: Mn/DOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 3. One (1) compact disk. 4. Plans can also be submitted to Mn/DOT's External FTP Site. Please send files to: ftp : / /ftp2.dot.state.nm.us/ pub / incoming /MetroWatersEdge/Planning Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to metrodevreviews.dotgstate.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review please feel free to contact me at (65 1) 234 -7794. Sincerely, Tod Sherman Planning Supervisor Copy sent via E -Mail: Buck Craig, Permits Nancy Jacobson, Design Hailu Shekur, Water Resources Douglas Nelson, Right -of -Way Diane Langenbach, Area Engineer David Sheen, Traffic Bruce Wetherbee, Surveys Sharmeen Al -Jaff, saljaffja2ci.chanhassen.mn.us Russell Owen, Metropolitan Council AI -Jaff, Sharmeen From: Rich and Kathy Dorfner [rkdorf@mninter.net] Sent: Monday, March 31, 2014 10:31 AM To: AI -Jaff, Sharmeen Subject: Dakota Av development I live in Chan Estates and would like info. on the development on the Ivan Sinclair property. At what point do the developers give info. to the city concerning plans for the property, including specific business (fast food, etc.)? As I'm sure you are aware, traffic is a concern on the corner with many drivers at the stop signs pulling out in front of those of us who are coming or going on Dakota. We have been told in the past that a four way stop isn't feasible because of the potential of traffic backing up to Hwy. 5. Thanks for any info. that you have. Also, I remember hearing that the BP property had sold and would also be some type of strip mall. Has that been approved and, if so, will there be an attempt not to duplicate what businesses are approved for both sites? Thank you, Kathy Dorfner 612 - 834 -9300 rkdorf @mninter.net