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1. 7/41 Crossing 2nd Addition ~ ~ z < u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ rJ:J PC DATE: April 19, 2005 w .....JJI CC DATE: May 9,2005 CITY OF CHANHASSEN REVIEW DEADLINE: May 17, 2005 CASE #: Planning Case 05-13 BY: AI-Jaff ~...... . .......... , STAFF REPORT PROPOSAL: Request for a subdivision of 5.2 acres into two lots - Seven Forty One Crossing Second Addition. LOCATION: Southwest comer of the intersection of Highways 7 and 41. CJ rr«XG APPLICANT: Thomas Hodorff 9063 Lyndale Avenue South Bloomington, MN 55420 (952) 884-5341 PBK Investments Attn: Brian Pellowski 4969 Olson Memorial Highway Golden Valley, MN 55422 (952) 857-2590 PRESENT ZONING: BN, Neighborhood Business District 2020 LAND USE PLAN: Commercial ACREAGE: 5.2 acres SUMMARY OF REQUEST: Request for preliminary plat approval to subdivide 5.2 acres into two lots. The site is zoned BN. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF CITY DISCRETION IN DECISION-MAKING: 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. Location Map Seven Forty-One Crossing Second Addition Planning Case No. 05-13 State Hwy 7 Seven Forty One Crossing Second Addition. Planning Case No.OS-13 April 19, 2005 Page 2 PROPOSAL/SUMMARY The applicant is requesting preliminary plat approval to subdivide 5.2 acres into two lots. Lot 1 contains an existing strip mall (7 & 41 Retail Center), and Lot 2 will house a 6,400 square-foot multi-tenant retail building (the site plan for the retail building was approved by the City Council on November 8, 2004, Planning Case 04-34). The site is located southwest of the intersection of Highways 7 and 41. It is zoned BN, Neighborhood Business District. Both lots meet the minimum requirements of the zoning ordinance. Access to the site is via a right-in only from Highway 7, and from Highway 41 across an existing parking lot for the 7 & 41 Shopping Center. The majority of the issues including grading, drainage, landscaping, parking, access, etc., were reviewed with the site plan application for the retail building. This report will address the subdivision only. Based upon the foregoing, staff is recommending approval of the subdivision with conditions outlined in the staff report. BACKGROUND On April 25, 1988, the City Council approved the first reading for the rezoning of the property at the southwest comer of Highways 7 and 41 for 01, Office Institutional to BN, Neighborhood Business District. On the same date, the Council also approved the subdivision of the property into 3 commercial lots. Lot 1 contains a Video Update and other tenants. Lot 2 contains the 7 & 41 Shopping Center and Lot 3 contains the SuperAmerica Gas Station. The subject building is proposed to be located on Lot 2 as an extension of the shopping center. SEVEN FORT'/' ONE CROSSING TfLE...HO os, CR NO. .0..<>1 "'" ';;'~~~4:::~~~~~-f~~~:~~ i :" J~ i¡l~~~J!:,<._a~.',.'-'~ ~ ;1. L ...., ... ..J'., ',' 'I ,-. :.,-?:-.!' ] H r i. ' ¡ ; aGo{. , ¡¡ I', < :(ó:~jJ~~':'~" ¡irj: --_...~~,> I it, ""I" ~~§!!j ~ _ ~~~~~___ iA.~~~~' t Ii. ~ . ; ì~ ~ " ' !~ : i ~ '" '" ox ~ ~. .. 'm' '--_..",...,..,,-...,... :"':;';,':A~:'-"""- . ~~;.""'....~...._--" . ""'-"'-.....--- -....--,--....-- u,u tuum :::::J:::~::::Y=,;.~ -------~-- SJ£ET 20F 2 SHEETS Seven Forty One Crossing Second Addition. Planning Case No.OS-13 April 19, 2005 Page 3 On November 8, 2004, the City Council approved Site Plan 04-34 for a 6,400 square-foot retail building and a conditional use permit to allow multiple buildings on a single lot subject to conditions. PRELIMINARY PLAT The applicant is proposing to subdivide a 5.2 acre site into 2 lots. Lot 1 will house an existing strip mall and will have an area of 4.68 acres (203,998 square feet). Lot 2 will house a future retail building and is proposed to have an area of 0.59 acres (25,749 square feet). The zoning ordinance requires a minimum lot area of 15,000 square feet. Typical Drainage and Utility Easements are not shown on the preliminary plat, however, in reviewing the final plat, all required easements will be dedicated. The final plat is the official document that will be recorded with Carver County. Both proposed lots meet the minimum width and depth requirements of the Zoning Ordinance. Staff notes that the proposal is consistent with the Comprehensive Plan and the Zoning Ordinance. GRADING. DRAINAGE & EROSION CONTROL. UTILITIES. STREETS. PARKING TABULA TIONS. LANDSCAPING These issues were addressed with the site plan review application. This subdivision request will not change any of the previous findings. Staff has attached a copy of the site plan review staff report that discusses these items in detail. SURFACE WATER MANAGEMENT FEES Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on commercial development rates of $8,075/acre. Based on the proposed developed area of approximately 5.28 acres, the water quality fees associated with this project are $42,636. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Commercial developments have a connection charge of $5,957 per developable acre. This results in a water quantity fee of approximately $31,453 for the proposed development. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $74,089. Seven Forty One Crossing Second Addition. Planning Case No. 05-13 April 19, 2005 Page 4 PARK AND TRAIL Lot 2, Block 1, Seven Forty-One Crossing Second Addition is subject to a park dedication fee as a condition of approval for subdivision. Park dedication fees for Lot 2 will total $5900 (25,749 square feet or 0.59 acre X $10,000 per acre). PARKING TABULATIONS The City's parking ordinance requires: . Retail stores and service establishments - One (1) parking space for each two hundred (200) square feet of gross floor area. The proposed retail building will have an area of 6,400 square feet which translates to 32 parking spaces. The applicant is showing 8 parking spaces. The total area between the existing and proposed retail center addition is 32,409 square feet. This translates to 162 spaces. The site will have a total of 200 parking spaces. The city may approve off-site parking if the city council finds the following: a. Reasonable access shall be provided from the off-site parking facilities to the use being served; Finding: There will be no visible separation between the retail building and the off-site parking. b. The parking shall be within 400 feet of a building entrance of the use being served; Finding: The parking is contiguous to the subject site. c. The parking area shall be under the same ownership and merged into a single tax parcel as the site served, under public ownership or the use of the parking facilities shall be protected by a recorded instrument, acceptable to the city; Finding: Staff is recommending a cross parking and cross access agreement be recorded against the property. d. Failure to provide on-site parking shall not encourage parking on the public streets, other private property or in private driveways or other areas not expressly set aside for such purposes; and Finding: There will be ample parking to serve the site. e. The off-site parking shall be maintained until such time as on-site parking is provided or an alternate off-site parking facility is approved by the city as meeting the requirements of this ordinance. Finding: The off-site parking will be maintained and protected through the cross parking agreement. Seven Forty One Crossing Second Addition. Planning Case No.OS-13 April 19, 2005 Page 5 COMPLIANCE TABLE - BN DISTRICT Ordinance Lot 1 Lot 2 Lot Area 15,000 sq. ft 203,998 SF 25,749 SF Lot Frontage 75 361 130 Lot Depth 150 554 191 Hard surface 65% 64.5% 62.3% Coverage SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the BN, Neighborhood Business District and the zoning ordinance. 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 the comprehensive plan and subdivision ordinance. 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; 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; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Seven Forty One Crossing Second Addition. Planning Case No. 05-13 April 19, 2005 Page 6 Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate a retail building. 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. Finding: The proposed subdivision will have access to public utilities and streets. RECOMMENDA TION "The Planning Commission recommends approval of Preliminary plat 05-13 for the subdivision of 5.2 acres into two lots, as shown on the plans dated Received March 18,2005, subject to the following conditions: 1. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $74,089. 2. Lot 2, Block 1, Seven Forty-One Crossing Second Addition is subject to a park dedication fee as a condition of approval for subdivision. Park dedication fees for Lot 2 will total $5900 (25,749 square feet or 0.59 acre X $10,000 per acre). 3. The applicant shall provide a cross-parking agreement in favor of Lot 2. The agreement shall specify that Lot 1 will have access to 24 parking spaces located on Lot 2. 4. A cross access agreement shall be recorded across Lot 1 for the benefit of Lot 2." Seven Forty One Crossing Second Addition. Planning Case No.OS-13 April 19, 2005 Page 7 ATTACHMENTS 1. Findings of Fact. 2. Application. 3. Affidavit of Mailing Notice of Public Hearing. 4. Staff Report dated November 8, 2004 - Planning Case No. 04-34. 5. Plans dated Received March 18,2005. g:\plan\2005 planning cases\05-13 seven forty-one crossing second addition\staff report pc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Seven Forty-One Second Addition - Planning Case 05-13 On April 19, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to Subdivide 5.2 acres into two lots, Seven Forty- One Crossing Second Addition. The Planning Commission conducted a public hearing on the proposed development 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 BN, Neighborhood Business District. 2. The property is guided in the Land Use Plan for Commercial. 3. The legal description of the property is Lots 1 and 2, Block 1, Seven Forty-One Crossing Second Addition. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a) The proposed subdivision is consistent with the zoning ordinance; b) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c) 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; d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e) The proposed subdivision will not cause environmental damage; f) The proposed subdivision will not conflict with easements of record; and g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. 5. The planning report Planning Case 05-13, dated April 19, 2005, prepared by Sharmeen AI-Jaff, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat. ADOPTED by the Chanhassen Planning Commission this 19th day of April, 2005. CHANHASSEN PLANNING COMMISSION BY: Uli Sacchet, Chairman ~ .. oS-(3 CITY OF CHANHASSEN RECEIVED CITY 0 F CHANHASSEN CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION MAR 1 8 2005 CHANHASSEN PLANNING DEPT . .' c!~ APPLICANT: THOMAS HODORFF OWNER: PBK INVESTMENTS ATTN: BRIAN PELLOWSKI ADDRESS: 9063 L YNDALE AVE SO ADDRESS: 4969 OLSON MEMORIAL HWY BLOOMINGTON, MN 55420 GOLDEN VALLEY, MN 55422 TELEPHONE (Day time) 952-884-5341 TELEPHONE: _ Comprehensive Plan Amendment _ Temporary Sales Permit - Conditional Use Permit - Vacation of ROW/Easements - Interim Use Permit - Variance _ Non-conforming Use Permit - Wetland Alteration Permit _ Planned Unit Development* _ Zoning Appeal _ Rezoning _ Zoning Ordinance Amendment _ Sign Permits _ Sign Plan Review _ Notification Sign - Site Plan Review* ~ Escrow for Filing Fees/Attorney Cost** ~OO~ ($50 CUP/S~~~N AR/WAP/Metes and Bounds, $400 Minor SUB) l Subdivìsion* t656 .00 300 TOTAL FEE $ q 73ð , ðó .250 i1t- A list of all property owners within 500 feet of the boundaries of the property must be included with the - '" application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application, SCANNED 133/17/213135 23:53 PBK INVESTMENTS ~ 99528845344 NO. 153 GJø2 PROJECT NAME SEVEN FORTY ONE CROSSING SECOND ADDITION, LOCATION 2401-2497.2499-2503 HIGHWAY 7 LEGAL DESCRIPTION Lot 2, BlocK 1. SEVEN FORTY ONE CROSSING. accorainQ to the recorded plat !h~r~f. and is situated in Carver COUfltV. Minnesota. TOTAL ACREAGE Site area = 229,747 square feet = 5.274 acres. WETLANDS PRESENT YES X NO -- PRESENT ZONING BN (Neí5ihbomood Business) REQUESTED ZONING PRESENT LAND USE OESIGNATJON REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST ThIs application must be completed in full and be typewritten or clearly printed and must be accompanie" by :1)lIlnforr"a~lon and plans required by applica\:)le City Ordinance provisions. Before filing thìs application. YOiJ should confer with the P1anni"Q Department to determine the $pecific ordinance and procedural requirements applicable to your application A determination of completeness of the application 5hall be made within ten business days of applícation submittal A wr,t!e!1 notice of application deficiencies shall be mailed to the applicant within ten bUSIness days of application This is to oert1fy that I am making application for the deseritJed action by the City and that I am responsibk: for COmplying with all City requirements wìth regard to \his request. This application should be processed in my name and I am the party whom the Cfty Should contact regéJrding any matter pertaining to this appJication. I have att~lt;hed a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title. Abstract of Titl@ or purchase agreel'l'lel"lt) or am the authorized ~rson to fTlake thís apJ'lication êlnd the fee owner has also signed this application I Will Keep myself informed Of the deadlines for submiSSion of material and the progress of this applicatiot"l, ) further understand that additional fees may be charged for COnSulting fees. feasibility studies, etc. with an estimate prier tc a:"lY al,l(horlzation to proceed with the study The documents and information ¡ halfe submitted are (rVe a"ò correct to ¡he ~Sl of my knowledgè The city hereby natlfi-es the applicant t/'lat development review cannot bê- cOI'npleted withìn 60 days due to pubí,C ))e..r,,,f.' requirements and agency review. Therefore. the city Ie. notifying the applicant that the city reQuires an automatic 60 day' extension for development review Deveropment review snail be completed within 120 days unless addttlona¡ t'eview extensions are approved by the applicant. -:5 -/g--0S- Date c.3 .;1¡-1;\'-- Date - Application Received on Fee Paid Receipt No. The applicant should contact staff for a çopy of the staff teport which will be available on Friday prior to the meeting. If r"Iot contacted, a copy of the report wilf be mailod to the ¡¡pplicant's addretflS. C·d V17ESH'9g+~S6 Sè:10^3^èlns-rSH ¡-¡Od~ nvsv·UI se'-6\-~ SCANNED CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 7, 2005, 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 Seven Forty-One Crossing Second Addition - Planning Case No. 05-13 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this ~ day of 1-+(11'1' I ,2005. ~~, -rl~~cv<"4'< '--" Notary Pubh I 0) c ;; CI> CI> ~ 0)5 c·- .- 0 '- 0 fa CI> E :I:E .~ 0 .cU ::::JO) a.C .....C o C CI> fa (.)- _a. 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This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, traclòng or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features, If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third ---~- Disclaimer This map is neither a legally recorded map nor a sUNey and is not intended to be used as one. This map is a compilation of records, information and data located in vanous city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only, The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, traclòng or any other purpose requiring exacting measurement of distance or direction or precision fn the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107, The preceding disclajmer is provided pursuant to Minnesota Statutes §466.03, Subd, 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all clajms brought by User, its employees or agents, or third Public Hearing Notification Area (500 feet) Seven Forty-One Crossing Second Addition Planning Case No. 05-13 State Hwy 7 7 & 41 CROSSINGS CENTER L TD 3800 AMERICAN BLVD W BLOOMINGTON MN 55431 RICHARD D BLISS & GAIL ANN PRATT 6400 MELODY LN EXCELSIOR MN 55331 MICHELLE M CURTIS 2446 64TH ST W EXCELSIOR MN 55331 BENJAMIN & H GOWEN 6440 HAZELTINE BLVD EXCELSIOR MN 55331 FRANK R & THERESA M GUST AFSON 6250 CHASKA RD EXCELSIOR MN 55331 ATIA B IBRAHIM & SHAHRIAR RAHMAN 6421 ORIOLE LN EXCELSIOR MN 55331 STEPHEN M & KATHRYN M MACH 6451 ORIOLE AVE EXCELSIOR MN 55331 MARY BETH G MOZE 6461 ORIOLE AVE EXCELSIOR MN 55331 NANCY JO PERKINS-BROOKS 2448 64TH ST W EXCELSIOR MN 55331 LESLIE A POL TRACK & ALICE M HAUSLADEN 164 DOUD DR LOS ALTOS CA 94022 7 & 41 LLC 3800 AMERICAN BLVD W SUITE 760 BLOOMINGTON MN 55431 GARY S BRUNSVOLD 6287 CHASKA RD EXCELSIOR MN 55331 DONALD H & ANNETTE K DUEFFERT 2451 64TH ST W EXCELSIOR MN 55331 TIMOTHY C & ANN S GRAHAM 2300 MELODY HILL RD EXCELSIOR MN 55331 DALE JAMES & KELLY LEE HANCE 6480 ORIOLE AVE EXCELSIOR MN 55331 IND SCHOOL DIST 276 5621 HIGHWAY 101 MINNETONKA, MN 55345 JODY BERNADETTE MAJERES 6450 ORIOLE AVE EXCELSIOR MN 55331 HOWARD G & MICHELLE N NELSON 2445 64TH ST W EXCELSIOR MN 55331 WAYNE PETERSON & KELLY WATSON 2444 64TH ST W EXCELSIOR MN 55331 WARD ALLEN & SANDRA L PUTNAM 2862 ASPEN LAKE DR NE BLAINE MN 55449 GEORGE & BEULAH G BAER 6300 CHASKA RD EXCELSIOR MN 55331 JOHN T & ANNE C CARTER 6390 MELODY LN EXCELSIOR MN 55331 MARK S & LORENA M FLANNERY 2350 MELODY HILL RD EXCELSIOR MN 55331 MARK P GUSTAFERRO & BARBARA-ANN C GUSTAFERRO 6366 MELODY LN EXCELSIOR MN 55331 MATTHEW R HANSON & JENNIFER M HANSON 6378 MELODY LN EXCELSIOR MN 55331 SHAWN P & JOANNE K KILLIAN 2449 64TH ST W EXCELSIOR MN 55331 MYKE L & LYNN S MILLER 6405 MELODY LN EXCELSIOR MN 55331 RUSSELL J & LYNN F PAULY 2447 64TH ST W EXCELSIOR MN 55331 BRADLEY J & REBECCA M PLUTH 6440 ORIOLE AVE EXCELSIOR MN 55331 GARY G & JANET REED 2461 64TH ST W EXCELSIOR MN 55331 GARY S & PENNIE K REED 2471 64TH ST W EXCELSIOR MN 55331 RICHARD G & K SCHMIDT 5136 WILLOW LN HOPKINS MN 55343 C E JR & MARJORIE M WOOSLEY CHARLES E III &CORRINE WOOSLEY 4783 HAMILTON RD HOPKINS MN 55343 ROR INC 2461 64TH ST W EXCELSIOR MN 55331 SPEEDWAY SUPERAMERICA LLC C/O PROPERTY TAX RECORDS 539 MAIN ST S FINDLAY OH 45840 WILLIAM M ZIEGLER 6441 ORIOLE AVE EXCELSIOR MN 55331 DONALD J & EILEEN RUOTSINOJA 6470 ORIOLE AVE EXCELSIOR MN 55331 DAVID L & MARY JO WILLADSEN 2325 MELODY HILL RD EXCELSIOR MN 55331 THOMAS HODORFF 9063 L YNDALE AVE SO BLOOMINGTON MN 55420 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us :LéJ- MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen AI-Jaff, Senior Planner ðU " '~y DATE: November 8, 2004 SUBJ: Site Plan Approval and Conditional Use Permit for Chanhassen 7 & 41 Retail Center - Planning Case No. 04-34 EXECUTIVE SUMMARY Request for site plan approval to construct a 6,400 square-foot retail building and a conditional use permit to allow multiple buildings on a single lot - The Chanhassen 7 & 41 Retail Center is zoned BN, Neighborhood Business District. ACTION REQUIRED City Council approval requires a simple majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Co"" fI1llll, , ·,s"si,o" ,n,', ,.·,h,'.,el".,d,·" "a", p,',', u,',',b" ·,I,l,·.C,',.,.",h.""earing", 0,', n,·,',·,., 0", <"c,t, o'.,b"e..r "1,,.,9, ".""",.,2",0,04, " ,,', to,', " review the .' .', - . _ _ _ ____-_': d'-- __'_H_,_" _ ','" _ ,,',_ proposed site plan and conditiona1µsepef1llÎt. , Thè Planhing Commission voted 6 to o to approve theproposedrequest The sUmmary and verbatim minutes are item la in this packet. Staff and the Planning C0111111isšionrCcomrticnd'adOptiOnofthemotionapprovit}g the site plan and conditional use permit as specified in thestaffrepört4ated October 19, 2004. ATTACHMENTS 1. Planning Comn1Ìssion StaffR,eportDatedOctober19,. 2004. 8CANH!O Tbe City 01 Chanhassen · A growing community with clean lakes, Quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. .......' PC DATE: October 19, 2004 ...-111 CC DATE: November 8, 2004 CITY OF CHANHASSEN REVIEW DEADLINE: November 16, 2004 CASE #: Planning Case 04-34 BY: AI-Jaff ......... <, ....... , ~ Z < u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ rJ:J STAFF REPORT PROPOSAL: Request for site plan approval to construct a 6,400 square-foot retail building and a conditional use permit to allow multiple buildings on a single lot - Chanhassen 7 & 41 Retail Center. LOCA TION: Lot 2, Block 1, Seven Forty One Crossing. Southwest comer of the intersection of Highways 7 and 41. APPLICANT: Flip Jam LLC 4969 Olson Memorial Highway Golden Valley, MN 55422 (763) 545-1672 PRESENT ZONING: BN, Neighborhood Business District 2020 LAND USE PLAN: Commercial ACREAGE: 5.25 acres SUMMARY OF REQUEST: Request for site plan approval to construct a one-story, 6,400 square- foot retail building and a conditional use permit to allow more than one building on a single lot on a 5.25 acre lot zoned BF. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. 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 has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Location Map Chanhassen 7 & 41 Retail Center City of Chanhassen Planning Case No. 04-34 Subject Site Somme Proposed Building Location urra Chanhassen 7 & 41 Retail Center Planning Case No. 04-34 October 19, 2004 Page 2 PROPOSAL/SUMMARY The applicant is requesting site plan approval for the construction of a 6,400 square-foot multi- tenant retail building. The building is part of the 7 & 41 Retail Center. It is an extension of the existing building and will be located on the same lot but is proposed to be detached. The zoning ordinance permits multiple buildings on a single lot under a conditional use permit. The site is located southwest of the intersection of Highways 7 and 41. It is zoned BN, Neighborhood Business District. A retail building is a permitted use in the BN District. Access to the site is via a right-in only from Highway 7, and from Highway 41 across an existing parking lot for the 7 & 41 Shopping Center. The site plan for the retail building is well developed and is a detached extension of the existing retail center. It utilizes the exact same exterior materials. The building is proposed to utilize face brick on the north, east, and west elevations, and combination of face brick and rock face block along the west elevation. Two horizontal bands rap around the building. Existing parking for vehicles is located east of the building. Typically, staff works with the applicant to screen parking lots from views. However, the site design for this shopping center is established and it appears that the proposed location for the building is the logical one. The parking calculations provided by the applicant meet minimum requirements of the zoning ordinance. The landscaping plan meets the minimum requirements of the ordinance. Staff regards the project as a reasonable use of the land. Based upon the foregoing, staff is recommending approval of the site plan and conditional use permit, without variances, with conditions. One trash enclosure is shown located north of the building. The enclosure is proposed to be built of materials matching the building. Staff regards the project as a well designed development. The overal1 design is sensitive to the historic image of the area. Based upon the foregoing, staff is recommending approval of the site plan with conditions outlined in the staff report. BACKGROUND On April 25, 1988, the City Council approved the first reading for the rezoning of the property at the southwest comer of Highways 7 and 41 for 01, Office Institutional to BN, Neighborhood Business District. On the same date, the Council also approved the subdivision of the property into 3 commercial lots. Lot 1 contains a Video Update and other tenants. Lot 2 contains the 7 & 41 Shopping Center and Lot 3 contains the SuperAmerica Gas Station. The subject building is proposed to be located on Lot 2 as an extension of the shopping center. Chanhassen 7 & 41 Retail Center Planning Case No.04-34 October 19, 2004 Page 3 SEVEN FORT'/' ONE CROSSING CADOC. n"~· ~¡ : 1: [ , ! oGo{. I I ~ø\.J .___..__ 1 I ~ ._--'"._~ I J 2 J, I ~ '1 ..~ . "1'\"'> > I~~ .... ð.Ÿ-f'4 , I;~ . 'CO-,~~~;;~~~:~ ,.' i ! .J ¡!, L n. ." ì" ! .:~ ¡ HI: Î'i I ~' '. / ~ !;rj~ ~ ~ . h ¡~ ~ I . t¡.11 1. I ¡"', . ;;! I 'I ,-""'.. . fl I~-T---- I ...-.-..... . " i ~o~_:~;;~~:~~~~~_~~~~=-~n~ t..__... I r I I I ~! : j; -: I' , ,I_n ... _ u______un -·1 .:.-: t",,· 11 n "" "'" Ø> .....r ..- hrt Ë$:.S;C~fr.:::~ . -.....-...--...---... ~ -~._--- ----...--, , m ~ -<-~---"- _.._0____"- ------- ~ -~~~~.- S1EET2OF 2 SHEETS GENERAL SITE PLAN/ARCHITECTURE The proposed one-story multi-tenant retail building, with an area of 6,400 square feet, will be situated northwest of the existing 7 & 41 Retail Center, west of Highway 41 and south of Highway 7. The site is bordered by Highway 7 and Video Update to the north, SuperAmerica to the east, a residential neighborhood to the west, and 7 & 41 Crossing Shopping Center to the south. Access to the building is proposed from Highway 7 through a right-in only, and from Highway 41, through the shopping center parking lot. Parking will be located to the east of the proposed building. The building is located 35 feet from the north, 440 feet from the east, 240 feet from the south, and 70 feet from the west property lines. Materials used on the building will consist of face brick on the north, south, and east elevations, and a combination of face brick and rock face block along the west elevation. The face brick was utilized to match the materials used on the shopping center building. Two horizontal bands wrap around the structure. The west elevation will be hidden from views through existing vegetation and a berm. The front of the building is defined by raising the middle third of the front elevation by two feet. The building's architecture is suitable for a shopping center and mimics the existing center. A parking lot lighting plan is required. The current plan shows the existing light fixtures. The plan should incorporate the light style, height, and foot candle. Staff is also requiring a more detailed sign plan which should include lighting method. The site plan shows the trash enclosure located north of the building. The applicant shall use materials to match the building when constructing the trash enclosure. Chanhassen 7 & 41 Retail Center Planning Case No.04-34 October 19, 2004 Page 4 Rooftop equipment and mechanical equipment are not shown on the plans. All equipment must be screened from views. 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 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 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 Chanhassen 7 & 41 Retail Center Planning Case No. 04-34 October 19, 2004 Page .5 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 zoning ordinance and the comprehensive plan. The site design is compatible with the surrounding development. It is functional and harmonious with the approved development for this area. ARCHITECTURAL COMPLIANCE Size, Portion and Placement Entries: The building is an extension of an existing retail center. The front of the building is defined by raising the middle third of the front elevation by two feet. The building's architecture is suitable for a shopping center and mimics the existing center. Articulation: The building incorporates adequate detail and has been designed tastefully. The architectural style is repetitive of the existing center. The building will provide a variation in style through the use of brick, rock face block, and glass. The building utilizes exterior materials that are durable and of high quality. Samples of the materials as well as a rendering will be available at the meeting. Signs: All signage must meet ordinance requirements. A detailed sign plan which includes the lighting method will also be required. Individual channeled letters with the option of back lighting are permitted. Material and detail High quality materials - accent material may occupy up to 15 percent of the buildings façade. The building will utilize brick as the main material. Rock face block is an accent material although it is pennitted as a main building material. Color The colors chosen for the building are earth tones. The selection is identical to the existing buildings. Height and Roof Design The building falls within an established retail center. The roofline is defined by raising the middle third of the front elevation by two feet. All roof top equipment must be screened from VieWS. Facade Transparencv All façades viewed by the public contain more than 50 percent windows and/or doors. Chanhassen 7 & 41 Retail Center Planning Case No.04-34 October 19,2004 Page 6 Loadin2 Areas. Refuse Areas. etc. The trash enclosure is located north of the building. It will utilize the same materials as the building. Recycling space and other solid waste collection space should be contained within the same enclosure. CONDITIONAL USE PERMIT Multiple buildings in a non-residential district are permitted as a conditional use permit. The following constitutes staffs review of this proposal against conditional use permit standards. GENERAL ISSUANCE STANDARDS 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. FINDING - The site contains an existing retail center and this building is acting as a detached addition. The proposed use will not create any significant or unexpected impacts with the incorporation of staff's conditions. 2. Will be consistent with the objectives of the City's comprehensive plan and this chapter. FINDING - The proposed use will be consistent with the City Comprehensive Plan. It also meets the standards described in the site plan. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. FINDING - The architecture and materials used on the building will be identical to the existing retail center. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. FINDING - There will be no measurable impacts to the existing or planned neighboring uses. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. FINDING - The site will be able to accommodate the proposed use. Chanhassen 7 & 41 Retail Center Planning Case No. 04-34 October 19, 2004 Page 7 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. FINDING - Staff is not aware of any excessive requirements for public facilities. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. FINDING - This site will not create adverse impacts to persons, property or the general welfare of the area. The proposed use will comply with City ordinances. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. FINDING - The site is accessible from Highways 7 and 41. It is an addition to an existing center and staff does not anticipate any major changes in traffic patterns. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. FINDING - The development of this site will result in the loss of some trees, however, the applicant will replace the lost canopy. 10. Will be aesthetically compatible with the area. FINDING - The proposed building will be compatible with the area. 11. Will not depreciate surrounding property values. FINDING - The use will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. FINDING- N/A. Based upon the foregoing findings, staff is recommending that the conditional use permit be approved contingent upon approval of the site plan application. Chanhassen 7 & 41 Retail Center Planning Case No. 04-34 October 19, 2004 Page 8 WETLANDS Upon review of the plans, it is concluded that there are no wetlands on this site. GRADING. DRAINAGE & EROSION CONTROL Minimal grading will be required for this project to elevate the proposed building pad to 995.42. The site was previously rough graded for a future retail building such as the one being proposed. The only concern with the proposed grading is the low area on the west side of the building. The applicant must show the location/elevation of an emergency overflow point that is 1.5-feet lower than the proposed building elevation. This will greatly minimize the potential for flooding to occur should the proposed catch basin along the west side of the building not function. The building drainage will be collected by both existing and proposed catch basins along the east, west, and south sides of the proposed building. Also, the plans propose to abandon a portion of an existing storm sewer line and reroute it around the building. The site drainage for the entire retail center is routed to an existing pond south of the property. This pond has been previously sized for development of the entire retail center. As such, no additional ponding improvements are required with this development. Storm sewer sizing calculations will be required, however, at the time of building permit application. The proposed storm sewer must be sized for a lO-year storm event. Proposed erosion control includes catch basin inlet protection. These devices protect existing catch basins from allowing construction-related sediment into the stormwater and downstream ponds. Staff agrees with this but the applicant must use the City-approved devices shown on City Detail Plate No. 5302A. UTILITIES The plans propose to abandon a portion of an existing sanitary sewer line and reroute it around the proposed building expansion area. A new sewer line will replace the existing line. The applicant is also proposing to extend a new water service from an existing watermain on the west side of the site. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. Sanitary sewer and water hookup charges will be applicable for the new building. The 2004- trunk hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit for watermain. The 2004 SAC charge is $1,425 per unit. All of these charges are based on the number of SAC units calculated by the Met Council. These charges will be collected at the time of building permit issuance. Sanitary sewer andwatermain hookup fees may be specially assessed against the parcel. Chanhassen 7 & 41 Retail Center Planning Case No.04-34 October 19, 2004 Page 9 STREETS No major street improvements have been proposed with this project. The existing parking lot and drive aisles will serve the site. Nine parking spaces will be eliminated, however, due to the building expansion. PARKING TABULATIONS The City's parking ordinance requires: . Retail stores and service establishments - One (1) parking space for each two hundred (200) square feet of gross floor area. The total area between the existing and proposed retail center addition is 32,409 square feet. This translates to 162 spaces. The site will have a total of 200 parking spaces. LANDSCAPING Minimum requirements for landscaping include 585 sq. ft. of landscaped area around the parking lot, 2 trees for the parking lot, and bufferyard plantings along the west property line. The applicant's proposed as compared to the requirements for l~mdscape area and parking lot trees is shown in the following table. Required Proposed Vehicular use landscape area 616 sq. ft. >585 sq. ft. Treesllandscape area 2 canopy trees 2 canopy trees East property line 3 canopy tree 3 canopy tree Bufferyard C - 100' 6 understory trees 6 understory trees 9 shrubs >9 shrubs The applicant meets the landscaping requirements. The existing vegetation along the west property line will mostly be preserved and provide the requisite buffer. LIGHTING The applicant has not submitted photometric calculations for the site. The majority of the light fixtures are in existence today. Only shielded fixtures are allowed as required by ordinance. A detailed lighting plan shall be submitted. SIGNAGE The applicant is showing wall signs on the east, south and north elevations. Signs will only be permitted along the east elevation. All signs must meet the minimum requirements of the ordinance. Chanhassen 7 & 41 Retail Center Planning Case No. 04-34 October 19, 2004 Page 10 The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a building permit. COMPLIANCE TABLE - BN DISTRICT Ordinance Retail Building Building Height 1 story 1 story Building Setback N-35' E-15' S-15' W-50' N-35' E-440 S-240' W-70' Parking stalls 162 stalls 200 stalls Parking Setback N-O' E-O' S-O' W-50' N-O' E-O' 5-0' W-170' Hard surface Coverage 65% _%* Lot Area 15,000 sq. ft 5.25 acres * A condition has been incorporated into the staff report requiring the applicant to provide a survey signed by a registered land surveyor verifying that the hard surface coverage on this site does not exceed 65%. The applicant's engineering firm did preliminary calculations. It appears that the hard surface coverage is at 64.66%. The condition requiring the applicant to provide a registered land survey signed by a registered land surveyor will remain as a condition of approval for the site plan. RECOMMENDATION "The Planning Commission recommends approval of City Council approves Site Plan 04-34 for a 6,400 square-foot retail building and a conditional use permit to allow multiple buildings on a single lot, as shown on the plans dated Received September 17, 2004, subject to the following conditions: 1. Applicant shall preserve all existing trees outside of the grading limits. Any trees removed outside of the limits will be replaced at a rate of 2: 1 diameter inches. 2. Applicant shall install tree preservation fence at the edge of grading limits along the west property line and around the landscape island in the parking lot. 3. All plans must be signed by a registered Civil Engineer in the State of Minnesota. Chanhassen 7 & 41 Retail Center Planning Case No. 04-34 October 19,2004 Page 11 4. Show the dimensions of the new parking stalls on the site plan. The new parking stalls are required to be 9 feet wide. . 5. Add the latest City Standard Detail Plate Nos. 1006,2101,3101,3102,5300, 5302A. 6. On the plans, show the proposed water pipe CL52 and sewer class SDR35. 7. On the grading plan: a. Add a benchmark. b. Add a legend. c. Show the parking stall grades for the accessible stall. The maximum slope must not exceed 2%. 8. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 9. The applicant must show the location/elevation of an emergency overflow point along the west side of the building that is 1.5-feet lower than the proposed building elevation. 10. Storm sewer sizing calculations will be required at the time of building permit application. The proposed storm sewer must be sized for a lO-year storm event. 11. Sanitary sewer and water hookup charges will be applicable for the new building. The 2004 trunk hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit for watermain. The 2004 SAC charge is $1,425 per unit. All of these charges are based on the number of SAC units calculated by the Met Council. These charges will be collected at the time of building permit issuance. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel. 12. Fire Marshall conditions: a. Yellow curbing and "no parking fire lane" signs will be required. Contact the Chanhassen Fire Marshal for exact location of yellow curbing and location of signs to be installed. b. The builder must comply with Chanhassen Fire DepartmentlFire Prevention Division Policies 34-1993, 36-1994, 29-1991, 07-1991, 06-1991 and 04-1991. Copies enclosed. 13. Building Official Conditions: a. The building is required to be protected by automatic fire extinguishing systems. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Submit a site plan indicating the location of all property lines. d. An eight foot access aisle is required for the accessible parking space Chanhassen 7 & 41 Retail Center Planning Case No. 04-34 October 19, 2004 Page 12 e. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. f. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 14. All roof top equipment shall be screened. 15. The applicant shall enter into a site plan agreement with the City and provide the necessary financial securities. 16. Wall signs shall be permitted on the east elevation of the building only and must comply with Neighborhood Business District requirements. The applicant must obtain a sign permit prior to erecting any signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. 17. The applicant shall provide a survey signed by a registered land surveyor verifying that the hard surface coverage on this site does not exceed 65%. 18. A detailed lighting plan is required and only shielded fixtures are allowed as prescribed by ordinance." ATTACHMENTS 1. Findings of Fact. 2. Application. 3. Affidavit of Mailing Notice of Public Hearing. 4. Memo from Mark Littfin, Fire Marshal, dated September 29,2004. 5. Plans dated Received September 17, 2004. g:\plan\2004 planning cases\04-34 - chanhassen 7 & 41 retail\site plan report cc.doc