CC Minutes 5-12-04
City Council Meeting -_y 12, 2004
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ot4- 2J
preserved, surveyed and staked in accordance with the City's wetland ordinance. The
applicant shall install wetland buffer edge signs, under the direction of City staff,
before construction begins and will pay the City $20 per sign.
4. All structures shall maintain a 40-foot setback from the edge of the wetland buffer.
5. The proposed development shall maintain existing runoff rates. Storm water
calculations shall be submitted to staff to ensure runoff rates will not increase as a
result of the proposed development. The applicant may work with the Arboretum
to ensure their concerns are addressed.
6. Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, buffer areas used for mitigation credit and storm water ponds.
7. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
All exposed soil areas shall have temporary erosion protection or permanent cover
year round, according to the following table of slopes and time frames:
Type of Slope
Time
Steeper than 3: 1
10:1 to 3:1
Flatter than 10: 1
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such
as a curb and gutter system, storm sewer inlet, temporary or permanent drainage
ditch or other natural or man made systems that discharge to a surface water.
8. Street cleaning of soil tracked onto public streets shall include daily street scraping
and street sweeping as-needed.
9. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies, e.g. Minnehaha Creek Watershed District, Minnesota Pollution Control
Agency, Minnesota Department of Natural Resources (for dewatering) and Army
Corps of Engineers and comply with their conditions of approval."
All voted in favor and the motion carried unanimously with a vote of 5 to O.
REQUEST FOR SITE PLAN APPROVAL FOR A 13.000 SQUARE FOOT
COMMERCIAL BUILDING WITH REQUESTS FOR A PARKING SETBACK
VARIANCE AND A SIGN VARIANCE ON 1.9 ACRES ZONED PLANNED UNIT
DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 5
AND GALPIN BOULEVARD. BEAR CREEK CAPITAL. LLC. AND
CHANHASSEN DEVELOPMENT. LLC. CVSIPHARMACY. PLANNING CASE
NO. 04-21.
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Bob Generous: Thank you Mr. Mayor, council members. The applicant, Bear Creek
Capital is proposing a pharmacy convenience store at the corner of Highway 5 and
Galpin Boulevard. This site is directly in front of the Kwik Trip property. If you noticed
the property line, they're cantilevered on Highway 5. That is part of the reason for the
request for the setback variance. This line is in place where they comply with the design
standards for setback for the parking lot. At this point they measure over here, they're 30
some feet off. As part of their submittal staff did recommend to the applicant that they
orient their building so that the doorway was facing Highway 5. This necessitates the rest
of the site layout. All the parking people want to be close to an entrance for retail uses.
This is actually their second submittal. They have revised the drive thru area on the north
side. Originally they had the traffic connecting to the north east driveway point but
Planning Commission felt that this created additional conflicts there and so the applicant
came in and segregated that. We believe that this site and their proposal works well and
will be a good addition to the community. We are recommending approval of the site
plan with the variance for the parking setback. They did have a second variance to
increase the pylon sign to I believe it was 24 feet. As part of the design standards they
approved a 15 foot pylon on the site that was to be shared by the two users. And then
each site would get their individual monument signage. They have revised their
monument sign location to meet, well actually it exceeds their setback. They've also
revised the architectural detailing on the building to comply with all requirements of the
ordinance. However staff believes they have sufficient visibility on that corner with the
existing signage. The building with the wall signage and the monument signage that
there's not a need to deviate for the pylon sign and we're recommending denial of that.
With that I'd be happy to answer any questions.
Mayor Furlong: Thank you. Questions for staff.
Councilman Lundquist: Bob, you talked about if the applicant were to turn their building
essentially 90 degrees from where it is now, that that would alleviate the setback
requirement. Is that what you were referring to?
Bob Generous: Yes, if they could reorient the building then they'd have the parking on
the north and the west side. Their drive thru would be facing Highway 5. Or in that
comer.
Councilman Lundquist: The drive thru would be.
Mayor Furlong: Can you show us please?
Bob Generous: Basically they'd... this building.
Councilman Lundquist: Oh, I thought it was 90 degrees the other way. I'm sorry.
Didn't you say the front door, where's the front door?
Bob Generous: The front entrance is right here going out to Galpin and 5.
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Councilman Lundquist: Okay, so if that faces 5, and the drive thru is in the corner of
Galpin and K wik Trip, right?
Bob Generous: Yes. Drive thru's up here. If you could flip it, they'd have their parking
up here and parking here. They just have this little area down on Highway 5 side. Or
this little area.. .
Councilman Peterson: But then you'd see the drive thru.
Bob Generous: Yes. Plus we want to have that sense of life facing the busy highway.
Councilman Peterson: So you're not recommending that they turn it around?
Bob Generous: No.
Councilman Labatt: You don't want them to flip...
Bob Generous: No. We want them to keep that orientation onto Highway 5.
Councilman Lundquist: Okay, fair enough. Okay.
Mayor Furlong: Thank you. Other questions for staff? No?
Councilman Labatt: Mayor.
Mayor Furlong: Councilman Labatt.
Councilman Ayotte: Want to put a median in?
Councilman Labatt: Can I? Just talking the drive thru real quick. What's the length and
what's the potential number of cars that will be stacked?
Bob Generous: They have stacking for 3 cars in each of the lanes on the north side.
Their traffic study showed that that was the maximum they saw in their drive thru in
other operations.
Councilman Labatt: Have you ever seen the Walgreen's on Blake Road and Highway 7?
Bob Generous: No.
Councilman Labatt: Okay. Well I have. It's granted, obviously they have two stalls
here. Right?
Bob Generous: Two, yes. One is, the northerly one is just for dropping off the
prescription. The southerly one is where they pick up the medications. And it's limited
to only to prescriptions. They can't get anything else there.
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Councilman Peterson: No coffee?
Bob Generous: No coffee.
Councilman Peterson: Unless it's prescription.
Councilman Labatt: My only question is the number of cars that can potentially be
stacked there and what happens with it exceeds 3 and do they, don't get me wrong. I'm
not opposed to this project or the drive thru. I just want to make sure that we don't
create.
Bob Generous: Then they would potentially back out into that easterly drive aisle.
However, that's a secondary access. Most people are going to come in the northwest
comer. Where actually the Planning Commission wanted to see if there were ways to get
more people to go up that way. But we don't know.
Councilman Labatt: The sign? Will it be a flasher? Free coffee.
Mayor Furlong: Bob, the flow for that drive thru, as we're looking at this picture, starts
at the right and flows towards the building and out the mid egress point there. If it's
going to fill up, it's going to fill up there. Either back below or back up into the private
drive off of Galpin.
Bob Generous: Yes. So we'll turn here or come up that way.
Mayor Furlong: Okay. Okay, any other questions for staff on this one? No? Is there
anybody representing the applicant here this evening that would like to address the
council? This would be an opportunity. Sure.
Tim Baird: Tim Baird with Bear Creek Capital.
Mayor Furlong: If you could come up to the microphone, just so it's easier for the
recorder.
Tim Baird: Tim Baird with Bear Creek Capital and the only two things I really wanted to
point out was, we've been doing these for about 8 years now. We've done about 75 of
them and I can tell you that I've never seen more than 3 cars. I'd love to know there
were more but I've never seen more than 3 cars. That's one. Two, I think this
orientation really works out well and we've agreed to do some berming and that to really
shade that. And three, we only, the way that CVS does their truck delivery, they only
have one large truck a week and then they actually, that comes in after hours so they've
got that down pretty much to a science. It's just, you mentioned, I heard someone
mentioned, I don't know if it was Bob, the life concept. They really are big on that and
try not to overload a site so that was it.
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Mayor Furlong: Okay, thank you. Any questions? No? Thank you Tim. If there are no
other questions for staff I'll bring it back to council for comment. Or representative from
Planning Commission, Commissioner Lillehaug, any comments or additional on this one?
Thank you. Bring it back to council for comments.
Councilman Ayotte: Looks good.
Councilman Peterson: I agree with staff 100 percent.
Councilman Labatt: I know my mother's excited about this place.
Councilman Lundquist: I can't believe Craig's going to approve a drive thru.
Mayor Furlong: I think a comment, and I'll commend staff on this, and it's with the
orientation. One of the improvements that we have here, and you mentioned the drug
store at 7 and Blake Road where that drivethru faces the intersection. You see these two
brick walls and it's the same thing with the Walgreen's at 5 and County 4. This is going
to look nice and people are going to know, it's going to be a great addition to our
residents in the western part.
Councilman Labatt: You bet it will.
Mayor Furlong: I think it's great so. So congratulations, thank you. Tim and others and
Planning Commission for working through the issues here. With that, we have, is there
any other discussion or comments? Very good, with that is there a motion?
Councilman Lundquist: I would move that the City Council approve site plan planning
case #04-21, plans prepared by Anderson Engineering dated May 5th, revised 5-13, 5-20,
and 6-24 in the packet with conditions 1 through 29.
Mayor Furlong: Thank you. Is there a second?
Councilman Ayotte: Second.
Councilman Labatt: Conditions 1 through 29? Am I in the wrong one?
Mayor Furlong: Yep.
Councilman Lundquist: It starts on page 3.
Councilman Labatt: Oh, I was looking at the old one.
Councilman Lundquist: Is that the right one Bob?
Councilman Labatt: Yes.
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Mayor Furlong: Thank you. Did you second that Councilman Ayotte?
Councilman Ayotte: Yes I did.
Mayor Furlong: Thank you. It's been made and seconded. Is there any discussion?
Councilman Lundquist moved, Councilman Ayotte seconded approval of Site Plan
approval of Planning Case # 04-21, plans prepared by Anderson Engineering of
Minnesota, LLC, dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, with a
38-foot variance from the parking setback requirement and a variance to permit
two rows of parking between the building and the road based on the attached
findings and recommendation and subject to the following conditions:
1. The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
2. The developer shall provide a bike rack. Additionally, the developer shall install
benches on both the Highway 5 and Galpin Boulevard sides of the building.
3. The building is required to have an automatic fire extinguishing system.
4. All sidewalks shall be provided with accessible ramps.
5. The plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
6. Detailed occupancy related requirements will be reviewed when complete plans are
submitted.
7. Utility plans: Cleanouts are required in the sanitary sewer system in accordance
with the Minnesota Plumbing Code.
8. Applicant shall plant 8 deciduous trees along Galpin Boulevard in order to meet
minimum requirements.
9. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps,
trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This
is to ensure that fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
10. The builder must comply with the Chanhassen Fire Department/Fire Prevention
Division regarding the maximum allowable size of domestic water on a
combination water/sprinkler supply line. Pursuant to Chanhassen Fire
Department/Fire Prevention division Policy #36-1991.
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11. The builder must comply with water service installation policy for commercial and
industrial buildings. Pursuant to Inspection Division Water Service Installation
Policy #34-1993. Copy enclosed.
12. The builder must comply with the Chanhassen Fire Department/Fire Prevention
Division regarding premise identification. Pursuant to Chanhassen Fire
Department/Fire Prevention Division Policy #29-1992.
13. The builder must comply with the Chanhassen Fire Department/Fire Prevention
Division regarding notes to be included on all site plans. Pursuant to Chanhassen
Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed.
14. "No Parking Fire Lane" signs and yellow-painted curbing will be required. Please
contact Chanhassen Fire Marshal for exact sign locations and for exact curbing to
be painted yellow.
15. The proposed development shall maintain existing runoff rates. Storm water
calculations shall be submitted to verify that the existing storm water pond is sized
adequately for the proposed development.
16. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
All exposed soil areas shall have temporary erosion protection or permanent cover
year round, according to the following table of slopes and time frames:
Type of Slope
Time
(Maximum time an area can
remain open when the area
is not actively being worked.)
Steeper than 3: 1
10:1 to 3:1
Flatter than 10: 1
7 days
14 days
21 days
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such
as a curb and gutter system, storm sewer inlet, temporary or permanent drainage
ditch or other natural or man made systems that discharge to a surface water.
17. Street cleaning of soil tracked onto public streets shall include daily street scraping
and street sweeping as-needed.
18. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies (e.g., Carver County, Riley-Purgatory-Bluff Creek Watershed District,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources
(for dewatering), Army Corps of Engineers) and comply with their conditions of
approval.
19. Show the location of the accessible ramps on the plans.
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20. All final plans must be signed by a registered civil engineer.
21. Add all applicable 2004 City of Chanhassen detail plates to the plans.
22. On the Grading Plan:
a. Show all existing and proposed easements.
b. Show the location of the existing silt fence.
c. Show the existing topography of the site.
23. The retaining wall must be designed by a registered structural engineer and a permit
from the Building Department must be obtained for its construction.
24. The City's type II silt fence must be used adjacent to the wetland on the east side of
the site. In addition, a 75-foot minimum rock construction entrance must be
included at the main access drive to the site.
25. The remaining assessment due payable to the City at the time of building permit
application is $10,479. In addition, sanitary sewer and water hook-up charges
along with the Met Council's SAC fee will be due at the time of building permit
issuance. The 2004 trunk utility hook-up charge is $1,458 per unit for sanitary
sewer and $2,814 per unit for water. The 2004 SAC fee is $1,425 per unit. The
hook-up charges and SAC fee are based on the number of SAC units assigned by
the Met Council.
26. Storm sewer sizing calculations will need to be submitted for review prior to
building permit approval.
27. Directional signage showing access to TH 5 and south Galpin Boulevard shall be
installed.
28. Revise the drive aisle width of the drive-thru exit from 16 to 20 feet.
29. Work with staff to increase the berming adjacent to TH 5 and Galpin Boulevard."
All voted in favor and the motion carried unanimously with a vote of 5 to O.
Mayor Furlong: That motion prevails. Also a request with regard to the sign variance.
Councilman Lundquist: I would move that the City Council deny the sign variance
based on the attached findings of fact and recommendation.
Mayor Furlong: And is there a second to that motion?
Councilman Ayotte: Second.
Mayor Furlong: Any discussion?
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Councilman Lundquist moved, Councilman Ayotte seconded that the City Council
deny the sign variance based on the attached findings of fact and recommendation.
All voted in favor and the motion carried unanimously with a vote of 5 to O.
COUNCIL PRESENT A TIONS:
Councilman Lundquist: Short, not really a presentation I guess. Just comments
regarding the July 3rd and 4th festivities. One that myself and my family personally look
forward to. We always have a good time and just wanted to publicly thank the Rotary for
their efforts, the parade committee and all the volunteers and everything there. And our
public, our parks department that, especially scrambled on the 3rd with all the rain and got
the lights up and all of the work that Todd Hoffman and Jerry and Corey put through so
that's a great event and it's hard to find anybody, even in the rain while I was out there,
that didn't have a good time. So I think something that the citizens really enjoy and
something that we don't find in the area anywhere around, anything like that at that time
of year so hats off and thank you to the groups that put in those efforts and donated their
time and money.
Mayor Furlong: Thank you, well said. Other presentations? Comments. One thing I'd
like to share today at the Chanhassen Library, U.S. Senator Norm Coleman hosted a
Children's Health and Nutrition Summit. It was very well attended. There were
anywhere from 60 to 75 people that came and attended. There was the panel discussion
included Dr. Ellen Goldbloom who's the President and CEO of Children's Hospitals and
Clinics here in the Twin Cities. They were joined by the Undersecretary of the USDA
for Food and Nutrition and Consumer Services, Eric Boast who flew in from Washington
today to be here. Also by Dr. Edward Thompson who's Deputy Director of the Public
Health and Services for the Center of Disease Control and Prevention came up from
Atlanta. There were 6 other panelists as well from the Twin Cities area. It was a great
discussion. It was very interesting. They talked about nutrition, physical activity and the
human and financial costs of lack of good nutrition and physical activity for children and
really where the issues were and the answer was, there is no silver bullet. While it is a
real issue, ultimately it's going to be the parents, schools, city and county governments
and state and federal governments working together on different issues to do that so, it
was a nice way to showcase the Chanhassen Library. To be a part of that. There were a
number of people who came from around the area, as well as across the country to talk
about these issues here in our town so one, I'd like to thank Justin Miller from the city
staff who worked to help organize the room and make sure it went off without a hitch,
which it did so Justin, thank you very much for that, but it was a very nice event. I know
Channel 4 and Channel 5 both had camera crews there today so whether or not they'll
show this evening, I don't know but it was a nice event.
Councilman Lundquist: Did they get library cards?
Mayor Furlong: Not to my knowledge.
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