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2. Sand Companies Rezoning CC DATE: June 27, 2005 [2] PC DATE: June 7, 2005 CITY OF CHANHASSEN REVIEW DEADLINE: July 5, 2005 CASE #: 05-1 Chanhassen Gateway BY: AI-Jaff, et al. .-.- ,-- .-- .....- .-- -,.-.. -- .--- ST AFF REPORT PROPOSAL: Request for a rezoning of property from Residential Single Family, RSF, to Planned Unit Development-Mixed Use, PUD. ~ Z -< U ~ ~ ~ ~ -< LOCATION: Northwest intersection of the future alignment of Highway101 and Lyman Boulevard. APPLICANT: Sand Companies, Inc. 366 South Tenth Avenue, PO Box 727 Waite Park, MN 56387-0727 Jim Sand (320) 202-3100 PRESENT ZONING: Residential Single Family - RSF 2020 LAND USE PLAN: Mixed Use ACREAGE: 24±.Acres SUMMARY OF REQUEST: Rezoning of property from Residential Single Family to Planned Unit Development-Mixed Use and approval of Planned Unit Development Standards. Notice of this public hearing has been mailed to all property owners beyond 500 feet. Staff is recommending -< approval of the request. ~ -< LEVEL OF CITY DISCRETION IN DECISION-MAKING: ~ ~ The City has a relatively high level of discretion in approving a rezoning because the City is acting ~ in its legislative or policy making capacity. A rezoning must be consistent with the City's ~ Comprehensi ve Plan. rJJ. Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 2 EXECUTIVE SUMMARY: The request before the Planning Commission is to rezone property located on the northwest and southwest intersection of the future alignment of Highways 212/101 and north of Lyman Boulevard. There is no site plan attached to this application and development of the site is not intended to take place until the realignment of 212/101 is complete. As each element is ready to develop, a site plan and/or a subdivision will be presented to the Planning Commission and City Council for review and approval. On January 24,2005, the City Council approved the concept Planned Unit Development for this project. The purpose of the current review is to rezone the property and establish a PUD ordinance with design standards. BACKGROUND: LOCATION/SITE DATA The site is located at the northwest and southwest intersection of the future alignment of Highways 212/101 and north of Lyman Boulevard. The site has an area of approximately 24 acres and is currently zoned residential single family, RSF. .. . . . , .. I ,',",:: . .~, ','; :~ ~. I r. . '. .:', !',: :~ .. I :". :'~ :.' I :;, r· :;~:',: : .. ..,'.. " þ ,.' .' " , ~'\ ":.' "I .,' '<:':-.:,'1 'I,,:: I, (: ""'" " . .. r '''.01 ,.... ..t..... . " ' (',' , .:' D= Subject Propert " . "~. " ... ...., '" " ~ . )~ I, ")~ \', j'" ·...r . Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 3 LAND USE PLAN The Land Use Plan designates areas around the proposed TH 101lTH 212 interchange as mixed use. This category has been established to accommodate either commercial or high-density residential developments. The high density category, which includes units with a maximum net density of 16.0 units per acre, accommodates apartments and higher density condominium units, but would also permit the development of town home type units. The commercial use is intended to support or complement high-density residential development. The commercial uses include convenience grocery stores, day care facilities, etc., or those uses that meet the daily needs of the residents. An individual user would be limited to 8,000 square feet. .. ..:. Ir ---- :;-:j ;r~ ',. .....,... ''Y,:/I' ...,:..:~~;~:f:i· .r'I-----....~ 1~1l ( _/ 'J .....'"- ..:r .f.(' " 4~~~< L_ I! -.., AY: A'!'" ) !-L-J ':J,~,l r- ~ll / ~ / '7 ,,/ ,./ .,/ ~! ( ~~ " .-- I PLANNING COMMISSION WORK SESSION/NEIGHBORHOOD MEETING/PROJECT BACKGROUND The applicant has met with the Planning Commission informally at two separate work sessions and held a neighborhood meeting on December 16, 2004. On January 4, 2005, the Planning Commission reviewed and approved the Concept PUD for the subject Site. This plan was later approved by the City Council on January 24, 2005. Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 4 The intent of these meetings was to begin to develop a layout design and a planned unit development that complements the community. The final draft layout that was arrived at reflected a residential component within the area north and south of Lake Susan Drive with the highest density concentration facing future Highway 101. The portion of the site located south of the future alignment of Highway 212 consists of a mix of commercial and residential uses. In this instance, the residential encompasses the western portion of the site while the commercial part occupies the remainder of the site, and faces Highway 101,212, and Lyman Boulevard SOlltll Site ;~ ~:,~ ." ~~~ :[1' ~"'". .~. .'" \I'~'1!¥"' ~ . , ',¡¡J:": .,,~ ii P ì' .,iV. ~..:: . ,. ·.rr~ ,f¡.~ . ï~, :-. : :¡¡,~, ~:. :0,). A~. -", ".. "".¡¡o, ~,~ ~~~: :, ~It' ..¡~ '~~, , ~~ ,,' .." : .¡,~$ , :\'f~:.r.t~{.;,._;,'!'~';:':,¡¡£:::I#':';,,;<~~:. North Site ..,¡r: '" ",< """"'-"'~.. '01)0.1','....·.,.····· ...,.....'. -.t!II- '1iIIII:,ti1, ,..a...: ...... ._ ..l'6ol".......v .:.....~.~ .', --...- .... :"...1 I [igh\vay Plans \v/Site Layout "","1' ~ ' .,. ~\ .. -- - ReaHgned Highway 101 " " Proposed Lighted Intel'section Future Southwest lVIet1'O Tnmsit Station South Site Location ¡:": ...,.....; ,,',. .."": - ......,."...."....... Lyman Bmúevard & Highway 101 Interchange . ... '.' :'N,':~: ¡.; Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 5 Staff has reviewed the proposed development against the standards established by the Environmental Quality Board to evaluate the need for an Environmental Assessment Worksheet (EA W). Based on an assumption of a maximum development intensity of 150 dwelling units and 75,000 square feet of commercial and office space, the development did not meet the criteria for a mandatory EA W. Access to the site is being examined by the City, Minnesota Department of Transportation (MnDOT), and the developer. It is anticipated that the access to the northern site will be gained via Lake Susan Drive. MnDOT may allow full access to the site if the intersection maintains a minimum distance of 600 feet from the intersection of Lake Susan Drive and Highway 101. . "," "'", .' \"'. '" Curb cuts must maintain a minimum distance of 600 feet to the inters e ction of Lake Sus an Drive and Highway 101 " I' ~~: f, '\' i' :';:. ;. 01-:' . ,~~ ·..·f : ~(~. , "' ~'t."'" . " .- . ...., .. '-" 11-,' 1:' .~:: ~ ~""~:' .~ I~~..:..' , . 'f ~ ~ :,~"~'.~: .; . \ "~:~t':i~' .. ~~~~,~.~,..~ , !' : 'r:) ::: ;¡,. .- 'j . ,,, : ~ I~ :~, ',:""J;' ~"",. .. .. ~~.... . '..-Ì l.. i:: , ",;~ ,!:Io,I'"!:,","~ .... '." " ,'~ . t~ !:" . .~:: ¡ ~ '.. .~, . . .~: .~~~. , :;~:.~ 'f ¡ : .i Jï.i '{'¡~._ .... "i''';':r t ,.".. "-I:~ ..,:::,.",,,1'..,,,' ,\::1";.......... -';1. \.\'. ¡"::.J. i'..'\....~., ::rf ~u ..~... "... ~ "'t.,::.'\."..~' ". ":' ..~:"?'::':.~" ":""..,, '...,....~.: it ~ :~~ i ~. = =}<,. ..:...",~i'\ f ; I' .. :i'; ~~... " I.. , ~.~ ",,,': , .. :.~ ..",~ .,. ", " ;.:, (~.;\.:':;'::' '~ /;. ~~. '". .~ .\ REZONING The Sand Companies, Inc. is requesting to rezone the property from RSF, Residential Single Family, to Planned Unit Development-Mixed Use (PUD). Future Highway 212 will bisect the site. Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 6 Realigned Highway 101 will run along the east portion of the site. A residential neighborhood zoned Planned Unit Development-Residential, is located west of the site. The area south of Lyman Boulevard is zoned Agricultural Estate District and is guided Residential Low Density. The area north of the subject site is zoned Single Family Residential District and is guided Residential Low Density. All properties located at the intersection of future Highway 212/101 are guided mixed use which permits high density residential and neighborhood oriented commercial. The 2020 Land Use Plan shows this area designated for development as Mixed Use Development. Appropriate zoning for this land use is PUD-Mixed Use, Neighborhood Commercial, and High Density Residential. Staff has prepared a Planned Unit Development Ordinance that will regulate and set standards for the development of this site including permitted uses, landscaping, setbacks, structure height, signage, building materials, architectural standards, parking, etc. This site is in the MUSA area. Staff is recommending that this area be rezoned to PUD-Mixed Use. PUD FINDINGS The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The proposed Planned Unit Development has been considered in relation to the specific policies and provisions of the land use plan and has been found to be consistent with the official City Comprehensive Plan. It provides mixed uses (residential and neighborhood commercial) at the intersection of realigned Highway 101 and future Highway 212. b) The proposed use is or will be compatible with the present and future land uses of the area. Finding: The proposed uses are and will be compatible with the present and future land uses of the area through the implementation of the design standards, landscaping buffers, architecture, etc. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: The proposed uses will conform with all performance standards contained in the Zoning Ordinance such as design standards, signage, durable materials, uses, etc. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7, 2005 Page 7 Finding: The proposed commercial uses will provide a convenient location for the surrounding area to take care of daily needs. The housing units have been laid out in a fashion where the higher density units are located at the opposite end from the existing single family homes. In general, the layout of the site shows higher intensity uses are located farther away form existing homes. It could potentially have a positive impact on values by creating a buffer to the interstate and adding convenience to the homeowners in the area. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. Finding: The site is located within the Municipal Urban Service Area. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: There has been numerous meetings between the City of Chanhassen and MNDOT addressing traffic flow within this area. There will be turn lanes, signalized intersections, medians, etc., to improve traffic flow. Traffic generation by the proposed uses will be within the capabilities of streets serving the property. LANDSCAPING The landscape plan for the development will need to use landscape materials to accomplish the following: improve the appearance of the site, buffer between the proposed development and neighboring properties, and reduce noise pollution, air pollution, visual pollution and glare. Specifically, landscaping will be required for screening of any trash storage areas, loading areas or large, unadorned building walls. Parking lots will also have landscaping requirements. All open spaces and non-parking lot surfaces, except for plaza areas, should be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells should be included in pedestrian areas and plazas. The City anticipates undulating berms, north of Lyman Boulevard, north and south of Highway 212 and west of Highway 101. These areas shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. The City would like to see native landscaping incorporated into the design wherever possible. TRAILS AND SIDEWALKS Maintaining and creating new pedestrian/bicycle routes to the subject site is very important. The construction of new Highway 101 will include the installation of a ten-foot trail along the east side of the highway. In conjunction with the construction of Highway 212, trails will be installed from Great Plains Boulevard to Lyman Boulevard, and along the north side of Lyman Boulevard. Appropriate and adequate internal sidewalk connections must also be planned to allow convenient and safe non-vehicular traffic throughout the site. Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 8 RECOMMENDA TION Staff recommends adoption of the following motion: The Planning Commission recommends approval of rezoning the property located at the northwest quadrant of the intersection of realigned Highway 101 and Lyman Boulevard with an approximate area of 24 acres from Residential Single Family to Planned Unit Development- Mixed Use incorporating the following design standards: CHANHASSEN GA TEW A Y PUD DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a MIXED USE PUD including a NEIGHBORHOOD COMMERCIAL, OFFICE AND RESIDENTIAL. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive development. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses · The permitted uses in this zone should be limited to appropriate commercial and service uses consistent with meeting the daily needs of the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Community Development Director shall make that interpretation. The type of uses to be provided on these lots shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Commercial and office uses shall be limited to the area located south of Highway 212. Residential uses shall be located north of Highway 212 and along the western portion of the southern half. · Small to medium-sized restaurant-not to exceed 8,000 square feet per building (no drive-thru windows) · Banks with a drive-in service window · Offi ce · Day care · Neighborhood scale commercial up to 8,000 square feet per tenant · Convenience store with or without gas pumps · Specialty retail (Book Store, Jewelry, Sporting Goods Sale/Rental, Retail Sales, Retail Shops, Apparel Sales, etc.) · Personal Services (an establishment or place of business primarily engaged in providing individual services generally related to personal needs, such as a Tailor Shop, Shoe Repair, Self-Service Laundry, Laundry Pick-up Station, Dry Cleaning, Dance Studios, etc). Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 9 · Residential High Density (8-16 units per net acre). The total number of units for the entire site may not exceed 150 units. c. Building Area · Commercial/Office - Not to exceed 75,000 square feet for the entire development · Maximum Commercial/Office lot usage is a Floor Area Ratio of 0.3 · Maximum office/commercial building area per tenant may not exceed 8,000 square feet · Maximum residential units may not exceed 150 units. d. Prohibited Ancillary Uses · Drive-thru Windows except banks or pharmacies. · Outdoor storage and display of merchandise e. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Boundary Building! Parking Setbacks (feet) Lyman Boulevard 50/50 Highway 101 50/50 Highway 212 50/50 Northerly Project Property Line 50/20 Westerly Project Property Line 50/20 Internal Project property lines 0/0 Hard Surface Coverage-Residential 50 % Commercial and Office Hard Surface Coverage 70 0/0 Maximum Commercial (Retail) Building/Structure Height 1 story Maximum Office Building/Structure Height 2 stories Maximum Residential Building/Structure Height 35 or 3 stories, whichever is less f. Non Residential Building Materials and Design There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly equal treatment and visual qualities. Buildings and site design shall comply with design standards outlined in Article XXIII. General Supplemental Regulations, Division 7 of the Zoning Ordinance. Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 10 g. Residential Standards Buildings and site design shall comply with design standards outlined in Article XXIII. General Supplemental Regulations, Division 9 of the Zoning Ordinance. 1. All units shall have access onto an interior private street. 2. A design palette shall be approved for the entire project. The palette shall include colors for siding, shakes, shutters, shingles, brick, stone, etc. 3. All foundation walls shall be screened by landscaping or retaining walls. h. Site Landscaping and Screening The intent of this section is to improve the appearance of vehicular use areas and property abutting public rights-of-way; to require buffering between different land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare. 1. The landscaping standards shall provide for screening for visual impacts associated with a given use, including but not limited to, truck loading areas, trash storage, parking lots, Large unadorned building massing, etc. 2. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. 3. All open spaces and non-parking lot surfaces, except for plaza areas, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in pedestrian areas and plazas. 4. Undulating berms, north of Lyman Boulevard, north and south of Highway 212 and west of Highway 101 shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. 5. Loading areas shall be screened from public right-of-ways. Wing walls may be required where deemed appropriate. 6. Native species shall be incorporated into site landscaping, whenever possible. i. Street Furnishings Benches, kiosks, trash receptacles, planters and other street furnishings should be of design and materials consistent with the character of the area. Wherever possible, street furnishings should be consolidated to avoid visual clutter and facilitate pedestrian movement. Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 11 j. Signage The intent of this section is to establish an effective means of communication in the development, maintain and enhance the aesthetic environment and the business's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: a. Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service; b. Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; c. Ensure that signs do not create safety hazards; d. Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; e. Preserve and protect property values; f. Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures; g. Limit temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right-of-way intersections. j.1. Proiect Identification Sien: One project identification sign for the commercial portion of the development located at the entrance off of Highway 101. Project identification signs shall not exceed 80 square feet in sign display area nor be greater than eight feet in height. The sign shall be setback a minimum of 10 feet from the property line. j.2. Monument Sien: One monument sign shall be permitted at the entrance to the development off of Lake Susan Drive. One monument sign per lot shall be permitted for the commercial portion of the site. These signs shall not exceed 24 square feet in sign display area nor be greater than five feet in height. These signs shall be setback a minimum of 10 feet from the property line. Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 12 j.3. Wall Si2ns: a. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend greater than 20 feet above the ground. The letters and logos shall be restricted to a maximum of 30 inches in height. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. b. Illuminated signs that can be viewed from neighborhoods outside the PUD site, are prohibited. c. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. j.4. Festive Fla2s/Banners a. Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. b. Flags and banners shall be constructed of fabric or vinyl. c. Banners shall not contain advertising for individual users, businesses, services, or products. d. Flags and banners shall project from buildings a maximum of two feet. e. Flags and banners shall have a maximum area of 10 square feet. f. Flags and banners which are tom or excessively worn shall be removed at the request of the city. j.5. Buildin2 Directorv a. In multi-tenant buildings, one building directory sign may be permitted. The directory sign shall not exceed eight square feet. j.6 Directional Si2ns a. On-premises signs shall not be larger than four (4) square feet. The maximum height of the sign shall not exceed five (5) feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. No Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 13 more than four (4) signs shall be allowed per lot. The city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. b. Off-premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be no larger than what is needed to effectively view the sign from the roadway and shall be approved by the city council. c. Bench signs are prohibited except at transit stops as authorized by the local transit authority. d. Signs and Graphics. Wherever possible, traffic control, directional and other public signs should be consolidated and grouped with other street fixtures and furnishings to reduce visual clutter and to facilitate vehicular and pedestrian movement. A system of directional signs should also be established to direct traffic within the commercial area and away from residential areas. j.7. Prohibited Si2ns: · Pylon signs are prohibited. · Back lit awnings are prohibited. · Window Signs are prohibited except for company logo/symbol and not the name. Such logo shall not exceed 100/0 of a window area · Menu Signs are prohibited. j.8. Si2n Desi2n and Permit ReQuirements: a. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. b. All signs require a separate sign permit. c. Wall business signs shall comply with the city's sign ordinance for the Neighborhood business district for determination of maximum sign area. Wall signs may be permitted on the "street" front and primary parking lot front of each building. k. Lighting 1. Lighting for the interior of the development shall be consistent throughout the development. High pressure sodium vapor lamps with decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot areas. Chanhassen Gateway Rezoning Planning Case No. 05-01 June 7,2005 Page 14 2. Light fixtures should be kept to a pedestrian scale (12 to 18 feet). Street light fixtures should accommodate vertical banners for use in identifying the commercial area. 3. All light fixtures shall be shielded. Light level for site lighting shall be no more than Yz candle at the project perimeter property line. This does not apply to street lighting. 4. Lighting for parking areas shall minimize the use of lights on pole standards in the parking area. Rather, emphasis should be placed on building lights and poles located in close proximity to buildings. l. Non Residential Parking 1. Parking shall be provided based on the shared use of parking areas whenever possible. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. 2. The development shall be treated as an integrated shopping center and provide a minimum of one space per 200 square feet of commercial/retail area. The office/personal service component shall be treated as an integrated office building and provide 4.5 space per 1,000 square feet for the first 49,999 square feet, four per thousand square feet for the second 50,000 square feet, and 3.5 per thousand square feet thereafter. m. Residential Parking shall comply with city code requirements. ATTACHMENTS 1. Findings of Fact. 2. Application. 3. Public Hearing Notice and Affidavit of Mailing. g:\plan\2005 planning cases\05-01 sand companies concept pud-rezoning\rezoning\staff report pc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Request for a rezoning of property from Residential Single Family to Planned Unit Development-Mixed Use located on the northwest intersection of the future alignment of Highways 101 and Lyman Blvd. Application of Sand Companies, Inc. On June 7, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Sand Companies, Inc. for Planned Unit Development property from Residential Single Family to Planned Unit Development-Mixed Use. The Planning Commission conducted a public hearing on the proposed Planned Unit Development 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 Residential Single Family. 2. The property is guided in the Land Use Plan for Mixed Use. 3. The description of the property is: the area bounded by Lyman Boulevard to the south, future realigned Highway 101 to the east, existing Highway 101 to the west, and residential neighborhood to the north. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The planning report #05-01 dated June 7, 2005, prepared by Sharmin AI-Jaff, et al is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the Planned Unit Development. ADOPTED by the Chanhassen Planning Commission this ih day of June, 2005. CHANHASSEN PLANNING COMMISSION BY: Its Chairman g:\plan\2005 planning cases\05-0l sand companies concept pud-rezoning\rezoning\findings of fact.doc Planning Case No. ~ ..JJI CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 -......... ........... " DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: Sand Properties, Inc. 366 South Tenth Avenue, PO Box 727 \Vaite Park, :Nlinnesota 56387-0727 Contact: Jim Sane! Phone: (320) 202-3100 Fax: (320) 202-3139 Email: JWSand@SandCompanies.com Owner Name and Address: Same as Applicant Contact: Phone: Email: Fax: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/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** - $75 + $100 Damage Deposit x Escrow for Filing Fees/Attorney Cost*** - $50 CUP/SPRNACNARIWAP/Metes & Bounds - $450 Minor SUB Site Plan Review* Subdivision* TOTAL FEE $ An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. * Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy for each plan sheet along with a diQital COpy in TIFF-Group 4 (*.tif) format. Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. *** Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: Chanhassen Gateway North - Residential LOCATION: NvV Quadrant of new Highways 101 & 212 LEGAL DESCRIPTION: See Attached Survey - Parcels #1, #5 & #6 TOTAL ACREAGE: 6.2582 WETLANDS PRESENT: PRESENT ZONING: Mixed Use REQUESTED ZONING: Mixed Use PRESENT LAND USE DESIGNATION: Vacant REQUESTED LAND USE DESIGNATION: MultifaInily YES ,¡ NO REASON FOR REQUEST: Approvals of the planned unit development for the apartment and townhome projects. 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, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and 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 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. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Nlay 6. 2005 Date Signature of Fee Owner "[\flay 6, 2005 Date G:\plan\forms\Development Review Application.DOC Rev. 4/05 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 May 26, 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 Rezoning, Sand Companies, Inc. - Planning Case No. 05-01 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.;ùði'\ day of Mo.-ý , 2005. -~. 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". tisclaimer his map is neither a legally recorded map nor a survey and is not intended to be used as one. his map is a compilation of records, information and data located in various city, county, state and ,deral offices and other sources regarding the area shown, and is to be used for reference Jrposes only. The City does not warrant that the Geographic Information System (GIS) Data used . prepare this map are error free, and the City does not represent that the GIS Data can be used .r navigational, tracking or any other purpose requiring exacting measurement of distance or recti on or precision in the depiction of geographic features. If errors or discrepancies are found ease contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota tatutes §466,03, Subd, 21 (2000), and the user of this map acknowledges that the City shall not :! liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and ::1ld harmless the City from any and all claims brought by User, its employees or agents, or third 3rties which arise out of the user's access or use of data provided, (") ::T Q,) :::s ::r Q) tn ~Z :::s 0 r+ "'C -. -(") Q) CD :::s 0 :::S-h :]' "'C tec (")2: o -. 3 (") 3~ ëñ'~ tn -. _.:::s Ote :::s s: CD CD r+ -. :::s te Public Hearing Area Notification Map Sand Companies, Inc. Rezoning NW Corner Lyman Blvd. & Realigned Highway 101 City of Chanhassen Y--::~, "'-....... "-.... ~~-_. '...... - ....------. Lake Susan ed í .r\.2'\2 pfO? " :.,,.'" ~ -(-'V .<... çI¡'> (') ¡{> «,0 ~ Subject Property Public Hearing Notification Area CHRISTOPHER T & AIMEE J ADAMS 8690 CHANHASSEN HLS DR N CHANHASSEN MN 55317 ROBERT F & KAREN L ANDERSON 8561 CHANHASSEN HLS DR S CHANHASSEN MN 55317 GREGG R & GERALDINE BARETTE 8695 CHANHASSEN HLS DR N CHANHASSEN MN 55317 TERRY LEE & MARl T BERANAK 8576 CHANHASSEN HLS DR S CHANHASSEN MN 55317 ALAN COSENTINO & SHERRI BEIER 8572 CHANHASSEN HLS DR S CHANHASSEN MN 55317 JAMES A CURRY 6105 EDEN PRAIRIE RD #17 EDINA MN 55436 PATRICK A & LAURENE FARRELL 801 LYMAN BLVD CHANHASSEN MN 55317 THOMAS P HAGMAN & SUSAN M BARTENETTI 625 SUMMERFIELD DR CHANHASSEN MN 55317 DANIEL M & MELISSA L HERZOG 8790 LAKE SUSAN CT CHANHASSEN MN 55317 RONALD G & JOYCE L HORR 8513 CHANHASSEN HLS DR S CHANHASSEN MN 55317 RICHARD C & SUSAN M AMBERSON 8549 CHANHASSEN HLS DR S CHANHASSEN MN 55317 GREGG A & MICHELLE 0 AUNE 8705 CHANHASSEN HLS DR N CHANHASSEN MN 55317 R STEVEN & MAURA BARNETT 8709 CHANHASSEN HLS DR N CHANHASSEN MN 55317 JAMES & SARA BORNES 8715 CHANHASSEN HLS DR N CHANHASSEN MN 55317 EDWARD S & NANCY J COUGHLIN 587 SUMMERFIELD DR CHANHASSEN MN 55317 JAMES A CURRY 6105 EDEN PRAIRIE RD #17 EDINA MN 55436 JASON J GILBERTSON & KATJA JEANNERET 583 SUMMERFIELD DR CHANHASSEN MN 55317 HUSSAM HASSOUN 8537 CHANHASSEN HLS DR S CHANHASSEN MN 55317 CHRISTOPHER & DEBORA K HOL 8687 CHANHASSEN HLS DR N CHANHASSEN MN 55317 BRIAN W & KRISTIN A HOULE 880 LAKE SUSAN DR CHANHASSEN MN 55317 MICHAEL B & CATHERINE ANDERSON 8709 MARY JANE CIR CHANHASSEN MN 55317 RUSSELL G BAHENSKY 8552 CHANHASSEN HLS DR S CHANHASSEN MN 55317 WILLIAM E BENSON 8596 CHANHASSEN HLS DR S CHANHASSEN MN 55317 JOSHUA E & CORA L CONKLIN 8990 QUINN RD CHANHASSEN MN 55317 CHRISTOPHER & ANGELA CROOK 8702 CHANHASSEN HLS DR N CHANHASSEN MN 55317 NORMAN & JACQUELINE ENGEL 8699 CHANHASSEN HLS DR N CHANHASSEN MN 55317 GREGG 0 GUTSCHOW & BARBARA J CLAYTON 8691 CHANHASSEN HLS DR N CHANHASSEN MN 55317 GREGORY J & SUSAN L HENKEL 8699 MARY JANE CIR CHANHASSEN MN 55317 TROY & JENNIFER HOLASEK 8556 CHANHASSEN HLS DR S CHANHASSEN MN 55317 BENJAMIN R K & DONNA M JOHNSON 8521 CHANHASSEN HLS DR S CHANHASSEN MN 55317 SHANNON G & MICHELLE A KERN 607 SUMMERFIELD DR CHANHASSEN MN 55317 MARK S & TRACY L KURVERS 8560 CHANHASSEN HLS DR S CHANHASSEN MN 55317 DENNIS H & RUTH L LAUFENBURGER 8673 CHANHASSEN HLS DR N CHANHASSEN MN 55317 ERIC W LORENTZSON & TIFFANY L LORENTZSON 591 SUMMERFIELD DR CHANHASSEN MN 55317 SO VAN L Y & SUSAN YKUN UNG 8509 CHANHASSEN HLS DR S CHANHASSEN MN 55317 CYNTHIA ANN MILLER 891 LYMAN BLVD CHANHASSEN MN 55317 LISA K MOORE 8682 CHANHASSEN HLS DR N CHANHASSEN MN 55317 ERIC S & JULIE A OYEN 615 SUMMERFIELD DR CHANHASSEN MN 55317 PHOULlTHAT PHANDANOUVONG & VATSANA PHANDANOUVONG 8529 CHANHASSEN HLS DR S CHANHASSEN MN 55317 RAYMOND J ROOB JR & CHAE SUK ROOB 8584 CHANHASSEN HLS DR S CHANHASSEN MN 55317 LAWRENCE C & ELIZABETH KLEIN 545 LAKE DR #219 CHANHASSEN MN 55317 MARK R & STACEY G LAKOSKY 8533 CHANHASSEN HLS DR S CHANHASSEN MN 55317 KHANH & KHIEM LE 631 SUMMERFIELD DR CHANHASSEN MN 55317 LUNDGREN BROS CONSTRUCTION 935 WAYZATA BLVD E WAYZATA MN 55391 ROBERT B MARTINOVICH & PATRICIA A MARTINOVICH 8592 CHANHASSEN HLS DR S CHANHASSEN MN 55317 GREG ALLAN MILLER 8801 LAKE SUSAN CT CHANHASSEN MN 55317 PAUL W & ANA E MORENO 603 SUMMERFIELD DR CHANHASSEN MN 55317 STEVE J & MARY A PANENO 8564 CHANHASSEN HLS DR S CHANHASSEN MN 55317 JEFFREY A & MICHELLE M REITAN 8900 QUINN RD CHANHASSEN MN 55317 THOMAS A & GRETA K ROSE 8541 CHANHASSEN HLS DR S CHANHASSEN MN 55317 AL & M J KLlNGELHUTZ TRUST C/O ALOYSIUS & M J KLlNGELHUTZ 8600 GREAT PLAINS BL VO CHANHASSEN MN 55317 ANTHONY LARSON & LlNOSA Y NELSON 8545 CHANHASSEN HLS DR S CHANHASSEN MN 55317 HARLAN C LEOPOLD 8553 CHANHASSEN HLS DR S CHANHASSEN MN 55317 DAVID S & JANICE A LUNDQUIST 8705 MARY JANE CIR CHANHASSEN MN 55317 MICHAEL G & KAREN L MCNEIL 8695 MARY JANE CIR CHANHASSEN MN 55317 TIMOTHY S & TAMARA S MILLER 579 SUMMERFIELD DR CHANHASSEN MN 55317 CRAIG L & PATRICIA A MULLEN 611 SUMMERFIELD DR CHANHASSEN MN 55317 SEONGWOO PARK & MIN JEONG HAN 8580 CHANHASSEN HLS DR S CHANHASSEN MN 55317 MICHAEL & MELISSA ROHRMOSER 8698 CHANHASSEN HLS DR N CHANHASSEN MN 55317 PAUL C SCHNETTLER & KATE D WARD SCHNETTLER 599 SUMMERFIELD OR CHANHASSEN MN 55317 AMY J SCHUETTE ETAL KEITH E & LISA L SCHWEGLER MARK & KRISTINA SCHWENDINGER 8990 QUINN RD 619 SUMMERFIELD DR 8708 CHANHASSEN HLS DR N PO BOX 68 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 DONALD T SINNIGER & STEPHEN C & JUDITH A SLACK DAVID MSMITH & MICHELE MABEL 8675 CHANHASSEN HLS DR N PATRICE N LUNDGREN-SMITH 600 LYMAN BLVD CHANHASSEN MN 55317 8568 CHANHASSEN HLS DR S CHANHASSEN MN 55317 CHANHASSEN MN 55317 JUDSON E & JILL C SNELL JAMES JONATHON SOMMERS & MARK R & JODI L SOTEBEER KAREN 0 ROGGE 8694 CHANHASSEN HLS DR N 8683 CHANHASSEN HLS DR N 8565 CHANHASSEN HLS DR S CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CURTIS A & SUSAN M SPERLING SPRINGFIELD HOMEOWNERS ASSN STATE OF MINNESOTA-DOT 8525 CHANHASSEN HLS DR S 7100 MADISON AVE 395 JOHN IRELAND BLVD MAILSTOP 631 CHANHASSEN MN 55317 GOLDEN V ALLEY MN 55427 ST PAUL MN 55155 TODD S & LORI E STRAND BRUCE A & SHEILA M TANQUIST ABBA J TREGOBOV & 8557 CHANHASSEN HLS DR S 8569 CHANHASSEN HLS DR S SUSANA P MACHADO-TREGOBOV CHANHASSEN MN 55317 CHANHASSEN MN 55317 8714 CHANHASSEN HLS DR N CHANHASSEN MN 55317 US WEST NEW VECTOR GROUP INC UTPAL R VAIDYA & STEVEN H & RUTH M VANCE ATTN: TAX DEPT MIS 624 LEENA UTPAL VAIDYA PO BOX 7028 861 LAKE SUSAN DR 8588 CHANHASSEN HLS DR S BEDMINSTER NJ 07921 CHANHASSEN MN 55317 CHANHASSEN MN 55317 BRYAN J & LISA C VAN NINGEN 8686 CHANHASSEN HLS DR N CHANHASSEN MN 55317 JAMIDWALKER 8517 CHANHASSEN HLLS DR S CHANHASSEN MN 55317 CORY M & PAMELA S WATKINS 595 SUMMERFIELD DR CHANHASSEN MN 55317 FRANK T & MARY LOU WHALEY 851 LYMAN BLVD CHANHASSEN MN 55317