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CC Minutes 10-13-2014Chanhassen City Council – October 13, 2014 district as often lacking the most basic cost benefit analysis and science to justify the spending of our tax dollars. On a positive note the Southwest Metro Lakes Coalition homeowners associations have a long history of working with the Riley-Purgatory-Bluff Creek Watershed District on many improvement projects in the past. For example, the Lake Riley Improvement Association provided funding and active participation in partnership with the Watershed District to the University of Minnesota on a multi-year carp study that is now gaining worldwide recognition for it’s findings. Lotus Lake homeowners contribute $15,000 a year for aquatic invasive species inspections at their public access. The members of the Southwest Metro Lakes Coalition believe that the best use of the watershed district’s taxpayer provided funding is to identify and provide financial support to water quality improvements that would provide the greatest amount of return for the largest number of citizens as possible. In conclusion, the Southwest Metro Lakes Coalition intends to continue the tradition of it’s member homeowners associations of vigorously protecting and promoting the health and water quality of our lakes. We believe and hope you agree that access to clean and functional recreational lakes by all of our citizens is part of the reason that Chanhassen is consistently rated as one of the best places to live. The Southwest Metro Lakes Coalition is dedicated to the continuous improvement of these precious resources. Thank you again for the opportunity to speak tonight. I’d be glad to answer any questions if there are any. Mayor Furlong: Thank you very much. Any questions? No. Appreciate the information. Bob Adomaitis: Thank you. Mayor Furlong: Thank you. Anyone else that would like to address the council under visitor presentations this evening? Okay. Very good, thank you. Let’s go ahead then and we’ll move on with the next items on our agenda. SHOPS AT CHANHASSEN, OUTLOT A, CHANHASSEN RETAIL ADDITION AND A PORTION OF THE TARGET PARKING LOT: REQUEST FOR PRELIMINARY PLAT AND SITE PLAN REVIEW FOR A 4,412 SQUARE FOOT RETAIL/RESTAURANT BUILDING. APPLICANT: HALIFAX DEVELOPMENT, LLC/OWNER: TARGET CORPORATION. Kate Aanenson: Thank you Mayor, members of the City Council. This item did appear before the th Planning Commission on September 16 and they did recommend approval of the preliminary plat and the site plan. The applicant, Halifax Development is actually out of Denver. So again there are two actions being requested tonight. Subdivision and site plan review. The subject site is located on, between th West 78 and Highway 5. The outlot. The City got this outlot remnant as part of the construction of th West 78 and the extension of that with Powers Boulevard. As you recall when we were looking at the downtown, intensifying the downtown we talked about when we rezoned this to Central Business we met with a lot of the property owners along there and actually we envisioned that maybe an outlot could be placed in this area of Target parking lot and that’s kind of what we anticipated. As it turned out the applicant was looking at putting it closer to Highway 5, which certainly met the same need because no matter we would have to provide additional parking that was removed from Target would have to be th placed back there so in either development scenario, whether it was placed adjacent to West 78 or Highway 5, that site would have to be graded and provide parking so with that we are replatting the Outlot A. So this is a little bit more complex than just our subdivision. In order for this application to go forward, so the subdivision, the preliminary plat is of the City’s property but in conjunction with that Target will also be participating so they have a purchase agreement with Target’s the separate but Target doesn’t want to do a subdivision so through our ordinance we do allow an administrative split so in working with the attorney’s office we had the sequencing set together so they will purchase from the City of Chanhassen the property. Subdivide that, which is the action you’re taking tonight and then at closing they’ll administratively take that portion from Target to make the project whole and that project needs to occur in order for the site plan to get approved because they need all that parking and access for the 3 Chanhassen City Council – October 13, 2014 project to go forward so you can see on there the total square footage of the property. Be about 34,250 square feet. Some of that again from the City and some from Target. So on this side over here is actually the preliminary plat as shown. Mayor Furlong: Ms. Aanenson, just to clarify then. Kate Aanenson: Yes. Yes. Mayor Furlong: The parcel that will be included in this from the current Target parcel, that’s not going to come back through for council approval? Kate Aanenson: No. Mayor Furlong: You said that will be administratively. Kate Aanenson: No because it’s an administrative subdivision, yep. Mayor Furlong: Okay. Kate Aanenson: So it will happen at closing. The description is included in the documents for closing. Mayor Furlong: Okay, thank you. Kate Aanenson: And I’ll show this a little bit more illustratively why that needs to happen. Actually th we’re improving the access onto that Target Lane as it comes off of West 78. You can see right here so this project actually, you have that quick U turn here to get into the three restaurants that are currently located there. The Taco Bell, Leeann Chin and Perkin’s. So this actually creates a better access going in and better sight lines coming in so the reconstruction of the Target parking lot provides for a better flow and still maintaining, they have an existing pylon sign there so again in order for the project to go forward we actually made sure that Target had enough parking. They had parking to give up which we kind of determined earlier but went back and re-evaluated that and then looked at what they, the business wanted. So originally they were looking at one use. The Noodles and as it turns out they had enough parking between the two that they could actually provide for another building so actually there’s two users on there. The only one they know right now would be the Noodles and the have a couple ideas for a secondary tenant but that hasn’t been determined yet. So the landscaping plan, as shown on the picture on the left meets the city ordinances. Again they will have a pylon sign. They’re looking at putting that in a location which gives them better visibility and then they’ll also have wall signs I want to say closer to Target Lane as opposed to Highway 5 so when you’re coming in off that way because they’ll get the visibility from Highway 5 from the wall sign. So we do have the materials here too. The material boards here. Originally when it was submitted it was a little bit darker in colors so we asked that they lighten the building up a little bit. Again you’re going to have visibility from Highway 5. It does have a parapet wall and it also has outdoor seating adjacent to Highway 5 and it was hard to see in the landscaping plan. The landscaping plan, there is outdoor seating but that’s also well screened so that would be a nice opportunity there for outdoor dining. So this is the renderings of the site plan. It does meet the city ordinance. The Highway 5 architectural standards. The pitched roof elements and the like so it does meet city code so with that we are recommending approval of the preliminary plat and the site plan and I’d be happy to answer any questions that you have. Mayor Furlong: Thank you Ms. Aanenson. Questions for staff. Mr. Laufenburger. 4 Chanhassen City Council – October 13, 2014 Councilman Laufenburger: Thank you Mr. Mayor. Kate, I think this is a great plan and I expect that this may be a typo but the sum of the two lots that you identify in square footage doesn’t equal the total and I just. Kate Aanenson: I think it’s correct in the staff report now. Councilman Laufenburger: I’m looking at what identifies as page G-1. Well. Kate Aanenson: I’ll check those numbers. Councilman Laufenburger: Yeah, as long as what we record identifies that we’re not creating even 2 or 3 square feet out of nothing I think is important. Kate Aanenson: Yes. Councilman Laufenburger: Okay. Also you talk about the second retail. We are not approving a Noodles here. Kate Aanenson: No. Councilman Laufenburger: We are approving the plan, is that correct? Kate Aanenson: That’s correct. Councilman Laufenburger: Okay. Kate Aanenson: It’s our understanding it could be a Noodles. Councilman Laufenburger: It could be something else. Kate Aanenson: But it could change, that’s correct. Councilman Laufenburger: Okay. Okay. And as long as it’s a retail that meets our plan then we’re saying bring it on right. Kate Aanenson: Correct. As long as it meets the parking standards and sign controls. Councilman Laufenburger: Alright, thank you very much. That’s it Mr. Mayor. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: Kate do you foresee ever, and…without looking at the plans but where they could somehow, at some point turn it into a drive thru? Kate Aanenson: No. Actually there’s a change in grade as you get behind, it’s hard to see on the, behind the Perkins there. It gets narrow right through there and you’re actually behind, this is the dumpster for the Perkins in their parking lot. It’s actually too narrow of a site to have that happen. Councilwoman Tjornhom: Okay. And there is sufficient parking for two? Kate Aanenson: Yes there is. Yes. 5 Chanhassen City Council – October 13, 2014 Mayor Furlong: And I think to follow up on that question, for two what types of uses? For two restaurants or for retail? Kate Aanenson: Yes it could be two restaurants. It could be two restaurants, yes. Mayor Furlong: Okay. Alright. Councilwoman Tjornhom: One more question. When it comes to delivery trucks, where are those entrances? Kate Aanenson: They’re actually going to use the front door entrances, yep. Councilwoman Tjornhom: Okay. Mayor Furlong: Other questions? Ms. Aanenson from the topography, this building will sit down below Highway 5, is that correct? Kate Aanenson: That’s correct. Mayor Furlong: Have we done anything with regard to screening of the HVAC equipment? Kate Aanenson: Yes. Mayor Furlong: More than just what might happen for a typical building? Kate Aanenson: Yes, along Highway 5 we do require that it be effectively screened so this building does have parapet walls that does screen it and they’re tipped in so it should effectively screen that. And with landscaping. Mayor Furlong: So we think with the sight lines for vehicles driving by, we want them to be able to see the business name but we also don’t want them looking down on the equipment. Kate Aanenson: Right. The highest point was you’re actually on the bridge as you’re kind of on the high point. Mayor Furlong: Okay. Kate Aanenson: And as you’re coming down towards Powers you’re coming down. Mayor Furlong: Sure. Kate Aanenson: Yeah, so it would be on, going westbound that you’d have the best visibility of that. Mayor Furlong: And I guess, and that’s what I wanted to know is did we look at the topography of this site and what the sight lines would be from Highway 5. Kate Aanenson: Yes. Mayor Furlong: And we’ve taken the appropriate precautions for screening the equipment. 6 Chanhassen City Council – October 13, 2014 Kate Aanenson: Yes, we had the architect give us those drawings to show those perspectives. Mayor Furlong: Okay. Okay. Thank you. Any other questions for staff at this time? Todd Gerhardt: Mayor. Mayor Furlong: Mr. Gerhardt. Todd Gerhardt: Just want to thank Kate and her staff for working on this development. It does feed into our goals of trying to intensify retail development in the downtown area. And also the City is selling some remnant land here so a little over $200,000 that the council can decide where you’d like to see that money go to. It could go to the road assessment fund. It could go to park and trails. So council is free to designate those dollars wherever you wish and but can’t count on the money right now until closing occurs and we can bring that item back at a future council meeting once we have a successful closing. Mayor Furlong: Okay, thank you. Questions. Councilwoman Tjornhom. Councilwoman Tjornhom: One more question. Mayor Furlong: That’s fine. Councilwoman Tjornhom: I’ve got to get the planning commissioners out of me at some point. Signs. Where will the signs be for this? Obviously it’s tucked in. Kate Aanenson: Yeah, so when you’re coming down Target Lane, their monument sign they’re going to have facing so as you come past Perkins, it’d be on the interior. Not, would not be on the Highway 5 side so it’d be in Target Lane. Councilwoman Tjornhom: Are there any signs there now? I don’t remember. Kate Aanenson: There’s a Perkins sign. Councilwoman Tjornhom: There is? Kate Aanenson: On the other side of the island there on the island. And then they will have wall signs on three sides because they have three frontages. Councilwoman Tjornhom: Okay. Kate Aanenson: Highway 5, the Target Lane and then the back side of Highway 5 so. Councilwoman Tjornhom: And so their sign, when you say their sign, that’s the sign that will be used for both, whoever comes in there? Both businesses. They’ll have to share that one sign location? Kate Aanenson: For the monument, that’s correct. Councilwoman Tjornhom: Monument. Kate Aanenson: That’s correct. 7 Chanhassen City Council – October 13, 2014 Councilwoman Tjornhom: Okay. Mayor Furlong: Ms. Aanenson with that picture that you have there, Target Lane is a public street is that correct or is it private? Kate Aanenson: That is a public street, that’s correct. Mayor Furlong: Okay. And where does that terminate? Is it about where the monument sign is? Kate Aanenson: Yeah if I can go back to, there’s a drawing on here that shows. So now it’s going to be extended. Right now it, you just had a legged intersection so now you actually can travel through that lane and it actually creates better circulation for that end of Target too. Mayor Furlong: And that’s my question. Will Target Lane be extended then all the way past there? Will that continue to be a public street? Kate Aanenson: It will be private after that point. Mayor Furlong: Okay. Kate Aanenson: Yep. Mayor Furlong: And are there, this property abuts Target Lane which is a public street, correct? Kate Aanenson: Correct. Mayor Furlong: So we don’t have to worry about access easements or anything from the neighboring property owners. Kate Aanenson: No, that’s why this project took quite a while to figure out how to get that and it was kind of an oddly shaped piece of property. Mayor Furlong: Sure. Kate Aanenson: So the only way this project could come forward is actually working with Target to modify the parking and that’s between the two. A negotiation between the City and Target so that took a little time. Mayor Furlong: And I think credit, Mr. Gerhardt when we’re thanking people credit should go to Target as well for. Kate Aanenson: Yes. Todd Gerhardt: Yep. Mayor Furlong: Their cooperation and working with the City and the property owner. Kate Aanenson: Yes. And I did want to note that the developer was here today. He was meeting with Target and finalizing his agreements but he’s on the way back to Denver right now. Mayor Furlong: Okay. Okay. 8 Chanhassen City Council – October 13, 2014 Kate Aanenson: We didn’t think there’d be any issues so. Councilwoman Ernst: Mr. Mayor? Mayor Furlong: Yes. Councilwoman Ernst: I should have mentioned this before but I would like to recuse myself from this particular. Mayor Furlong: Okay, as an employee of Target. Councilwoman Ernst: Yes. Mayor Furlong: As an employee of Target, that’s fine. Thank you Councilwoman Ernst. With that are there any other follow up questions at this time? Councilman Laufenburger: Comment. Mayor Furlong: Anybody from the developer? Kate Aanenson: That’s what I was saying. He was in here earlier today. Mayor Furlong: Okay. Did he have any concerns that you’re aware of on any of the conditions set forth in the plan? Kate Aanenson: No, we went through everything that needs to be done and Andrea Poehler from the attorney’s office has been working closely with the closing documents so I think everything’s moving right along. It will come back for final plat. There are no public improvements so we will do a site plan agreement. Mayor Furlong: Okay. Kate Aanenson: So the developer will be signing that and this property is still in the name of the HRA so we’ll convert that. That document’s being drafted so when we come back for final plat you will also be transferring that property to the City Council but everything’s in line to have that happen. We anticipate a closing sometime in December. Mayor Furlong: Thank you. Okay. Very good. There were no public comments I believe at the Planning Commission. Kate Aanenson: That’s correct. Mayor Furlong: If I’m remembering correctly so no need for public comments here. With that comments and discussion by the council members. Mr. Laufenburger. Councilman Laufenburger: Yes, thank you. Great addition. My, I can count on my grandson visiting more. He loves the pesto on the menu at Noodles so amen to that. Or whatever they say in Noodles country. 9 Chanhassen City Council – October 13, 2014 Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: No I think these are always good evenings when we’re approving a plat like this where new businesses are coming into town, especially restaurants because we all know that that’s one of our favorite things to welcome into town so. Mayor Furlong: Yeah I agree. I’m pleased to see it coming and I think as Mr. Gerhardt complimented the staff and others involved, when you look at this, while it’s coming to us and it’s in very clean form and ready to go, we know that didn’t just happen and there was a lot of work behind the scenes throughout our planning department and engineering department and others. The developer. Target, the neighboring property owners. A lot of different people were involved so these things don’t just happen. I know this has been something that’s been in the works for many, many months and as Mr. Gerhardt said, this is part of our strategic initiative as a city to look for ways to intensify a little bit the downtown and take advantage of the area we have within our downtown and to enhance and promote our local economy so when we see these occurring, this is an area that clearly can, and I do like the way the traffic’s going to flow. It’s actually going to improve access I think to Target and to that whole area so I think it’s just a wonderful project from a design standpoint. Planning standpoint but also from an amenity and a new business coming to town for our residents and our local economy so very pleased to see it. If there are other comments that’d be great. Otherwise would somebody like to offer a motion? Councilman Laufenburger: May I? Councilwoman Tjornhom: Yes you may. Mayor Furlong: You want to rock, paper, scissors for it? Councilman Laufenburger: Mr. Mayor I move that the City Council approves Planning Case 2014-28 consisting of a preliminary plat to replat 63,372 square feet into one lot of approximately 26,000 square th feet and one outlot of approximately 37,000 square feet. Chanhassen Retail 4 Addition as shown in plans dated and received October 6, 2014. Approval of a site plan dated August 13, 2014 and adoption of the attached Findings of Fact and Recommendation. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: There’s a second. Mayor Furlong: Thank you, second. Mr. Laufenburger you brought up the comment about the numbers not adding up. Did you read the numbers off there or did you read them off? Councilman Laufenburger: I read them off the screen. Mayor Furlong: The screen, do those numbers add up? Kate Aanenson: That’s correct. That’s the City’s property that we’re splitting. That’s not including the two parcels of Target and the Chanhassen parcels so there’s different numbers. This is for the plat. What I showed you that I think you were talking about the numbers that didn’t match were the parcels, yeah. Mayor Furlong: So do the, because some of the numbers here are including the 7,000. Some are not including the 7,000 of Target. 10 Chanhassen City Council – October 13, 2014 Kate Aanenson: What you’re approving is this big piece right here of the area of this and you’re splitting off. Mayor Furlong: Yes. Kate Aanenson: That’s what those numbers represent. Mayor Furlong: And did the motion numbers add up to that, to Mr. Laufenburger’s earlier question. Todd Gerhardt: No. Councilman Laufenburger: The numbers on this, the one person I’m looking at on this screen, if we’re only talking about the City portion of the property, they don’t add up to the 63,372. Mayor Furlong: That was my concern. Roger Knutson: If I can make a suggestion. Mayor Furlong: Yes. Would this be administrative? Roger Knutson: Yeah, you could just take out those numbers. Kate Aanenson: I would say the same thing, yeah. They’re on the plat. Roger Knutson: They’re on the plat so. Mayor Furlong: We’re replatting the 63,372 square feet into one lot and one outlot. Chanhassen Retail. Is that a fair, are you acceptable with that modification Mr. Laufenburger? Councilman Laufenburger: Absolutely. Hence my words of approximately so. Kate Aanenson: Okay. Mayor Furlong: Councilwoman Tjornhom, you’re also acceptable to that? Councilwoman Tjornhom: Yes I am. Mayor Furlong: As the seconder, thank you. Any other discussion on the motion? Seeing none we’ll proceed with the vote. Councilman Laufenburger moved, Councilwoman Tjornhom seconded that the City Council approves Planning Case 2014-28 consisting of a preliminary plat to replat 63,372 square feet into th one lot and one outlot, Chanhassen Retail 4 Addition as shown in plans dated received October 6, 2014; approval of a site plan dated August 13, 2014; and adoption of the attached Findings of Fact and Recommendation, subject to the following conditions: Engineering 1. Before the final plat is recorded the Surface Water Management fees, Park Dedication fees, and GIS fees must be paid as well as any recording fees not collected with the final plat application. 11 Chanhassen City Council – October 13, 2014 2.The applicant shall submit $25,000 in lieu of constructing stormwater best management practices. This shall be due at time of final plat to be put into an account to be used exclusively for the improvement of water quality downstream of the site. 3.The Storm Water Utility fee is estimated to be $18,525.10 and shall be due at final plat. Park and Trail 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Shops at Chanhassen. The park fees will be collected in full at the rate in force upon final plat submission and approval. Site Plan Environmental Resource 1.The applicant shall provide Rational Method calculations for proposed pipe design. The applicant shall work with City staff to assure downstream system has adequate capacity to handle the additional volume directed from the new impervious surface. 2.The erosion prevention and sediment control plan must be consistent with Section 19-145 of Chanhassen City Code. Building Official 1. The building is required to have automatic fire extinguishing systems. 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 4. Detailed occupancy-related requirements will be addressed when complete building plans are submitted. 5. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Engineering 1.The developer must work with the neighboring property owners, including the City, to acquire temporary construction easement for all off-site grading and construction. 2.The developer must acquire a permanent easement over all improvements the developer shall own and be responsible for maintaining, such as the storm sewer. 3.The developer must obtain an access agreement from the City for construction and maintenance of the sanitary sewer and water main within the right of way of Target Lane. 4.The developer’s engineer shall include the Perkin’s parking lot islands in the topographic plan. Current plans do not show all islands within the survey area. 12 Chanhassen City Council – October 13, 2014 5.Final plans shall include existing and proposed elevations at the property corners and structure corners. 6.The grading plan shall include drainage arrows to indicate the direction of water flow. 7.The developer shall submit an accurate soils report indicating soil conditions and permeability. 8.The grading plan shall identify proposed stockpile areas. 9.The grading plan shall show the top and bottom elevation of the retaining wall near the Target sign. 10.The parking spaces shall be adjusted so that minimum dimensions are measured from the gutter flow line. 11.The developer must pay the partial payment of the SAC fees and the WAC fees with the final plat. Planning 1.All rooftop and ground equipment must be screened from views. 2.Sign illumination and design shall comply with ordinance. Wall signs shall be limited to the north, east and south elevations. Wall and monument signage shall comply with the sign ordinance. All signs require a sign permit. 3.The applicant may share a monument sign within the same PUD contingent upon the removal of the existing monument sign. 4.The exterior material for the trash enclosure must be of the same exterior material as the building. Recycling space and other solid waste collection space should be contained within the same enclosure. 5.Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. All fixtures must be shielded. 6.Provide and maintain a cross access agreement with Target for parking. 7.Approval of the site plan is contingent upon approval of the subdivision and the administrative lot line adjustment for Target as shown in Exhibit # 7 All voted in favor and the motion carried unanimously with a vote of 3 to 0. As an employee of Target, Councilwoman Ernst recused herself from this item. At this point Councilwoman Ernst rejoined the City Council for the remainder of the meeting. 13