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Zoning Letter 11-13-2014Business District, BH, and a comprehensive plan designation of Commercial. Planning & The zoning classification is consistent with the comprehensive plan designation. Natural Resources Enclosed is a copy of the BH district regulations Phone: 952.227.1130 Fax: 952.227.1110 3. The current use complies with the current zoning classification and all current Public works zoning requirements and regulations applicable thereto, including parking 7901 Park Place requirements, and also complies with the above stated comprehensive plan Phone: 952.2271300 designation and all requirements applicable thereto. Fax: 952.227.1310 4. Planning Case 2014 -11 for the construction of an 8,000 square -foot single -story Senior Center building was approved by the Chanhassen City Council on April 28, 2014 for the Phone: 952.227.1125 project site. Fax: 952.227.1110 website 5. The proposed development on the subject site meets the definition of Shopping www.ci.chanhassennn.us Center which is defined in the City Code as an integrated group of commercial establishments planned, developed and managed as a unit, with off - street parking Chanhassen is a Community for Life - Providing forTodayand Planning for Tomorrow November 13, 2014 CITY OF CIIANNSEN 7700 Market Boulevard C Chanhassen Dakota Retail One, LLC PO Box 147 c c/o Paul Stearns Chanhassen, MN 55317 D Driessen Group LLC 4999 France Avenue, Suite 216 Minneapolis, MN 55410 Administration Phone: 952.227.1100 Fax: 952.2271110 M MidCountry Bank 7825 Washington Avenue South, Suite 120 Building Inspections B Bloomington, MN 55439 Phone: 952.227.1180 Fax: 952.227.1190 R Re: 7910 Dakota Avenue and the adjacent parcel to the west and southwest Engineering Phone: 952.227.1160 D Dear Mr. Stearns: Fax: 952.227.1170 This office has been requested to confirm certain facts and circumstances concerning Finance t the current zoning and land use compliance status of the above - referenced project. In Phone: 952.227.1140 f furtherance of that request, we hereby confirm and advise you as follows: Fax 952.227.1110 Park & Recreation I I . The above - referenced project is located within the corporate limits of the City of Phone: 952.227.1120 C Chanhassen, Carver County, Minnesota. Accordingly, the building and other Fax: 952.227.1110 i improvements comprising the project are under the jurisdiction and are required to comply with the building codes, ordinances and regulations of the City of Recreation Center C Chanhassen, Carver and Hennepin Counties, Minnesota. 2310 Coulter Boulevard Phone: 952.2271400 2 2 The project currently is located in a district with zoning classification of Highwa y Fax: 952.227.1404 Chanhassen is a Community for Life - Providing forTodayand Planning for Tomorrow Chanhassen Dakota Retail One, LLC November 13, 2014 Page 2 facilities provided on -site. Sec. 20 -1124. - Required number of on -site parking spaces. 2.v.states "Shopping center —On -site automobile parking shall be provided in a ratio of not less than one parking space for each 200 square feet of gross floor area; separate on -site space shall be provided for loading and unloading. "The proposed plans meet the stated requirements for parking requirements specified in the City Code. 6. City Sewer and Water is available to the site. 7. Based on analysis of the use, there is sufficient parking to accommodate said use. This information was researched by the undersigned on request as a public service. The undersigned certifies that the above information is believed to be accurate. However, neither the undersigned nor the City assumes liability for errors or omissions. All information was obtained from public records which may be inspected during normal business hours. Should additional information be required of this office concerning the property, you may contact the undersigned. Sincerely, ^ Sharmeen Al -Jaff Senior Planner Enclosure g9plan\2014 planning cases\2014 -11 dakota retail (sinclair)\zoning letter.doc § 20 -695 CHANHASSEN CITY CODE d. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. e. Buffer yards. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. (Ord. No. 80, Art. V, § 10(5- 10 -5), 12- 15 -86; Ord. No. 94, §§ 1, 2, 7- 25 -88; Ord. No. 136, §§ IA, 111, 1- 28 -91; Ord. No. 451, § 3, 5- 29 -07; Ord. No. 474, §§ 9, 10, 10- 13 -08) Sec. 20.696. Interim uses. The following are interim uses in the "BN" district: (1) Churches. (2) Reserved. (Ord. No. 120, § 3, 2- 12 -90; Ord. No. 243, § 4, 2- 13 -95) Secs. 20- 697 -20 -710. Reserved. ARTICLE XVII. 9311" HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20 -711. Intent. The intent of the 'BH" district is to provide for highway oriented commercial development restricted to a low building profile. (Ord. No. 80, Art. V, § 11(5- 11 -1), 12- 15 -86) Sec. 20 -712. Permitted uses. The following uses are permitted in a 'BH" district: (1) Antennas as regulated by article XXX of this chapter. (2) Car wash. (3) Community center. Supp. No. 5 CD20:126 ZONING § 20 -714 (4) Convenience stores without gas pumps. (5) Day care center. (6) Fast -food restaurant. (7) Financial institutions with/or without drive- through services. (8) Funeral homes. (9) Health services. (10) Liquor stores. (11) Miniature golf. (12) Motels and hotels. (13) Offices. (14) Personal services. (15) Private clubs and lodges. (16) Reserved. (17) Shopping center. (18) Specialty retail shops. (19) Standard restaurants. (20) Utility services. (Ord. No. 80, Art. V, § 11(5- 11 -2), 12- 15 -86; Ord. No. 116, § 6,1- 22 -90; Ord. No. 122, § 1, 2- 26 -90; Ord. No. 173, § 1, 7- 27 -92; Ord. No. 259, § 21, 11- 12 -96; Ord. No. 377, § 97, 5- 24 -04; Ord. No. 377, § 97, 5- 24 -04) Sec. 20 -713. Permitted accessory uses. The following are permitted accessory uses in a "BH" district: (1) Signs. (2) Parking lots. (3) Temporary outdoor sales (subject to the requirements of section 20 -312). (Ord. No. 80, Art. V, § 11(5- 11 -3), 12- 15 -86; Ord. No. 243, § 5, 2- 13 -95; Ord. No. 377, § 98, 5- 24 -04) Sec. 20 -714. Conditional uses. The following are conditional uses in a 'BH" district: (1) Automobile rental facilities. (2) Automotive repair shops. (3) Convenience stores with gas pumps. Supp. No. 5 CD20:127 i § 20 -714 CHANHASSEN CITY CODE (4) Emission control testing stations. (5) Garden centers. (6) Motor fuel stations. (7) Outdoor storage. (8) Reserved. (9) Small vehicle sales. (10) Supermarkets. (11) Towers as regulated by article XXX of this chapter. (Ord. No. 80,Art. V, § 11(5.11- 4),12- 15 -86; Ord. No. 80 -G, § 1, 1- 11 -88; Ord. No. 91, § 1, 6- 27 -88; Ord. No. 116, § 6,1- 22 -90; Ord. No. 120, § 4(8),2-12-90; Ord. No. 137, § 2,2-11-91; Ord. No. 259, § 22, 11- 12 -96; Ord. No. 296, § 2, 2- 14 -00; Ord. No. 377, § 99, 5- 24 -04) Editor's note — Section 1 of Ord. No. 91, adopted June 27, 1988, amended § 20 -714 by adding a subsection (5) thereto. Inasmuch as there existed a subsection (5), added by Ord. No. SO -G, the editor has renumbered the new provisions as § 20- 714(6). Subsequently, subsections (5) and (6), added by Ord. No. 116, § 6, adopted Jan. 22, 1990, were renumbered as (7) and (8). State law reference — Conditional uses, M.S. § 462.3595. Sec. 20 -715. Lot requirements and setbacks. The following minimum requirements shall be observed in a 'BH" district subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum district area is ten acres. This section may be waived by a condition use permit in the case of expansion of an existing district. (2) The minimum lot area is 20,000 square feet. (3) The minimum lot frontage is 100 feet, except that lots fronting on a cul -de -sac shall have a minimum frontage in all districts of 60 feet. (4) The minimum lot depth is 150 feet. (5) The maximum lot coverage is 65 percent. (6) Off - street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right -of -way, except as provided in chapter 20, article XXV, division 3, pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off - street parking area. C. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. d. The minimum setback is 25 feet for side street side yards. Supp. No. 5 CD20:128 ZONING § 20 -716 e. Parking setbacks along public rights -of -way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that 100 percent screening is provided at least five feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscap- ing. Screening through the use of fencing is not permitted. (7) The maximum height is as follows: a. For the principal structure, two stories. b. For accessory structures, one story. (8) Minimum setback requirements: a. For front yards, 25 feet. b. For rear yards, 20 feet. C. For side yards, ten feet. d. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of- -way. e. Buffer yards. 1. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. 2. The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. 3. The buffer yard is intended to provide physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of herming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. (Ord. No. 80, Art. V, § 11(5- 11 -5), 12- 15-86; Ord. No. 94, §§ 1, 3, 7- 25-88; Ord. No. 136, §§ IA, IB, 1- 28 -91; Ord. No. 451, § 4, 5- 29-07; Ord. No. 474, § 11, 10- 13 -08) Sec. 20 -716. Interim uses. The following are interim uses in the "BA" district: (1) Churches. (2) Reserved. Supp. No. 6 CD20:129 ` § 20 -716 CHANHASSEN CITY CODE (3) Farmers markets. (Ord. No. 120, § 3, 2- 12 -90; Ord. No. 243, § 6, 2- 13 -95) Secs. 20- 717 - 20.730. Reserved. ARTICLE XVHI. "CBD" CENTRAL BUSINESS DISTRICT Sea 20 -73L Intent. The intent of the "CBD" district is to provide for downtown business development supporting a strong central business district while enhancing the overall character of the community in conformance with downtown redevelopment plan, goals and objectives. (Ord. No. 80, Art. V, § 12(5- 12 -1), 12- 15 -86) Sec. 20 -732. Permitted uses. The following uses are permitted in a "CBD" district: (1) Antennas as regulated by article XXX of this chapter. (2) Ballroom. (3) Barber and beauty salons and spas including hair, nail, skin and scalp services. (4) Bars and taverns. (5) Bowling center. (6) Clothing rental. (7) Clubs and lodges. (8) Coin - operated service machines. (9) Community center. (10) Convenience stores without gas pumps. (11) Convention and conference facilities. (12) Costume rental. (13) Cultural facilities. (14) Day care center as part of shopping center. (15) Fast -food restaurants as part of shopping center. (16) Financial institutions. (17) Health and recreation clubs, instructions and services. (18) Health services, outpatient only. (19) Hotels. (20) Laundry and garment services including self-service. Sapp. No. 6 CD20:130 group November 13, 2014 Sharmeen Al -Jaff City of Chanhassen 7700 Market Blvd. Chanhassen, MN 55317 Re: Dakota Retail — 7910 Dakota Avenue, Chanhassen, MN Dear Sharmeen: Enclosed please find a check in the amount of $25.00 for the zoning letter for the above referenced property. Should you have any questions, please feel free to contact me at 612- 313 -0107. Sincerely, C �4&r I Sarah Leschinsky Enclosure Cc: Vince Driessen 4999 France Avenue S. I Suite 216 1 Minneapolis, MN 55410 Phone: 612.3 13.0105 1 vdriessen@driessengroup.com Meuwissen, Kim From: AI -Jaff, Sharmeen Sent: Thursday, November 13, 2014 2:45 PM To: Meuwissen, Kim Subject: FW: Dakota retail - zoning letter Kim, can you please finalize this letter. read below regarding the $25.00 fee. Also, the bank needs the letter in order for them to close on the property on the 18' of this month. I want to get the letter to them before we receive the $. g: \plan \2014 planning cases \2014 -11 dakota retail (sinclair) \zoning letter.doc Sincerely, Sharmeen Al -Jaff Senior Planner 952.227.1134 From: Paul Stearns [ mailto :pstearns @DRIESSENGROUP.COM] Sent: Thursday, November 13, 2014 12:55 PM To: AI -Jaff, Sharmeen Cc: Sarah Leschinsky Subject: FW: Dakota retail - zoning letter Hi Sharmeen. The address for Midcountry Bank is below. You can send the letter to me by email and I'll get it to MidCountry. Thanks Sarah —can you please messenger a check for $25 to Sharmeen at the City of Chanhassen? Thank you. Paul Stearns Driessen Group LLC 4999 France Avenue, Suite 216 Minneapolis, MN 55410 Telephone: (612) 313 -0101 Cell: (612) 325 -8391 Facsimile: (612) 338 -8971 From: AI -Jaff, Sharmeen [ mailto :SAl -Ja4C ci.chanhassen.mn us] Sent: Monday, November 03, 2014 2:16 PM To: Paul Stearns; Gerhardt, Todd; Andrea McDowell Poehler Cc: Sarah Leschinsky; Michael A. Putnam Subject: RE: Dakota retail - zoning letter I will take care of the letter. Sincerely, Sharmeen Al -Jaff Senior Planner 952.227.1134 From: Paul Stearns [ mailto :ostearns(cbDRIESSENGROUP.COM] Sent: Monday, November 03, 2014 12:54 PM To: AI -Jaff, Sharmeen; Gerhardt, Todd; Andrea McDowell Poehler Cc: Sarah Leschinsky; Michael A. Putnam Subject: Dakota retail - zoning letter Hi everyone. Our lender is requiring a zoning letter for our upcoming closing on the 191h. I'm not sure if one of you will be helping me with this or if I need to contact someone else. Please advise. In that the project's designation by the City as a "shopping center" is central to the parking requirement calculation it will be important that the letter state that the City considers it as such. Also, the letter needs to be addressed to both the developer, Chanhassen Dakota Retail One, LLC (at my address below) and to the lender, MidCountry Bank, 7825 Washington Ave. S, Suite 120, Bloomington, MN 55439.1 have attached a zoning letter on another project in Savage in case it helps. Thank you. Paul Stearns Driessen Group LLC 4999 France Avenue, Suite 216 Minneapolis, MN 55410 Telephone: (612) 313 -0101 Cell: (612) 325 -8391 Facsimile: (612) 338 -8971 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 11/14/2014 1:43 PM Receipt No. 00268104 CLERK: AshleyM PAYEE: The Driessen Group LLC 4999 France Ave S Suite 216 Minneapolis MN 55410- 7910 Dakota Ave Planning casae 2014 -11 ------------------------------------------------------- Zoning Letter 25.00 Total 25.00 Cash 0.00 Check 5049 25.00 Change 0.00