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