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PC Staff Report 11-18-2014CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: November 18, 2014 1 _ I CC DATE: December 8, 2014 REVIEW DEADLINE: 12/16/2014 CASE #: 2014 -35 BY: Al -Jaff, et al. "The Chanhassen Planning Commission recommends the City Council approve Rezoning 5.02 acres from Neighborhood Business District (BN) to Planned Unit Development (PUD), and a Site Plan Review for the construction of a 3,915 square -foot, single -level retail building with a drive -thru serving a restaurant on 5.02 acres of property located at 2401 Highway 7; and adoption of the attached Findings of Fact and Recommendation." SUMMARY OF REQUEST: The applicant is requesting the following: Rezoning 5.02 acres from Neighborhood Business District (BN) to Planned Unit Development (PUD), and 2. Site Plan Review for the construction of a 3,915 square -foot, single -level retail building with a drive -thru serving a restaurant. Notice of this public hearing has been mailed to all property owners within the required 500 feet. Staff is recommending approval of the request with conditions. LOCATION: 2401 Highway 7, Lots 1 & 2, Block 1, Seven Forty One Crossing Southwest of the intersection of Highway 7 and Highway 41 APPLICANT: SCP PE CHAN, LLC (Paster Enterprises, LLC) 2227 University Avenue West Saint Paul, MN 55114 Mr. Ken Henk Phone: (651) 646 -7901 khenk@Xasterent.com PRESENT ZONING: Neighborhood Business District (BN) 2030 LAND USE PLAN: Commercial ACREAGE: 5.02 Acres (226,512 square feet) DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 2of16 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 Comprehensive Plan. PROPOSAL /SUMMARY The applicant is requesting rezoning of 5.2 acres of property from Neighborhood Business District (BN) to Planned Unit Development (PUD), and a Site Plan Review for the construction of a 3,915 square -foot, single -level retail building with a drive -thru serving a restaurant. The site is occupied by a multi -tenant retail building and is bordered by Highway 7, Walgreens and Super America to the north, Highway 41 to the east and residential developments to the south and west. A right -in only access is provided for off of Highway 7 and full access off of Highway 41. Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 3 of 16 The rezoning of the property to PUD was suggested by staff after meeting with the applicant and understanding his intentions of building with a drive -thru. The site is currently zoned BN which prohibits drive - thrus. The request for a Planned Unit Development plan allows the applicant to seek relief from the standards of the conventional zoning districts by creating a unique zoning district rather than asking for variances. Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses while controlling the development standards. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more - sensitive proposal than would have been the case with the other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against nine criteria. Staff regards the project as a well - designed development. The overall design is sensitive to the area. Based upon the foregoing, staff is recommending approval of the site plan and rezoning with conditions outlined in the staff report. -- --- - - - - -- -- - - - - -- - --! f" I !' .. -- PROPOSED 517E -i* I Y it I ' I hAfM4 _ S.ic! C�SQ{I izrm e�ii +w[R Cl.11l �[xavrvccmad.. cxmrnv w N..T.5. 4` � Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses while controlling the development standards. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more - sensitive proposal than would have been the case with the other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against nine criteria. Staff regards the project as a well - designed development. The overall design is sensitive to the area. Based upon the foregoing, staff is recommending approval of the site plan and rezoning with conditions outlined in the staff report. Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 4 of 16 BACKGROUND On April 25, 1988, the City Council approved the first reading for the rezoning of the property at the southwest corner of Highways 7 and 41 from OI, Office Institutional to BN, Neighborhood Business District. On the same date, the Council also approved the subdivision of the property into three commercial lots. Lot 1 contains the Walgreens building. Lot 2 contains the 7 & 41 Shopping Center, and Lot 3 contains the Super America Gas Station. On May 12, 2008, the City Council approved a site plan for the construction of two retail ,f buildings and upgrading the fagade and parking lot of the existing strip mall The city also approved a conditional use permit to i allow two buildings on one lot. The second building was proposed to share the same parcel as t the strip mall. The second building was never built. The current request ;a proposes the same ' concept but with a smaller footprint and a drive -thm. APPLICABLE REGULATIONS M� ` 7 a 5 I i r � I a 9' Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article VIII. — Planned Unit Development District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Development The applicant is requesting to rezone a 5.2 acres property from Neighborhood Business District (BN) to Planned Unit Development (PUD). Highway 7 runs along the north side of the subject site. Highway 41 runs along the east portion of the site. Residential neighborhoods are located along the south and west portions of the site. v i Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article VIII. — Planned Unit Development District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Development The applicant is requesting to rezone a 5.2 acres property from Neighborhood Business District (BN) to Planned Unit Development (PUD). Highway 7 runs along the north side of the subject site. Highway 41 runs along the east portion of the site. Residential neighborhoods are located along the south and west portions of the site. Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 5 of 16 The 2020 Land Use Plan shows this area designated for development as Commercial. Appropriate zoning for this land use is PUD- Commercial and Neighborhood Commercial. �1 The applicant's goal is to construct a multi -tenant building with a drive -thru for a restaurant. The current zoning of the site (Neighborhood Business District -BN) does not permit drive -thru restaurants. In the past, the city encountered very similar situations in several PUD sites with an underlying zoning of BN (Burger King at Highway 5 and Century Boulevard and McDonalds at Highways 212 and 101). These sites are located on highways and the location of the requested drive -thru is screened and removed from neighboring residential developments. This is a similar situation and rezoning the site to PUD will allow the applicant to construct the desired building and allow the city to maintain its objective of protecting adjoining neighbors. 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, signage, building materials, architectural standards, parking, etc. This site is in the Metropolitan Urban Service Area (MUSA). Staff is recommending that this area be rezoned to PUD - Commercial. 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 complies with providing commercial uses. Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 6 of 16 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. Finding: The proposed uses will continue to complement the surrounding neighborhoods and serve the community. 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: The site is bordered by highways on two sides that can easily accommodate the traffic generated by the site. SITE PLAN The site plan request is for the construction of a 3,915 square -foot multi -tenant single -level building with a drive -thru. The requested use is permitted if the PUD Ordinance is approved and the site rezoned. The maximum permitted site coverage is 70 percent. The proposed development has a total hard coverage area of 67.9 %. Sidewalks and trails allow for connections between the subject site and the surrounding buildings and separates pedestrian from vehicular traffic. Access to the site is provided via a right -in only from Highway 7 and full access off of Highway 41. Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 7 of 16 The existing parking located west of the proposed building will serve this development. The minimum setback in the PUD is 50 feet from Highway 41. The building meets the required setback. The trash enclosure is proposed to be located southeast of the building in the parking lot/drive -thru area and is proposed to be constructed of materials that match the building. It will also be screened from views by the building, landscaping and retaining wall. The added landscaping and boulevard trees will provide a calming effect to a busy area. The design of the building is attractive and is proposed to be constructed of high - quality t 1 h' h' 1..A U.4-1, etaining Wall 1 0 Sign ma ena s w is me u e nc , clear or spandrel glass, prefinished metal canopies and sunscreen. All elevations that can be viewed by the public have received equal attention. South [A7. * East North Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 8 of 16 The building has pronounced entrances, utilizes durable exterior materials, and exhibits articulation. A tower at the north end of the building will feature cultured stone. A drive -thru window is located along the north elevation of the building and the drive -up lane is screened from views by a retaining wall, landscaping and the building. Signs are proposed along the east and west elevations of the building. The ordinance regulating this development limits signage to two elevations per building. The signs must comply with ordinance. A patio is located north of the proposed building and will have a bench and a bike rack. Staff regards the project as a well - designed development. The overall design is sensitive to the surrounding area. Based upon the foregoing, staff is recommending approval of the site plan with conditions as outlined in the staff report. LIGHTING /SIGNAGE The applicant has submitted a lighting plan. 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. The applicant is proposing to utilize down cast lights on the building which is compliance with the City Code. The building is permitted signs on two elevations only. PARKING The ordinance requires one parking space per 200 square feet for the shopping center. The development uses shared parking. The development must provide 222 parking spaces. The applicant is showing 222 spaces. Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 9 of 16 ARCHITECTURAL COMPLIANCE Size, Portion and Placement Entries: The building has pronounced entrances. Articulation: The building incorporates adequate detail and has been tastefully designed. The architectural style is unique to the building but will fit in with the surrounding area. The building will provide a variation in style through the use of brick, clear or spandrel glass, prefinished metal canopies and cultured stone. The building utilizes exterior materials that are durable and of high quality. Signs: All signage must meet the sign criteria in the in the PUD Ordinance. Material and Detail High quality materials are being used on the building. Color The colors chosen for the building are earth tones. The selection is unique, but blends in with the surrounding buildings. Height and Roof Design The building ranges in height between 22 and 26 feet. The district limits the height to two stories. The structure is a single level. The roofline is staggered, adding articulation to the design of the buildings. All rooftop equipment must be screened from views. Facade Transparency All facades viewed by the public contain more than 50 percent windows and /or doors. Loading Areas, Refuse Areas, etc. The trash enclosure is located along the southeast corner of the building. The exterior material 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. SITE PLAN FINDINGS In evaluating a site plan and building plan, the City shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 10 of 16 (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Findin : The proposed development is consistent with the City's design requirements, the comprehensive plan, the zoning ordinance and the site plan review requirements if the City approves the rezoning of the property. Staff will work with the applicant to bring the plans into compliance. Staff is recommending approval of the request with conditions. The site design is compatible with the surrounding developments. It is functional and harmonious with the approved development for this area. Staff regards the project as a reasonable use of the land. The overall design is sensitive to the city's image. Based upon the foregoing, staff is recommending approval of the site plan with conditions outlined in the staff report. Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 11 of 16 GRADING AND DRAINAGE Proposed grading on this site will be minimal, consisting of the building pad, drive -thru and the retaining wall. The proposed plan maintains current drainage patterns to discharge stormwater to the pond that services this retail area. The plan is to utilize the improvements designed and constructed during the construction of Walgreens. It does not appear that the constructed biofiltration feature has been maintained since its installation. The city has not received any reports indicating maintenance or describing performance. The applicant must demonstrate that the biofiltration feature is functioning per design and, in the event it is not, must provide a plan for restoring the designed functions and implement the necessary changes. Part III.D.5.a[5] of the 2013 General Permit to Discharge Stormwater Associated with Small Municipal Separate Stormsewer Systems under the National Pollution Discharge Elimination System/State Disposal System (MS4 permit) requires that a legal mechanism be established between the Permitee (Chanhassen) and the Owner /Operator to assure the ongoing maintenance and performance of the practice including allowing the city access to inspect the feature. The applicant must provide an operations and maintenance (O &M) plan for the biofiltration feature. This O &M shall include a schedule of inspections, inspection forms and a method of communicating the findings and required maintenance to the city. The city has developed a template inspection form which the applicant is welcome to use and modify as appropriate. Topographic plans must be revised to show the benchmark used for the survey. The plans shall show locations proposed for stockpile areas. A soils report shall be submitted to staff indicating soil conditions and permeability RETAINING WALLS The developer proposes a retaining wall on this site to screen the drive -thru traffic. It will run north to south parallel to Trunk Highway 41. It is approximately 145 feet long and has a maximum height of four feet. Retaining walls greater than four feet in height require a building permit and must be designed by a professional engineer registered in the state of Minnesota. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. PARKING LOT & DRIVE -THRU The plans show 8 -foot wide standard parking spaces. The plan must be revised to meet Chanhassen Code for standard spaces: 9 feet wide and 18 feet long. Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 12 of 16 The plan must show single -unit truck turning movements on the drive -thru and a passenger vehicle using the exit bump -out. SIDEWALKS The plans propose a 10 -foot sidewalk connection to the trail along Trunk Highway 41 and a 8- foot connection to the sidewalk in front of the existing retail building to the south. Both connections use a painted crosswalk to delineate crossing locations in the parking lot and drive - thru. The distance between the southern building corners and the back of curb must be a minimum of 5 feet for two -way pedestrian traffic. The developer's engineer will work with staff on the locations, markings and signage for pedestrian crossings. Painted crosswalks shall be installed per the MN Manual on Uniform Traffic Control Devices. ADA pedestrian ramps must be constructed on both sides of all crosswalks shown in the site plan. SANITARY SEWER AND WATER MAIN Sewer and water services were constructed with the initial plan for this development. The proposed plan will adjust and tie in to the existing services. All of the utilities within the property boundary shall be privately owned and maintained. Minimum requirements for landscaping at 7 & 41 Crossings Center include 557 square feet of landscaped area around the parking lot, one landscape island or peninsula, two trees for the parking lot. The applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table. The applicant meets minimum requirements for trees and interior landscaping in the parking lot area. The applicant is required to provide bufferyard plantings along property lines. Bufferyard requirements are as shown in the table: Required Proposed Vehicular use landscape area 557 sq. ft. >557 sq. ft. Trees/ parking lot 2 trees 2 trees Islands or peninsulas/ parking lot 1 islands /peninsulas 3 islands /peninsulas The applicant meets minimum requirements for trees and interior landscaping in the parking lot area. The applicant is required to provide bufferyard plantings along property lines. Bufferyard requirements are as shown in the table: Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 13 of 16 Landscaping Item Required- Proposed Bufferyard B — East 3 overstory trees 3 overstory trees property line, 180', 20' 5 understory trees 5 understory trees width 9 shrubs 20 shrubs Applicant meets bufferyard landscaping requirements. The applicant will be preserving several existing trees and landscape features. The ash tree noted as saved in the north landscape peninsula should be removed and replaced with an alternate species due to the impending threat of EAB. The shrubs under the tree are currently overgrown by buckthorn. The applicant shall remove the buckthorn and replant with an appropriate shrub. COMPLIANCE TABLE COMPLIANCE TABLE WITH HIGHWAY & BUSINESS DISTRICT ORDINANCE Ordinance 4,500 s.f. retail Building Building Height 1 Story 1 Story Building Front Yard Setback Front -35' E -85' Rear -30' W -400' Side Yards 15' N -95' S -280' Building Setback 50' NA from Residential Parking Setback Front -35' E -150' Rear -30' W -NA' Side Yards 15' N -NA S -NA Parking Setback 50' NA from Residential Lot Area 15,000 S.F. 5.28 acres Hard Surface Coverage 70% 67.9% Parking Stalls 222 222 Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 14 of 16 Staff recommends adoption of the following two motions A. Site Plan ADDroval "The Planning Commission recommends the City Council approve the site plan consisting of a 3,915 square -foot single -level retail building with a drive -thru serving a restaurant, Planning Case 2014 -35 as shown in plans dated October 17, 2014, including the attached Findings of Fact and Recommendation, subject to the following conditions: Environmental Resource Conditions: 1. The applicant shall revise the landscape plan to show the existing tree and shrubs in the north landscape peninsula removed and replaced with an overstory tree and shrubs. A revised landscape plan shall be submitted to the city for approval. Buildin¢ Official Conditions: 1. The buildings are 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 greater than four feet high require a building permit and must be designed by a professional engineer registered in the state of Minnesota. 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. En ing eering Conditions: 1. Topographic plans must be revised to show the benchmark used for the survey. 2. The plans shall show locations proposed for stockpile areas. 3. A soils report shall be submitted to staff indicating soil conditions and permeability. 4. The distance between the southern building corners and the back of curb must be a minimum of five feet for two -way pedestrian traffic. 5. The following materials are prohibited for retaining wall construction: smooth face, poured - in -place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Seven Forty -One Crossing Planning Case 2014 -35 November 18, 2014 Page 15 of 16 6. The plan must be revised to meet Chanhassen Code for standard parking spaces: 9 feet wide and 18 feet long. 7. The plan must show a single -unit truck turning movements on the drive -thru and a passenger vehicle using the exit bump -out. 8. The developer's engineer will work with staff on the locations, markings and signage for pedestrian crossings. 9. Painted crosswalks shall be installed per the MN Manual on Uniform Traffic Control Devices. 10. ADA pedestrian ramps must be constructed on both sides of all crosswalks shown in the site plan. 11. The applicant must demonstrate that the biofiltration feature is functioning per design and, in the event it is not, must provide a plan for restoring the designed functions and implement the necessary changes. 12. The applicant must provide an operations and maintenance (O &M) plan for the biofiltration feature. This O &M shall include a schedule of inspections, inspection forms and a method of communicating the findings and required maintenance to the city. Planning Conditions: 1. All rooftop and ground equipment must be screened from views. 2. Sign illumination and design shall comply with ordinance. Signs shall be limited to the east and west elevations. 3. 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. 4. A photometrics plan shall be prepared for the site. 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. 5. Approval of the site plan is contingent upon approval of rezoning the property to Planned Unit Development. B. Rezoning "The Chanhassen Planning Commission recommends that City Council approve Rezoning of 5.2 acres from Neighborhood Business District (BN) to Planned Unit Development (PUD), subject to the following condition and adoption of the attached Findings of Fact and Recommendation: Seven Forty-One Crossing Planning Case 2014-35 November 18, 2014 Page 16 of 16 1.Adoption of the Chanhassen PUD Ordinance, which shall be created to govern the site and design standards.” ATTACHMENTS 1.Findings of Fact. 2.Application. 3.Reduced Copy of Plans dated “Received October 4, 2013”. 4.Letter from MnDOT dated November 5, 2014. 5.Public Hearing Notice and Affidavit of Mailing. 6.Rezoning Ordinance. g:\plan\2014 planning cases\2014-35 seven forty-one crossing rezoning & site plan\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of SCP PE CHAN, LLC (Paster Enterprises, LLC), to Rezone 5.2 acres from Neighborhood Business District (BN) to Planned Unit Development (PUD)and Site Plan Review for the construction of a 3,915 square -foot, single -level retail building with a drive -thru serving a restaurant. On November 18, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of SCP PE CHAN, LLC (Paster Enterprises, LLC), to Rezone 5.2 acres from Neighborhood Business District (BN) to Planned Unit Development (PUD)and Site Plan Review for the construction of a 3,915 square -foot, single - level retail building with a drive -thru serving a restaurant. The Planning Commission conducted a public hearing on the proposed rezoning and site plan review 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 Neighborhood Business District (BN). 2. The property is guided in the Land Use Plan for Commercial. 3. The legal description of the property is: LOT I & 2 EXC: THAT P/O LOTS 1 & 2 DESC AS: BEG AT NW CORN LOT I TH S3 *W ON WLY LINE LOT 1 254.85' TH S86 *E 50.02' TH N3 *E 28.56' TH N86 *E 194.48' TH NELY 64.99 ON TANG CURV CONCAVE TO NW TH N3 *E 169.77 TO N LINE LOT 1 TH N89 *W ON N LINE 282.55' TO PT 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. 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 complies with providing commercial uses. 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. Finding: The proposed uses will continue to complement the surrounding neighborhoods and serve the community. 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: The site is bordered by highways on two sides that can easily accommodate the traffic generated by the site. 5. Site Plan Review In evaluating a site plan and building plan, the City shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; 2 (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Fes: The proposed development is consistent with the City's design requirements, the comprehensive plan, the zoning ordinance and the site plan review requirements if the City approves the rezoning of the property. Staff will work with the applicant to bring the plans into compliance. Staff is recommending approval of the request with conditions. The site design is compatible with the surrounding developments. It is functional and harmonious with the approved development for this area. 6. The planning report #2014 -35 dated November 18, 2014, prepared by Sharmeen Al -Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the project. ADOPTED by the Chanhassen Planning Commission this 18th day of November, 2014. CHANHASSEN PLANNING COMMISSION RIM Its Chairman COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227 -1300 / Fax: (952) 227 -1110 2-o a 4 --31 -f roc aoas -13 P� CITY OF CNANHASSEN APPLICATION FOR DEVELOPMENT REVIEW Date Filed: 10-I -1"IT e0-Day Review Deadline: L2 -1 -ICI- Planner. Case #:2o l4 --26 Section pp ❑ Comprehensive Plan Amendment ......................... $600 ❑ Subdivision ❑ Minor MUSA line for failing on -site sewers..... $100 ❑ Conditional Use Permit ❑ Single - Family Residence . ............................... $325 ❑ All Others... ...................................................... $425 ❑ Interim Use Permit ❑ In conjunction with Single- Family Residence.. $325 ❑ All Ot hers .............................. ........................... $425 ❑� Rezoning ❑r Planned Unit Development (PUD) .................$750 ❑ Minor Amendment to existing PUD ................. 100 ❑ All Others .......................... ............................... $500 ❑ Sign Plan Review ........................ ...........................$150 ❑✓ Site Plan Review ❑ Administrative ....................... ...........................$100 ❑ Commercial /Industrial Districts * .................... ' Plus $10 per 1,000 square feet of buildi ea •Include number of existing employees: c+o.ao and number of new employees: ❑ Residential Districts .......... ............................... $500 Plus $5 per dwelling unit ❑ Create 3 lots or less ......... ............................... $300 ❑ Create over 3 lots .......................$600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots ................... ...........................$150 ❑ Lot Line Adjustment .......... ............................... $150 ❑ Final Plat* ............................. ...........................$250 *Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ Vacation of Easements/ Right -of- way ................... $300 (Additional recording fees may apply) ❑ Variance ................................ ............................... $200 ❑ Wetland Alteration Permit ❑ Single - Family Residence .... ...........................$150 ❑ All Others ........................ ............................... $275 ❑ Zoning Appeal ....................... ............................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the approphate Application Checklist for required submittal Information that must accompany this application) ADDITIONAL REQUIRED FEES: 00 ❑ Notification Sign ................... ............................... $20 TOTAL FEES: $ t I C1 (City to install and remove) ❑ Property Owners' List within 500' ........ $3 per addre �4 Received from: SCP PE G +Pori t_L_L (City to generate -fee determined at p lion meeting) Escrow fo gcording Documents $50 er document Date Received: Ib - t-t - t Check Number: 104'-)- (CUP P ACNARIWAP /Metes & Bounds Subdivision) i15�d Section • • Information Project Name: 7 & 41 Crossings Property Address or Location: 2401 Highway 7 Parcel #: 257940020 Legal Description: Lot 1 & 2, Block 1, Seven Forty One Crossing Total Acreage: 5.02 Wetlands Present? ❑ Yes ® No Present Zoning: Neighborhood Business Requested Zoning: PUD Present Land Use Designation: Requested Land Use Designation: Existing Use of Property: Retail Shopping Center Description of Proposal: Addition of 4,000 SgFt building with drive -thru lane ❑D Check box if separate narrative is attached S.ecti.o-p 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application,[, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City /State /Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct. Name: SCP PE CHAN, LLC (Paster Enterprises, LLC) Contact: Ken Hank Address: 2227 University Ave W Phone: (651) 646 -7901 City /State/Zip: Saint Paul, MN 55114 Cell: (612) 599 -7379 Email: khenk @pasterent.com Fax: (651) 646 -1389 Signature: rb222,'sL' Date: 10/17114 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, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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. PROJECT ENGINEER (if applicable) Name: Sambatek Contact: Mark Anderson Address: 12800 Whitewater Drive, Suite 300 Phone: (763) 259 -6666 City /State /Zip: Minnetonka, MN 55343 Cell: (612) 423 -4095 Email: manderson @sambatek.com Fax: (763) 476 -8532 Section 4: Notification Information Who should receive copies of staff reports? "Other Contact Information: ❑ Property Owner Via: F] Email ❑ Mailed Paper Copy Name: Jack Amdal, SWdIU 55 Architect• ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: 55 west Highway 55. s.ite 275 ❑� Engineer Via: o❑ Email ❑ Mailed Paper Copy City /State /Zip: Piyme.th.MNswi ❑� Other' Via: o❑ Email ❑ Mailed Paper Copy Email: jack @n.dro65ar&ted .c CITY OF CHANHASSEN RECEIVED 7 &43 Crossings- Pad Site Building INTRODUCTION: CHANHASSEN PLANNING OEf I This proposal is to include a drive -thru facility to the prior approved Pad Site Building. In doing so, the prior approved building footprint will be reduced by approximately 500 SF, a pickup window will be added to the north side of the building with stacking on the east side and the entry to the drive -thru from the south. ARCHITECTURAL: The building is oriented on a north /south access; storefront openings are located on all four sides of the building. Main entrances are located on the west elevation facing the existing parking area. Exterior patio areas are proposed for the south end of the building and at the NW corner. Service entries are on the east elevation and include both access to tenant spaces and the mechanical room located in the SW corner of the building. Exterior building materials will be similar to Walgreens and the remodeled exterior of the existing shopping center. All four sides of the building will be brick, storefronts will be clear glazing or spandrel glass. Over the storefronts will be either pre - finished metal canopies or sun screens in colors matching the storefront or tower roof. A building base of rock -faced CMU will be used around the entire building and the tower on the north end will feature cultured stone. Building pilasters will be accented with a downcast wall sconce, color to match storefront frames (see attached). All roof top equipment will be screened by building parapets. A trash enclosure off the SE corner of the building will be fully screen and made of similar materials as the building. A new monument sign will be located south of the main site entrance off of County Rd 41, base materials will match the building. Additional site amenities include a park bench and bike rack located at the trail entry into the site, north of proposed building (see attached). CIVIL: Parking: The plans approved in 2008 for the 7 &41 Crossings site included 226 total required parking stalls based on 1 stall per 200 SF of building area (45,183 total SF of building area). This included the following building areas: • Existing Strip Center = 25,970 SF • Existing Walgreens = 14,713 SF • Proposed Building = 4,500 SF The current application reduces the proposed building size to 3,915 SF, which reduces the total building area from 45,183 SF to 44,598 SF. The proposed plan will provide 222 total stalls, which equates to a parking ratio of 1 stall per 200 SF. stormwater management: • The stormwater management system, designed in 2008, anticipated development o the proposed site. The current proposed site results in a small net increase in impervious area i n 1,960 SF over what was anticipated in 2008, which amounts to an increase of less than 1.0 °h proposed runoff rates for the overall impervious area on this site. This small increase is not anticipated to affect the water quality aspect of the existing stormwater management system. The prop the 10 -year and 100 -year rain events are below the projected rates from 2008, and the 2 -year 0.08 cfs (a 0.6% increase over the 2008 rate). rain event is projected to increase by utilities: ad as part of • Sanitary sewer and water main services were stubbed to the proposed building p the 2008 project, and are anticipated to be sufficient to accommodate the proposed building. Grading & Landscaping: along the proposed drive through lane • A small (less than 4' high) retaining wall will be necessary co east of the new building. The proposed tree shrub p ansunts in the current landscaping plan matches the counts proposed in the approved III y aEa: g I €slk dA W 5F OW w :];]s° u ~ 0 C F f a e 0~ ° °t n Q 2' C {LE tiYy jj[[$), E 6 4 S% E € -5t v ✓ u p� z uZ, f w V x U Gq a jj5f5 U3Pi[ d�.(3 it3 !Pj{{ i NH >�'. 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The Minnesota Department of Transportation (MnDOT) has reviewed the site plan and has the following comment: Permits Any work impacting MnDOT right of way will require a permit. Permit forms are available from MnDOT's utility website at www.dot.state.mn.us /teesup /utility. Please include one 11 x 17 plan set and one full size plan set with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651- 234 -7911 or buck.craigga state.mn.us) of MnDOT's Metro Permits Section. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf version of the plans. MnDOT can accept the plans via e -mail at metrodevreviews.dotgstate.mn.us provided that each separate e -mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MnDOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 One (1) compact disc. 4. Plans can also be submitted to MnDOT's External FTP Site. Please send files to: ftp: / /ftp2. dot. state.mn.us / pub /incoming /MetroWatersEdge /Planning Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to metrodevreviews.dotkstate.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review, please contact me at (651) 234 -7793. Sincerely, 1V - Michael J. Corbett, PE Senior Planner Copy sent via E -Mail: Nancy Jacobson, Design Hailu Shekur, Water Resources David Sheen, Traffic Merlin Kent, Traffic Clare Lackey, Traffic Engineering Doug Nelson, Right -of -Way Buck Craig, Permits Diane Langenbach, Area Engineer Russell Owen, Metropolitan Council 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 November 7, 2014, 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 Seven Forty -One Crossing Rezoning and Site Plan Review Request — Planning Case 2014 -35 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. Kare J. Enge ar t, Depu Clerk Subscribed and sworn to before me this iat%y of Alnyoytfir— , 2014 !'#04 KIM I, MtU1/VIJ,tIV Notary Public•Minnesota My C Notary Pu lc an *A. 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N N Ec my a' m`Sc -2 a' F C C A >.0 @ d C C O d O�t°NNmE L^LL 60 y °m �nm °ca °� «dc O N U •a �' 0 = E: o w.2 0 2c W"v2�m �WC WLU3_ mJ«.d 0ar'i d Y Ci a p O. 107 Od C z L� 0 E ¢bs0= vwiNr oEU �> o 0,a°� W Ow�¢.m -t ww UO._'-nW Cm O d TE. o -j a` ¢ IL -j 5 CCU �Naa WN�££:po��°��a ADAM CUNNINGHAM ADAM MARCHAND BENJAMIN H & HIDEKO GOWEN 2221 SOMMERGATE 2629 ORCHARD LN 6440 HAZELTINE BLVD EXCELSIOR, MN 55331 -8800 EXCELSIOR, MN 55331 -7805 EXCELSIOR, MN 55331 -8049 BNM LLC 5020 PAGE AVE NE ST MICHAEL, MN 55376 -8951 BRIAN D & KRISTINE V MCMENAMIN 6393 MELODY LN EXCELSIOR, MN 55331 -6405 CHASKA ROAD LLC 14525 HIGHWAY 7 STE 335 MINNETONKA, MN 55345 -3739 DALEJOHANSEN 2240 MELODY HILL RD EXCELSIOR, MN 55331 -8891 DANIEL REICH 6378 MELODY LN EXCELSIOR, MN 55331 -6402 DONALD H & ANNETTE K DUEFFERT 2451 64TH ST W EXCELSIOR, MN 55331 -8809 FRANK L & GRETA REESE 6200 CHASKA RD EXCELSIOR, MN 55331 -8823 GARY G & JANET REED 2461 64TH ST W EXCELSIOR, MN 55331 -8809 BRADD W & JILL L SCHNEIDER 2240 SOMMERGATE EXCELSIOR, MN 55331 -8800 C E JR & MARJORIE M WOOSLEY 4783 HAMILTON RD HOPKINS, MN 55343 -3515 CHINN FAMILY POWELL REV TRUST 112 TURQUOISE WAY SAN FRANCISCO, CA 94131 -1640 DAMON MJOHNSON 6366 MELODY LN EXCELSIOR, MN 55331 -6402 DAVID L & MARY JO WILLADSEN 2325 MELODY HILL RD EXCELSIOR, MN 55331 -8894 FAZEL HARIS 16893 SADDLEWOOD TRL MINNETONKA, MN 55345 -2676 GARRETT TRAPNELL 2280 MELODY HILL RD EXCELSIOR, MN 55331 -8891 GARY SCOTT REED 2471 64TH ST W EXCELSIOR, MN 55331 -8809 BRADLEY J STRATTON 6628 ASTER TRL EXCELSIOR, MN 55331 -8845 CARVER COUNTY 602 4TH ST E CHASKA, MN 55318 -2102 DALE JAMES & KELLY LEE HANCE 6480 ORIOLE AVE EXCELSIOR, MN 55331 -7808 DANIEL M RATHMAN 2521 ORCHARD LN EXCELSIOR, MN 55331 -7802 DENNIS L & SHIRLEY M PETERSON 6269 CHASKA RD EXCELSIOR, MN 55331 -8824 FEDERAL HOME LOAN MORTGAGE COR 8200 JONES BRANCH DR MC LEAN, VA 22102 -3107 GARY A & MARIE C BRIDGE 2449 64TH ST W EXCELSIOR, MN 55331 -8809 GLENN D JOHNSTON JR 6263 CHASKA RD EXCELSIOR, MN 55331 -8824 HEATHER SAMDAHL HEIDI L CARLSON IND SCHOOL DIST 276 6421 ORIOLE AVE 6440 ORIOLE AVE 5621 COUNTY ROAD 101 EXCELSIOR, MN 55331 -7809 EXCELSIOR, MN 55331 -7809 MINNETONKA, MN 55345 -4214 JEFFREY A & CHRISTINA M JEREMIAH T PEDERSEN JOHN & RENA DRAGSETH W 2625 ORCHARD LN 2600 FOREST AVE 63661 1 MELODY LN EXCELSIOR, MN 55331 -6405 EXCELSIOR, MN 55331 -7805 EXCELSIOR, MN 55331 -8857 JOHN E & JENNY M AULICK JOSEPH G FISCHER REV INTERVIVO JOSEPH M PFANKUCH 6257 CHASKA RD 6251 CHASKA RD 6250 CHASKA RD EXCELSIOR, MN 55331 -8824 EXCELSIOR, MN 55331 -8824 EXCELSIOR, MN 55331 -8823 KARA T AMOROSI KATHRYN BEYER KELLY LEE HANCE 6451 ORIOLE AVE 6470 ORIOLE AVE 6480 ORIOLE AVE EXCELSIOR, MN 55331 -7809 EXCELSIOR, MN 55331 -7808 EXCELSIOR, MN 55331 -7808 KENNETH J & BETTY L LANG KIM KAMRATH LESLIE A POLTRACK 2631 FOREST AVE 6441 ORIOLE AVE 164 DOUD DR EXCELSIOR, MN 55331 -8858 EXCELSIOR, MN 55331 -7809 LOS ALTOS, CA 94022 -2369 LYNDA M KUZMA MARINA M CROCKER MARK S & LORENA M FLANNERY 2241 SOMMERGATE 6240 CHASKA RD 2350 MELODY HILL RD EXCELSIOR, MN 55331 -8800 EXCELSIOR, MN 55331 -8823 EXCELSIOR, MN 55331 -8893 MATTHEW ALLAN KLOSKOWSKI MCH HOLDINGS COMPANY LLC MICHAEL C TOBIN 6287 CHASKA RD 574 PRAIRIE CENTER DR # 135 -25 6377 MELODY LN EXCELSIOR, MN 55331 -8824 EDEN PRAIRIE, MN 55344 -7930 EXCELSIOR, MN 55331 -6405 MICHAEL D & KARA S TILDEN MICHELLE M CURTIS MICHELLE NADINE NELSON 6390 MELODY LN 2446 64TH ST W 2445 64TH ST W EXCELSIOR, MN 55331 -6402 EXCELSIOR, MN 55331 -8808 EXCELSIOR, MN 55331 -8809 MITCHELL M & SUSANNE B KANTER MYKE L & LYNN S MILLER NANCY JO PERKINS - BROOKS 2220 SOMMERGATE 6405 MELODY LN 2448 64TH ST W EXCELSIOR, MN 55331 -8800 EXCELSIOR, MN 55331 -6404 EXCELSIOR, MN 55331 -8808 NORTON HOMES LLC PATRICK MADER PAUL J & JUDITH A POITEVENT 18215 45TH AVE N STE D 6450 ORIOLE AVE 2300 MELODY HILL RD PLYMOUTH, MN 55446 -4595 EXCELSIOR, MN 55331 -7808 EXCELSIOR, MN 55331 -8893 REALTY INCOME PROPERTIES 3, LL RICHARD D BLISS ROBERT E LEE III 600 LATERRAZA BLVD 6400 MELODY LN 16827 WILLOW LN SW ESCONDIDO, CA 92025 -3873 EXCELSIOR, MN 55331 -6403 PRIOR LAKE, MN 55372 -2364 ROBERT F SOMMER RUSSELL J & LYNN F PAULY SCP PE CHAN LLC 6239 CHASKA RD 2447 64TH ST W 2227 UNIVERSITY AVE EXCELSIOR, MN 55331 -8824 EXCELSIOR, MN 55331 -8809 SAINT PAUL, MN 55114 -1625 SPENCER L GOLDSMITH 2231 SOMMERGATE EXCELSIOR, MN 55331 -8800 STEVENS INVESTMENTS LLC 6505 FOX HOLLOW CT CHANHASSEN, MN 55317 -9265 TRENT S C & NANCY J FRAZIER 2540 ORCHARD LN EXCELSIOR, MN 55331 -7801 ANDREW N FISCHER 6175 RIVIERA LA SHOREWOOD MN 55331 STEVEN R & CAROL J GOOD 6245 CHASKA RD EXCELSIOR, MN 55331 -8824 TARA BROWNELL ABBOTT 18 PLANTATION HILLS DR EVANS, GA 30809 -5614 VIRGINIA A RODE 6275 CHASKA RD EXCELSIOR, MN 55331 -8824 BIG BOX ONE LLC C/O BRUCE DACHIS 4000 25TH ST W ST LOUIS PARK MN 55416 SHOREWOOD VILLAGE SHOPPING CENTER LLC CITY OF SHOREWOOD C/O STANLEY M TAUBE 5755 COUNTRY CLUB RD 1041 RIDGE RD #105 SHOREWOOD MN 55331 WILMETTE IL 60091 FAZEL HARIS & SARIKA HARIS 16893 SADDLEWOOD TRAIL MINNETONKA MN 55345 KARL R BOST ANGEL E GIMENEZ 6090 LAKE LINDEN DR SHOREWOOD MN 55331 LINDY M MARTIN 6065 LAKE LINDEN DR SHOREWOOD MN 55331 GRETA JEAN REESE 6200 CHASKA RD SHOREWOOD MN 55331 KEVIN B BURNS 6070 LAKE LINDEN DR SHOREWOOD MN 55331 LISA I. YOUNGBLOOD 6180 RIVIERA LA EXCELSIOR MN 55331 STEVEN R DAVIS 2630 FOREST AVE EXCELSIOR, MN 55331 -8857 THOMAS A & KIMBERLY P GALLOGLY 2230 SOMMERGATE EXCELSIOR, MN 55331 -8800 WAYNE PETERSON 2444 64TH ST W EXCELSIOR, MN 55331 -8808 BOSCOINC 6140 LAKE LINDEN DR SHOREWOOD MN 55331 ELIZABETH M REID 6115 RIVIERA LA SHOREWOOD MN 55331 KAREN ANN BOYNTON 6155 RIVIERA LA SHOREWOOD MN 55331 LEON C COOK BETH L ANDREWS -COOKS 6045 HIGH POINTE RD SHOREWOOD MN 55331 MICHAEL C LEIGHTON HEIDI C LEIGHTON 24185 WOOD DR SHOREWOOD MN 55331 MILTON H SEIFERT III ROBERT A MEESE ROBERT W REUTIMAN JR PO BOX 216 6185 RIVIERA LA VIRGINIA L REUTIMAN EXCELSIOR MN 55331 SHOREWOOD MN 55331 11610 THIRD AVE N PLYMOUTH, MN 55441 SCOTT S NESTANDE 6067 LAKE LINDEN DR SHOREWOOD MN 55331 WAKEFIELD INVESTMENTS LLC PO BOX 147 101 ASH AVE N MAYER, MN 55360 THOMAS E & SANDRA M AHLSTROM TOLLBERG HOMES LLC 6085 RIVIERA LA 1428 5TH AVE SHOREWOOD MN 55331 ANOKA MN 55303 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning property described below from Neighborhood Business District (BN) to Planned Unit Development (PUD); and adopting the Development Design Standards in its entirety as follows: LOT 1 & 2 EXC: THAT P/O LOTS 1 & 2 DESC AS: BEG AT NW CORN LOT 1 TH S3 *W ON WLY LINE LOT 1 254.85' TH S86 *E 50.02' TH N3 *E 28.56' TH N86 *E 194.48' TH NELY 64.99 ON TANG CURV CONCAVE TO NW TH N3 *E 169.77 TO N LINE LOT 1 TH N89 *W ON N LINE 282.55' TO PT SEVEN FORTY ONE CROSSING PUD DEVELOPMENT STANDARDS 1. Intent The purpose of this zone is to create a PUD neighborhood commercial zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. The Neighborhood Business District regulations shall apply, except as modified by this ordinance. 2. 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 shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Small to medium -sized restaurant -not to exceed 8,000 square feet per building. Fast food restaurants with a drive -thru is limited along the east end of Building A. It must be part of and attached to the multi -use building. The drive -thru lane shall be screened and the exterior wall of the drive -thru shall contain the same level of architectural detail as any other elevation visible by the public. Banks with a drive -in service window • Office Seven Forty One Crossing Design Standards • Day care • Neighborhood scale commercial up to 8,000 square feet per tenant. No individual service component of a retail building shall occupy more than 8,000 square feet of a building. • Convenience store with or without gas pumps and car wash. • 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). 3. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Required From Collector Street 50 feet From Exterior Lot Lines 30 feet Hard Surface Commercial 70% Parking Setback if screening is provided 10 feet 4. 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. 5. 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. a. 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. b. The development shall submit a separate landscaping plan as a part of the site plan review process. c. 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. 2 Seven Forty One Crossing Design Standards d. The required buffer landscaping maybe installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. e. Loading areas shall be screened from public right -of -ways. Wing walls may be required where deemed appropriate. f. Native species shall be incorporated into site landscaping, whenever possible. 6. 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. 7. 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. Seven Forty One Crossing Design Standards 7(a). Project Identification/Tenant Sign One project identification/multi -tenant sign for the development located at the entrance off of Highway 41. Project identification signs shall not exceed 24 square feet in sign display area nor be greater than six feet in height. The sign shall be setback a minimum of 10 feet from the property line. 7(b). Wall Signs a. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend above parapet height. 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. 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. c. Wall signs are limited to two elevations per building. 7(c). Festive Flags /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 torn or excessively worn shall be removed at the request of the city. 7(d). Directional Signs 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 more than four (4) signs shall be allowed per lot. The city council may allow Seven Forty One Crossing Design Standards 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. 7(e). Prohibited Signs • Pylon signs are prohibited. • Back lit awnings are prohibited. 7(f). Sign Design 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. 8. Lighting a. Lighting for the interior of the development shall be consistent throughout the development. High pressure sodium vapor lamps or LED 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. Parking lot light poles may not exceed 25 feet in height. b. Light fixtures in areas other than parking lots should be kept to a pedestrian scale (12 to 18 feet). Street light fixtures may accommodate vertical banners for use in identifying the commercial area. c. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 foot candle at the project perimeter property line. This does not apply to street lighting. Seven Forty One Crossing Design Standards d. 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. 9. Non - Residential Parking a. 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. b. 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." Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 8b day of December, 2014, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on December 18, 2014)