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PC Minutes 11-18-2014 CHANHASSEN PLANNING COMMISSION REGULAR MEETING NOVEMBER 18, 2014 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Lisa Hokkanen, Kim Tennyson, Maryam Yusuf, Steve Weick and Dan Campion STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC HEARING: 7/41 CROSSING: REQUEST TO REZONE 5.01 ACRES OF PROPERTY FROM NEIGHBORHOOD BUSINESS (BN) TO PLANNED UNIT DEVELOPMENT (PUD); AND SITE PLAN REVIEW WITH VARIANCES FOR A 4,000 SQUARE-FOOT RETAIL BUILDING WITH A DRIVE-THRU LOCATED AT 2401 HIGHWAY 7. APPLICANT/OWNER: SCP PE CHAN, LLC (PASTER ENTERPRISES, LLC), PLANNING CASE 2014-35: Al-Jaff: Chairman Aller, members of the Planning Commission. The site is located southwest of the intersection of Highway 7 and 41. Briefly some background on this application. Back in 1988 the City Council approved the first reading to rezone this property from office institutional to neighborhood business. At that same meeting the City Council approved the subdivision of the property into three commercial lots. Lot 1 contains, today it contains the Walgreens building which is located at the northwest corner of the site. Lot 2 contains the 7 and 41 shopping center which is a multi-tenant retail building. And Lot 3 contains SuperAmerica which is located at the northeast corner of the site. In 2008 the City Council approved a site plan for the construction of Walgreens. They also approved, basically re-facing this multi-tenant building and upgrading it. They also approved a site plan for a multi-tenant building located where the proposed building is intended to go. That building was never built. The applicant today met with us and requested that they put a multi-tenant building again but with a drive thru. In order to accomplish this the applicant, the City would need to rezone the site to a planned unit development since under the neighborhood business district drive thru’s are not permitted. They also wish to construct a 3,915 square foot single level retail building. In order to rezone the site to a planned unit development one of the things that we would need to look at is what is the site guided for under the Comprehensive Plan and the Comprehensive Plan guides it commercial. Under that type of use, commercial uses are permitted as well as different types of commercial zoning on the site. That would make it consistent with the Comprehensive Plan which is a requirement in order to rezone a property. One of the things that we also need to point out, we have run into very similar situations as this one with several establishments within Chanhassen. The corner of Century Boulevard and Highway 5. There is a planned unit development with a neighborhood business underlying district. The owner of the property requested that they put in an establishment with a drive thru and under the planned unit development they were permitted to do so. The drive thru faces the highway and it’s removed from the adjoining neighborhood. With Crossroads of Chanhassen we, again we have a very similar situation. McDonald’s came in probably about a Chanhassen Planning Commission – November 18, 2014 year ago and we were able to again amend the planned unit development. With specific locations and under the planned unit development we’re able to create specific conditions that would allow something such as a drive thru to work and through the planned unit development ordinance we’re able to regulate these types of uses. So staff prepared an ordinance and the site plan that you will see before you is completely based on the ordinance that was written for this development and approval of the site plan is contingent upon approval of the planned unit development ordinance. So the proposed building is located along the easterly portion of the site and it will back up to Highway 41. The building is a one story building. It is proposed to have potentially two tenants. The first tenant would occupy about 2,500 square feet. The second one 1,415. There is a, under the planned unit development ordinance the development is allowed to have up to 70 percent hard surface coverage and what the applicant is proposing is below that. 67.9 percent. One of the things that we are able to accomplish with this development is, to continue the sidewalk connections within this development this is going to allow for a separation of pedestrian traffic from vehicular traffic. Access to the site is off of Highway 41. You have full access off of 41 and then a right in only off of Highway 7. One of the other things that needs to be pointed out is the location of the trash enclosure. It is located southeast of the building but what is also good about this location, there is approximately 6 foot drop between Highway 41 and this location. As such it won’t be visible as people are passing by it. Materials on the trash enclosure will be identical to the building. There will be a retaining wall along the easterly side of the site which is intended to be around 4 feet in height. That will help screen the drive thru. Also the parking lot is located west of the building and the building will help screen the parking lot as well. So the building elevations that you see before you, it has pronounced entrances. It utilizes durable exterior materials. It exhibits articulation. There will be a tower along the northerly portion of the site. It’s also where the drive thru pick-up window is located. The proposed materials on the building are what you see along, on the left hand of the site. What we did was we also pulled up the materials from the 7 and 41 Crossings retail building just to show you a comparison. So majority of the materials are the same. However there is the introduction of the cast stone on the tower so there will be materials that will compliment what is out there but there will also be the addition of other materials that will allow this building to stand alone and be different. Signage is permitted on two sides of the building only. The west and the east elevations. A monument sign is also proposed along Highway 41. 6 feet in height. It will utilize the same materials as the building. Roof top equipment will be screened via parapet walls. One of the other things that we are gaining with this a patio. Outdoor seating area north of the site and it will contain some bike racks and benches. We believe that this is a good development. It will add a nice element to this development and we are recommending approval with conditions outlined in the staff report and I’ll be happy to answer any questions. Aller: Anybody have any questions at this point? I guess what I would like to know is, have we done a traffic study with regard to the potential number of expected visitors or customers for that size of development? Fauske: Chairman Aller, a traffic study was not included with this proposal since the zoning, the land use didn’t really change with what was originally, what was originally approved. In particular, one thing that did come up during the staff review and you’ll note in the conditions of approval was the location of the pedestrian crossing across the entrance. Upon review staff and 2 Chanhassen Planning Commission – November 18, 2014 the applicant’s engineering consultant have been in discussions as far as where that should be placed so that we can try to provide the safest crossing possible for pedestrians. Aller: Anything else? Everybody familiar with the reports and the material so we hear from the applicant at this point if the applicant wants to come forward. Welcome sir. If you could state your name and address and representation. Ken Henk: Good evening. My name is Ken Henk. I’m with Paster Properties. Up until 2 weeks ago we were Paster Enterprises and we recently changed our name. I reside in Eden Prairie. 15386 Village Woods Drive. Paster Properties, Paster Enterprises started in 1948. We’ve been in business for more than 65 years. We own, manage and develop retail shopping centers primarily. Some of our projects that were built in 1950’s are still in the portfolio so we’re glad to be a part of the Chanhassen community. We take pride in being a good corporate citizen in the communities where we have shopping centers. We purchased this property in July of this year. The Walgreens building itself was purchased by another party in I believe in April of this year and like I said we’re glad now to be a part of Chanhassen. We’re looking at adding a building similar to the one that was approved in 2008 with the addition of the drive thru. Brady Bosselman with Sambatek, our engineering consultant is also with me this evening. We’ve both reviewed all of the comments from the staff report. We’re in agreement with it. There’s a couple things that need to be worked out and we know we can accomplish that and we stand both of us for any questions you may have. Thank you. Aller: Great, thank you. Anything? The report’s fairly complete. I guess the, the big concern I have in reading the report is there’s the school right next door. It’s kind of a good thing and a bad thing at the same time because you have a lot of traffic there. You have the possibility then for parents to bring their kids over and eat or shop or do whatever while there’s soccer going on and tennis going on and those things or before and after school but at the same time I want to make sure that the kids are safe so, what kind of thoughts have you given to that? Ken Henk: That’s a very good question. I’m trying to think if we have a similar situation at any of our other properties. I’m sure we do. It’s something we’re going to have to look into. Look into further. Two of the people that work for the company, their kids play at those soccer fields down there on 41 and they’re well aware of those as well and we’ll certainly address those issues. Aller: Great, thank you. Based on the responses or presentation, any other questions? None? Okay, thank you sir. Anyone wishing to come up and make a comment either for or against the item can do so at this time. I’ll open the public hearing portion of the presentation. Seeing no one come forward I’ll close the public hearing portion of the item and we’ll go to commissioner comments and discussion. Tennyson: Looks very nice. Hokkanen: Very familiar with the property so. 3 Chanhassen Planning Commission – November 18, 2014 Aller: Yep. The materials and it looks like they’re taking, due attention to traffic and safety and snow removal and those issues and the nice thing about this is we have a PUD so it does give us the ability to control some of those items to what we want so, rather than just taking something that fits the commercial zoning in and of itself. So with that any other discussion? Or I’ll entertain a motion if someone wants to make a motion. Undestad: I’ll make a motion. Aller: Mr. Undestad. Undestad: The Chanhassen Planning Commission recommends the City Council approve a rezoning of 5.02 acres from Neighborhood Business District to Planned Unit Development 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 5.2 acres of property located at 2401 Highway 7 and the adoption of the Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Tennyson: I’ll second. Aller: And I have a motion and a second. Any further discussion? Take to a vote. Undestad moved, Tennyson seconded that the Chanhassen Planning Commission recommends the City Council approve a rezoning of 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, Planning Case 2014-35 as shown in plans dated received October 17, 2014 and subject to the following conditions and adoption of the Findings of Fact and Recommendation: A. Site Plan. 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. Building 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 Chanhassen Planning Commission – November 18, 2014 4.Detailed occupancy-related requirements will be addressed when complete building plans are submitted. 5.The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Engineering 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. 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. 5 Chanhassen Planning Commission – November 18, 2014 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. A.Rezoning 1.Adoption of the Chanhassen PUD Ordinance, which shall be created to govern the site and design standards.” All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: TH 610 WEST 96 STREET: REQUEST FOR VARIANCE FOR ACCESSORY STRUCTURES IN EXCESS OF 1,000 SQUARE FEET ON APPROXIMATELY 4.5 ACRES OF PROPERTY ZONED AGRICULTURAL ESTATE (A2) AND LOCATED AT TH 610 WEST 96 STREET. APPLICANT/OWNER: ROBERT AND CHRISTIN BOECKER, PLANNING CASE 2014-33. Aanenson: Before he starts I did want to point out that we did receive some additional information that was handed out to all the commissioners so, the applicant may address it but otherwise if there’s questions to staff we’d be happy to answer that at the end of the presentation. Aller: Great and for those watching at home I did look at the update and it’s been on the website since this afternoon as well so it’s there for your use and your perusal. Generous: Thank you Chairman Aller, commissioners. That was my first material we did hand out the material that was included today. It contains a petition, a letter and an alternative design for this project. I would point out that I showed our stable person the alternative design and they said that that would not work because it’s, for a stable you need to have an enclosed structure so just for informational purposes. The applicant are Robert and Christin Boecker. The property is th located at 610 West 96 Street. This is just north of Pioneer Trail and west of the Great Plains th Boulevard, Highway 101. It’s the second property on the south side of West 96 Street as you come into this development. This property is guided in the city’s Comprehensive Plan for residential low density uses. That means densities of 1.2 to 4 units per acre or in suburban standards about third acre lots. Currently it’s, depending on the number, 4.28 to 4.49 acres in size. The property is in the 2010 Metropolitan Urban Service Area so it could receive urban services at any time. However it is dependent on the development of the property to the northwest to serve this with additional sewer and water services. The property is zoned A2, Agricultural Estate District. In this City’s parlance that’s really a holding category. It preserves rural character but it doesn’t, it limits the types of uses that can be there and the minimum lot 6