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PC Staff Report 8-7-18PLANNING COMMISSION STAFF REPORT Tuesday, August 7, 2018 Subject Control Concepts ­ Request for Setback Variance Section PUBLIC HEARINGS Item No: C.1. Prepared By Robert Generous, Senior Planner, AICP File No: PC 2018­11 PROPOSED MOTION: The Chanhassen Planning Commission recommends approval of a Bluff Creek primary zone setback variance to construct retaining walls in the required setback subject to the conditions of approval and adoption of the Findings of Fact and Recommendation. SUMMARY OF REQUEST The applicant is requesting approval to locate retaining walls within the 40­foot Bluff Creek primary zone setback to facilitate the construction of the parking lot for the development as well as accommodating the wetland trail to the Chanhassen Nature Preserve. APPLICANT Bauer Design Build, 14030 21st Avenue N., Plymouth, MN 55447, (763) 999­7217, mikel@bauerdb.com Zion Investments LLC, 7014 Willow Creek Road, Eden Prairie, MN 55344, (952) 474­6200, cwatkins@ccipower.com SITE INFORMATION PRESENT ZONING:  Planned Unit Development, PUD LAND USE:Office Industrial ACREAGE:  5.23 acres  DENSITY:  0.24 F.A.R.  APPLICATION REGULATIONS Chapter 20, Article 2, Division 3, Variances Chapter 20, Article XXXI, Bluff Creek Overlay District Arboretum Business Park Development Standards RECOMMENDATION PLANNING COMMISSION STAFFREPORTTuesday, August 7, 2018SubjectControl Concepts ­ Request for Setback VarianceSectionPUBLIC HEARINGS Item No: C.1.Prepared By Robert Generous, Senior Planner, AICP File No: PC 2018­11PROPOSED MOTION:The Chanhassen Planning Commission recommends approval of a Bluff Creek primary zone setback variance toconstruct retaining walls in the required setback subject to the conditions of approval and adoption of the Findingsof Fact and Recommendation.SUMMARY OF REQUESTThe applicant is requesting approval to locate retaining walls within the 40­foot Bluff Creek primary zone setback tofacilitate the construction of the parking lot for the development as well as accommodating the wetland trail to theChanhassen Nature Preserve.APPLICANTBauer Design Build, 14030 21st Avenue N., Plymouth, MN 55447, (763) 999­7217, mikel@bauerdb.com ZionInvestments LLC, 7014 Willow Creek Road, Eden Prairie, MN 55344, (952) 474­6200, cwatkins@ccipower.comSITE INFORMATIONPRESENT ZONING:  Planned Unit Development, PUDLAND USE:Office IndustrialACREAGE:  5.23 acres DENSITY:  0.24 F.A.R. APPLICATION REGULATIONSChapter 20, Article 2, Division 3, VariancesChapter 20, Article XXXI, Bluff Creek Overlay DistrictArboretum Business Park Development Standards RECOMMENDATION Staff recommends that the Planning Commission approve a variance to permit construction of retaining walls within the Bluff Creek primary zone setback as shown in the plans prepared by Loucks, dated 6­15­18, revised 7­12­18, subject to the conditions in the staff report. ATTACHMENTS: Staff Report Dated 8­7­18 Findings of Fact Revised Grading Plan Affidavit of Mailing CITY OF CHANHASSEN PC DATE: August 7, 2018 CC DATE: August 13, 2018 REVIEW DEADLINE: September 17, 2018 CASE #: 2018-11 BY: JA, GB, RG, DN, JS, VS SUMMARY OF REQUEST: The applicant is requesting a setback variance to permit the construction of retaining walls within the 40-foot Bluff Creek Primary zone setback as part of the site plan for a 54,600 square-foot, two story office-warehouse-manufacturing building. LOCATION: Lot 2, Block 1, Arboretum Business Park 7th Addition (PID 25.0680020) 8077 Century Boulevard APPLICANT: Bauer Design Build Zion Investments, LLC 14030 21st Avenue N. 7014 Willow Creek Road Plymouth, MN 55447 Eden Prairie, MN 55344 (763) 999-7217 (952) 474-6200 mikel@bauerdb.com cwatkins@ccipower.com PROPOSED MOTION: “The Chanhassen Planning Commission recommends approval of a Bluff Creek primary zone setback variance to construct retaining walls in the required setback subject to the conditions of approval and adoption of the findings of fact and recommendation.” Planning Commission 8077 Century Boulevard – Control Concepts August 7, 2018 Page 2 of 6 PRESENT ZONING: Planned Unit Development (PUD)/Bluff Creek Overlay District (BCOD) 2020 LAND USE PLAN: Office Industrial ACREAGE: 5.23 acres DENSITY: 0.24 F.A.R. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a Variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATIONS Chapter 20, Article 2, Division 3, Variances Chapter 20, Article XXXI, Bluff Creek Overlay District Arboretum Business Park Development Standards BACKGROUND On July 17, 2018, the Planning Commission recommended approval of the site plan for Control Concepts. One of the conditions was that the developer address the location of the trail relative to the 17-foot retaining wall: “Add detailed design for the retaining wall including a profile, proposed construction materials, and railing/fence. The trail is designed to be on the bottom side of a retaining wall that has portions of it detailed to be 17 feet in height. The safety of the users of the trail needs to be coordinated.” Additionally, the developer was directed to consider adjustment of the site design to facilitate maintenance and snow removal. On May 29, 2007, the Chanhassen City Council approved the following: Preliminary and final plat for two lots and one outlot (Arboretum Business Park 7th Addition). Conditional Use Permit for development within the Bluff Creek Corridor. Site Plan for a 51,800 square-foot office/warehouse building (Mamac Systems) with a variance to permit only 32 percent building transparency on the western building elevation and with a 20- foot setback variance for the drive aisle in the southeast corner of the site for development within the Bluff Creek Corridor on Lot 1, Block 1, Arboretum Business Park 7th Addition (Planning Case #2007-10). Planning Commission 8077 Century Boulevard – Control Concepts August 7, 2018 Page 3 of 6 On September 24, 2001, the Chanhassen City Council approved Interim Use Permit (IUP) #2001-1 to grade a portion of the Arboretum Business Park development and Conditional Use Permit (CUP) #2001-8 to permit development within the BCOD. The IUP and CUP included this property. DISCUSSION The applicant is requesting approval to locate retaining walls within the 40-foot Bluff Creek primary zone setback to facilitate the construction of the parking lot for the development as well as accommodating the wetland trail to the Chanhassen Nature Preserve. This revised plan was in response to discussion as part of the site plan review public hearing. The intent was to create a better pedestrian environment on the trail by reducing the 17-foot tall retaining wall on the uphill side of the trail. The revised staged walls will create a mini-overlook of the wetland, being 10 feet above the bottom of the lower retaining wall in the area of the northeast corner of the parking lot. Site Constraints Wetland Protection The City of Chanhassen Wetland Inventory, the National Wetland Inventory, a review of historic aerial photography and a site visit reveal that wetland is present on the site. The applicant has submitted a wetland delineation and type determination for city review and approval. Bluff Protection There are no bluffs present on the site. Bluff Creek Primary Zone The eastern portion of the site is located within the Bluff Creek Primary Zone. A CUP was approved in 2007 for development in the overlay district. This area is proposed for preservation as permanent open space. A 40-foot structure setback with the first 20 feet in buffer is required. A trail connection is required by the city from Century Boulevard to the existing trail around the wetland complex. EASEMENTS A permanent trail easement will be required over the city’s trail that will cross through the property. Planning Commission 8077 Century Boulevard – Control Concepts August 7, 2018 Page 4 of 6 GRADING The revised grading plan shows two main retaining walls between the wetland and the parking lot. The proposed trail is located between the two retaining walls with two-foot buffer strips on each side of the trail. The overall elevation difference is split fairly equally between the two walls to allow the trail to maintain an appropriate grade. The upper wall is about eight feet in average height near the wetland and considerably shorter than was previously proposed. The parapet design in conjunction with a fence shall be added to the upper wall to protect the users of the trail from miscellaneous debris or snow coming over the upper edge above their heads. The lower wall shall incorporate an open railing style to allow snow to be moved through it when the trail is being maintained. A cut section should be detailed on the plan through the retaining wall and trail area to provide additional visualization of the design. The designer should consider maintenance for the site and determine if additional snow storage volume is needed. The available site area has been maximized and only minimal areas remain in which snow can be temporarily stored. The wall design in the southeast corner of the site could be adjusted to accommodate additional snow storage in the setback area for the BCOD. The snow storage calculation should be provided to the City for review or the information could be added to the drawing. A restoration plan for the area within the buffer areas for the wetland and the BCOD shall be provided. Planning Commission 8077 Century Boulevard – Control Concepts August 7, 2018 Page 5 of 6 MISCELLANEOUS Retaining walls over 4 feet in height require an engineered design and a building permit. PARKS & RECREATION The applicant is proposing a trail connection to the trail within Century Boulevard and the trail located within the Bluff Creek primary zone. In reviewing the original trail submittal, there was concern that the trail was located next to a 17-foot tall retaining wall. One suggestion was to have a staged retaining wall that would create a more pedestrian friendly environment. TREE PRESERVATION The rear wooded area on the lot is within the BCOD. This wooded area is in the primary zone and shall be preserved with the exception of the public trail connection. To ensure the most minimal impacts to the existing woods within the BCOD, staff recommends that the trail alignment be field checked before any construction begins. Staff and developer can verify trees to be removed or preserved along the trail construction route. RECOMMENDATION Staff recommends that the Planning Commission approve variance to permit construction of retaining walls within the Bluff Creek primary zone setback as shown in the plans prepared by Loucks, dated 06-15-2018, revised 7-12-18, subject to the following conditions: Building 1. Retaining walls over 4 feet in heights require an engineered design. Environmental Resources 1. The applicant shall coordinate a trail inspection with the city arborist to review tree removals prior to any trail construction activities. 2. Tree protection fencing must be installed at the edge of grading limits along the trail. Parks 1. The developer shall be responsible for planning, engineering, and constructing the “wetland trail.” Connection points for this new trail shall be the terminus of the Trotters Ridge trail and the intersection of Century Boulevard and Water Tower Place. Bid documents, including plans and specifications, shall be approved by the Park & Recreation Director and City Engineer prior to soliciting bids. Project bidding shall occur in a competitive environment with a minimum of three bids being received. The Planning Commission 8077 Century Boulevard – Control Concepts August 7, 2018 Page 6 of 6 results of the bidding process shall be reviewed with the Park & Recreation Director and City Engineer prior to award. Cash payment for trail construction shall be made from the City of Chanhassen to the developer upon completion, inspection, and acceptance of the trail. 2. Trail easements within Lot 2, Block 1, Arboretum Business Park 7th shall be dedicated to the city to accommodate the “wetland trail”. Water Resources and Engineering 1. The limits of the Bluff Creek Overlay District (BCOD) shall be identified throughout the plan set. 2. Add detailed design for the retaining walls including a profile, proposed construction materials, and railings/fences. 3. Add cut sections through the retaining walls and the trail to provide for easier visualization and enhance constructability. 4. Create a parapet design along the upper wall when it is above the trail. 5. Extend the silt fence installation as appropriate to protect from construction. 6. Identify snow storage locations on the plans. 7. Provide a restoration plan for grading in the wetland buffer and in the Bluff Creek Overlay District (BCOD) buffer. 8. The proposed redevelopment will need Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) permits. 9. It is the applicant’s responsibility to ensure and submit proof that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, RPBCWD, Board of Water and Soil Resources, PCA, etc.). 10. The grade through the ADA areas of the parking lot shall be a maximum of 2% slope in any direction. The point elevations should be re-checked. Add this code requirement in a note on the plans. g:\plan\2018 planning cases\18-11 control concepts - site plan review\variance 18-11\staff report control concepts var.doc 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Bauer Design Build and Zion Investments, LLC for a Bluff Creek primary zone setback variance to construct retaining walls in conjunction with a site plan for a 54,600 square- foot, two-story, office, warehouse and manufacturing building on property zoned Planned Unit Development – Planning Case #2018-11. On August 7, 2018, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Planning Commission makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development, PUD. 2. The property is guided in the Chanhassen Comprehensive Plan for Office Industrial uses. 3. The legal description of the property is Lot 2, Block 1, Arboretum Business Park 7th Addition. 4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The granting of the variance will provide an enhanced opportunity for the pedestrian experience on the required wetland trail. The use of the variance provides reduced impacts to the natural areas. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 2 Finding: While the developer could have constructed a 17-foot tall retaining wall for the parking lot outside of the required Bluff Creek primary zone setback, the trail experience would have been greatly reduced for trail users. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is to enhance the trail experience. Economic considerations are not a factor in the decision. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The developer could have built a retaining wall that complied with the required setback, but the trail experience would have been greatly impacted. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will permit an enhanced wetland trail experience for the trail users. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, Subdivision 14, when in harmony with this Chapter. Finding: This condition does not apply. 5. The planning report #2018-11, dated August 7, 2018, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends approval of a Bluff Creek primary zone setback variance to construct retaining walls in the required setback subject to the conditions of approval in the staff report. ADOPTED by the Chanhassen Planning Commission this 7th day of August, 2018. CITY OF CHANHASSEN BY: _______________________________ Chairman \\cfs5\cfs5\shared_data\plan\2018 planning cases\18-11 control concepts - site plan review\variance 18-11\findings of fact and recommendation - variance.doc NOPARKINGNOPARKINGNOPARKING8 8 8 8 8 88 8 8888 88844444TW=969.90 82.1%1.0% 888 8 8PROPOSED BUILDING FFE = 1071.40 69.00 69.45 68.43 67.71 68.51 69.01 69.18 68.71 69.00 69.44 70.18 69.82 69.85 69.78 69.61 70.10 70.50 69.90 70.15 70.09 69.92 70.13 71.48 71.39 71.75 72.07 71.37 71.71 73.36 71.82 74.17 74.77 75.1875.85 75.90 74.62 74.74 74.2774.36 75.03 74.88 73.49 73.93 71.74 71.74 71.16 71.38 70.73 70.73 71.13 71.13 71.13 69.58 69.96 70.53 70.03 68.44 69.31 68.38 68.88 68.0269.8668.7069.4769.16 68.24 67.54 55.11 49.50 49.70 57.02 57.22 53.19 53.39 58.80 58.79 59.80 60.58 61.01 61.21 71.10 70.7170.6270.6071.10 69.98 70.62 71.10 70.76 70.54 69.41 69.06 71.10 71.22 71.40 71.27 71.27 71.40 71.22 71.22 71.40 71.10 70.82 71.12 70.72 70.03 70.74 70.24 70.44 70.74 70.48 70.38 70.5770.67 70.76 70.82 70.51 70.13 70.82 70.50 71.04 72.30 71.48 70.70 70.3970.80 71.06 71.13 71.37 71.4071.27 71.31 71.35 71.30 71.37 71.40 71.40 70.45 70.73 70.7970.73 71.00 71.35 71.40 71.40 71.35 71.10 70.77 70.99 71.40 71.23 69.49 70.15 67.40 67.2067.58 67.40 67.16 68.58 70.50 71.40 71.40 67.40 67.20 GW=967.40 TW=971.40 GW=967.20 TW=971.25 69.90 70.50 70.50 GW=967.40 TW=969.30 GW=967.20 TW=969.60 GW=967.50 GW=967.40 TW=969.39 GW=967.17 TW=969.90 GW=967.74 TW=970.50 4. 1 %2.1%2.5%2.0%2.1%2.0%2 . 0% 2.4%2.0%1.0%1.5%2.9% 69.83 69.511.0%2.0%1.1%1.1%69.12 2.0% 3.0%2.6%1.0%2.0%70.81 1.3%2.5%2.0%3.3%3.0%3. 0 % 6. 0 % 6. 0 % 6. 0 % 3.1% 1.0%1.0%1.1% 1.1% 2.0%2.0%2.5%1.5%1.5%1.5%1.5%2.9%3.1%2.1%71.74 1.0%1.3%2.0%4.3%5.0%2.0% 2.0%5.0% 4.0% 3.0% 2.0 % 2.0% 2.0% 1.5%1.0%3.0%4.0%4.3%0.3%2.0% 2.0%1.8%1.0%1.2%1.0%4. 5 % 4. 5 % 1. 5 %974971 9 7 2973 971968969970968969970971 968969970971971 970975 974 973 972 97 1 972973970970971971 9 7 2972 971971971971 972 973974969 970 971971 970971 97 0 970 9 6 5 9 6 1 9 6 2 9 6 3 9 6 4 9 6 6 9 6 7968 9659629639649 6 6967 94 5 950 955960 94 6947948949951952953954956957958959961 950946947948949959 958 957953 954 955 956957958959 96096171.2624.8%22.2% 16.2%23.4%59.80 70.74 97 0 96 9 9 6 9 70.9771.07 68.33 68.10 67.60 67.96 68.1867.48 71.17 71.07 70.4470.70 69.35 49.70 49.5026.4% 952 951 9509509519529539549559569609699 6 9 1 2 3 4 5 6 7 RETAINING WALL ELEVATIONS 1 2 3 4 5 6 7 8 9 10 11 13 TW-67.82 BW-67.82 14 15 16 17 18 19 20 21 23 TW-69.52 BW-67.62 TW-68.86 BW-66.81 TW-69.17 BW-66.03 TW-68.40 BW-64.11 TW-69.56 BW-62.20 TW-67.45 BW-60.59 8 9 10 11 12 13 TW-68.11 BW-60.59 TW-68.59 BW-60.59 TW-68.30 BW-58.30 TW-67.62 BW-58.30 TW-xx BW-xx 15 16 17 18 19 20 21 TW-65.75 BW-65.75 TW-63.83 BW-57.50 TW-61.92 BW-55.20 TW-60.31 BW-51.20 TW-60.31 BW-50.93 TW-60.31 BW-50.30 TW-58.02 BW-50.30 22 22 TW-56.59 BW-49.20 23 TW-55.17 BW-55.17 12 14 TW-69.56 BW-68.73 TW-69.00 BW-63.50 6.3%7. 0 %6.1%2.5%6.0%4. 3 % 4 . 8% 06-15-18 CITY SUBMITTAL © 7001 France Avenue S, Suite 200, Edina, Minnesota 55435 952-893-9020 Fax 952-893-9299 www.bdhyoung.com interiors | architecture LOUCKS 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL LOUCKS PROJECT NO. 17516NOT FOR CONSTRUCTIONFOR INFORMATION ONLY06-19-18 WATERSHED SUBMITTAL 07-12-18 WATERSHED RESUBMITTAL N NOTE: EXISTING CONDITIONS INFORMATION SHOWN IS PROVIDED BY LOUCKS. REFER TO ALTA/NSPS LAND TITLE SURVEY DATED 05/08/18 FOR COMPLETE SURVEY INFORMATION. Gopher State One Call WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. SCALE IN FEET 300 60 73 23 CIVIL LEGEND GRADING, DRAINAGE & EROSION CONTROL NOTES 1.SPOT ELEVATIONS REPRESENT FINISHED SURFACE GRADES, GUTTER/FLOW LINE, FACE OF BUILDING, OR EDGE OF PAVEMENT UNLESS OTHERWISE NOTED. 2.CATCH BASINS AND MANHOLES IN PAVED AREAS SHALL BE SUMPED 0.04 FEET. ALL CATCH BASINS IN GUTTERS SHALL BE SUMPED 0.16 FEET. RIM ELEVATIONS SHOWN ON PLANS DO NOT REFLECT SUMPED ELEVATIONS. 3.ALL DISTURBED UNPAVED AREAS ARE TO RECEIVE MINIMUM OF 6 INCHES OF TOP SOIL AND SEED/MULCH OR SOD. THESE AREAS SHALL BE WATERED/MAINTAINED BY THE CONTRACTOR UNTIL VEGETATION IS ESTABLISHED. 4.ACTIVITIES MUST BE CONDUCTED SO AS TO MINIMIZE THE POTENTIAL OF AQUATIC INVASIVE SPECIES TO THE MAXIMUM EXTENT POSSIBLE. 5.FOR SITE RETAINING WALLS "TW" EQUALS SURFACE GRADE AT TOP FACE OF WALL (NOT TOP OF WALL), "GW" EQUALS SURFACE GRADE AT WALL GRADE TRANSITION, AND "BW" EQUALS SURFACE GRADE AT BOTTOM FACE OF WALL (NOT BOTTOM OF BURIED WALL COURSES). 6.REFER TO THE REPORT OF GEOTECHNICAL EXPLORATION AND REVIEW (REPORT NO. B1801313), DATED MARCH 13, 2018 AS PREPARED BY BRAUN INTERTEC FOR AN EXISTING SUBSURFACE SITE CONDITION ANALYSIS AND CONSTRUCTION RECOMMENDATIONS. 7.STREETS MUST BE CLEANED AND SWEPT WHENEVER TRACKING OF SEDIMENTS OCCURS AND BEFORE SITES ARE LEFT IDLE FOR WEEKENDS AND HOLIDAYS. A REGULAR SWEEPING SCHEDULE MUST BE ESTABLISHED. 8.DUST MUST BE ADEQUATELY CONTROLLED. 9.SEE SWPPP FOR ADDITIONAL EROSION CONTROL NOTES AND REQUIREMENTS. 10.SEE UTILITY PLAN FOR WATER, STORM AND SANITARY SEWER INFORMATION. 11.SEE SITE PLAN FOR CURB AND BITUMINOUS TAPER LOCATIONS. C3.1 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on July 5, 2018, 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 a hearing to consider a setback variance request for encroachment into the Bluff Creek Overlay District Setback for property located at8077 Century Boulevard and zoned Planned Unit Development (PUD). Applicant: Bauer Design Build, Owner: Zion Investments, LLC 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. Subscribed and sworn to before me this -7 daV of AwSust ,2078. ry Public Notice of Public Hearing Chanhassen Planning Gommission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time:Tuesday, August 7, 2018 at 7:00 p.m. This hearing may not start until later in the eveninq, depending on the order of the agenda. Location:Citv Hall Council Chambers, 7700 Market Blvd. Proposal:Consider a setback variance request for encroachment into the Bluff Creek Overlay District Setback Applicant:Bauer Design Build Property Location: 8077 Century Boulevard A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the oroiect. Questions & Gomments: lf you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2018-11. lf you wish to talk to someone about this project, please contact Bob Generous by email at boenerous@ci.chanhassen.mn.us or by phone at 952-227-1131 . lf you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planninq Commission meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen. m n.us/notifyme to sign u p! City Review Procedure: . Subdivisions, Planned Unit Oevelopments, Site Plan Reviews, Conditional and lnterim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 5OO feet of the subject site to be notified of the application in triting. Any interested party is invited to attend the meeting.. Staff prepares a report on the subject application that includes all pertinent infomation and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendalion. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the Cily Council. The City Council may reverse, affirm or modify wholly or partly the Hanning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council excepl rezmings and land use amendments from residential to commercial/industrial. . Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some appli€tions due to their @mplexity may take several months to complete. Any pecon wishing to follow an item through the process shold check with the Ptanning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokesperson/representative is enmuraged to provide a contacl for the city. Ofren developers are encouraged to meet with the neighborhood regarding iheir proposal. Staff is also available to review the project with any interested person(s). . Because the Planning Commission holds the public hearing, the City Council does not. Minutes are laken and any @rrespondence regarding the application will be included in the report to the City Council. lf you wish to have something to be included in the report, ^la..a ^^nt.d tha g.n^in6 qt.ff 6AR^n nrm.rl nn lhc ^alifi.rlidn Date & Time:Tuesday, August 7 , 2O1B at 7:00 p.m. This hearing may not start until later in the evening, depending on the order gf the agenda. Location:City Hall Council Chambers, 7700 Market Blvd. Proposal:Consider a setback variance request for encroachment into the Bluff Creek Overlay District Setback Applicant:Bauer Desiqn Build Property Location: 8077 Century Boulevard A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the proiect. Questions & Comments: lf you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2018-11. lf you wish to talk to someone about this project, please contact Bob Generous by email at bqenerous@ci.chanhassen.mn.us or by phone at 952-227-1131. lf you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planninq Gommission meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.m n.us/notifyme to sig n u p! City Reviow Procedure: . Subdivisions, Planned Unit De\€lopments, Site Plan Reviews, Conditional and lnterim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinancesrequireallpropertywithin5OOfeetofthesubjectsitetobenotifiedoftheapplicationinwiting. Anyinterestedpartyis invited to attend the meeting. . Stafi prepares a report on the subject application that includes all periinent infomation and a recommendation. These reports are available by request. At the Planning Commission meeling, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public hearing and discuss lhe item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments lake a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciauindustrial. . Minnesota State Statute 519.99 requires all applications to be proessed within 60 days unless the applicnt waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokespeGon/representative is en@uraged to provide a contacl for the city. Often develope6 are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review lhe prcject with any interested pe6on(s). . Because the Planning Commission holds the public hearing, the Oty Council does not. Minutes are taken and any corespondence regarding ihe application will be included in the report to the City Council. lf you wish to have something to be included in the report, nleese .dnia.J lhe Plannino Staff osson named on the notification. TAX_NAME TAX ADD L1 TAX ADD L2 TAX_ADD-13 CHASKA GATEWAY PARTNERS 36L0 COUNW ROAD 101 WAYZATA MN 55391-3424 MAMAC PROPERTIES LLC 8189 CENTURY BLVD CHANHASSEN MN 55317-8002 COEUR TERRA LLP 7801 PARK DR STE F CHANHASSEN MN 55317-9219 BALL RANCH CO LLC 1850 LAKE DR W CHANHASSEN MN ss317-8585 BOERGER BUILDING LLC 2860 WATERTOWER PL CHANHASSEN MN 55317-8004 CENTURY 2OOO PARTNERS LLP 3610 HIGHWAY 1O1S WAYZATA MN 55391-3424