CC Staff Report 1-8-07
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
3d.-
-,
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Bob Generous, Senior Planner ,uLl.
O'(~ ~
DATE:
January 8, 2007
SUBJ:
Rezoning and Land Use Map Amendment - Old Village Hall
Planning Case 07-01
EXECUTIVE SUMMARY
The City is processing a land use amendment from Public/Semi-Public to
commercial, and rezoning from Office and Institutional District, 01, to Central
Business District, CBD to permit commercial uses within Old Village Hall.
ACTION REQUIRED
City Council approval requires a majority of City Council present.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on January 2, 2007 to review the
proposed amen t and rezonin e Planning Commission voted unanimously
(7 - 0) to reco d that the City ncil approve the amendment and rezoning.
They stated that the change would provide the City with greater flexibility in the use
of the property.
RECOMMENDATION
The Planning Commission minutes are attached to this report.
Staff recommends adoption of the motion as specified on page 4 in the staff report
dated January 2, 2007 approving the amendment and rezoning.
1. Planning Commission Staff Report Dated January 2, 2007.
2. Rezoning Ordinance.
3. Resolution of Amendment.
4. Planning Commission Minutes for January 2, 2007.
g:\plan\2007 planning cases\07 -01 old village hall\executive summary.doc
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
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PC DATE: January 2,2007
OJ
CC DATE: January 8, 2007
CITY OF CHANHASSEN
REVIEW DEADLINE: January 30,2007
CASE #: 2007-01
BY: RG
STAFF REPORT
PROPOSAL: Request of a land use amendment from Public/Semi-Public to commercial and rezoning
from Office and Institutional District, 01, to Central Business District, CBD.
LOCATION: Old Village Hall- 391 West 78th Street
APPLICANT:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1118
I
~
PRESENT ZONING: Office And Institutional District, 01
2020 LAND USE PLAN: Public/Semi-Public
ACREAGE: 0.54 acres
DENSITY: NA
SUMMARY OF REQUEST: Request for a land use amendment and rezoning ofthe property to make
it consistent with the rest of the plat of Old Village Hall.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has a relatively high level of discretion in approving amendments and rezonings because the
City is acting in its legislative or policy making capacity. A rezoning must be consistent with the City's
Comprehensive Plan.
Notice ofthis public hearing has been mailed to all property owners within 500 feet.
SCANNED
Location Map
Old Village Hall
Planning Case No. 07-01
City of Chanhassen
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SUBJECT
PROPERTY
Old Village Hall
Planning Case 2007-01
January 2,2007
Page 2 of 4
PROPOSAL/SUMMARY
The City is processing a land use amendment and rezoning to permit commercial uses within Old
Village Hall. Part of the problem with the site is that Great Plains Boulevard used to run across the
property before it was realigned as part of the West 78th Street and Highway 101 realignment. This
66-foot wide area that used to be part of Great Plains Boulevard is shown on the land use map as
public/semi-public and on the zoning map as Office and Institutional District.
The property to the north of West 78th Street and west of Great Plains Boulevard is zoned CBD and
contains the old Kenny's Market building. The property north of West 78th Street and east of Great
Plains Boulevard is zoned 01 and contains Chapel Hill Academy. To the east is old St. Hubert's
Church, currently leased by the City. St. Hubert's Catholic Community owns the church and
cemetery. Re/Max constructed a building to the southeast ofthe site. The railroad and West 79th
Street are south of the site. Brown's Car Wash, zoned Highway Business District, BH, is on the
south side of West 79th Street. West of the site is The Goddard School, which is zoned CBD, and
across Great Plains Boulevard is the Chanhassen Dinner Theater, which is also zoned CBD.
The land included as part of the land use amendment and rezoning at one time was part of Great
Plains Boulevard. The intent of the amendment and rezoning is to make all of this development,
The Goddard School and Old Village Hall, one land use and zoning. Additionally, the rezoning will
pennit the City greater flexibility in leasing Old Village Hall. The City will retain control of the
uses pennitted within Old Village Hall through our ownership of the property. Additionally, use of
the site is constrained by the building size, 550 square feet, and the allocated parking stalls, four.
For example, retail or office uses of the building require three parking spaces. A restaurant use of
the building would not be permitted because nine parking spaces would be required.
Staff is recommending approval of the land use amendment and rezoning of the property.
APPLICABLE REGUATIONS
Chapter 20, Article II, Division 2, Amendments
BACKGROUND
Village Hall was constructed in 1898. This area is in the most historical portion of the City. The
Old Village Hall was formerly known as the Pauly/Pony/Przymus property and was owned by
the EDA. The parcel was 1.15 acres in size. The buildings were removed and the site was
vacant for several years, except for a parking lot and trash enclosure.
In 1998, the City undertook a historic district study of the area. There had been some discussion
among members of the community about leaving this property as open space and there was
strong opposition by the majority of the neighbors to any building on this site. However, this
was not the best site for the preservation of open space, because it was a small, comer parcel. A
building located on the site could be a designed so that it complements the area and is in close
proximity to the street. Also, the existing plaza located north of Village Hall must be preserved
and utilized as a community gathering area. Any new buildings could conform to the common
Old Village Hall
Planning Case 2007-01
January 2, 2007
Page 3 of 4
"old town" design standard with parking located behind the building (south side of property) in
the existing parking lot.
This district included the original St. Hubert's Church and the accompanying cemetery. The Old
St. Hubert's District embodies the history and pride of the downtown and the City. It is a
landmark with a historical reference point for the City's origin and represents center of
community. This site is 1.74 acres in size. The site includes the Old St. Hubert's Church and the
Catholic Cemetery. Old St. Hubert's was built in the 1880s. The steeple on the church has
become a landmark in the area. The site lines to the steeple should be maintained. The cemetery
has additional burial plots and as a use it will always remain as a cemetery. The historic district
standards were not adopted by the City.
In 2000, St. Hubert's purchased the Schlenk property for future expansion of the cemetery. This
property is 1.75 acres in size. The old bed of the railroad tracks was vacated and sold back to the
Schlenks. There are approximately 4 acres total.
The Re/Max building was constructed in 2001. This site was formerly the Klingelhutz/Wilbar
building which was used as.an office building. The property that the building sits on is .5 acres
in area with mature trees. The old building was built in 1888 by the Geiser family for a
carpentry shop. The property is zoned 01, Office Institutional and the 2000 land use plan guides
this property as commercial.
On January 27,2003, the Chanhassen City Council approved the preliminary and final plat for
Old Village Hall. As part of the subdivision, cross-access agreements for Outlot B and the
Re/Max site were recorded across Lot 1 and a parking agreement for Outlot B was recorded
against Lot 1.
On May 27, 2003, the City approved a land use map amendment from Residential-Medium Density
to Public/Semi-Public, rezoning from RSF, Single Family Residential and or, Office Institutional,
to A2, Agricultural Estate District, a conditional use permit for the use of the property as a
cemetery, and site plan review for St. Hubert's Cemetery. It is surrounded by open space and
mature trees with a charming flower garden that greets those who enter the heart of the city.
Access to the site is via West 78th Street. In addition, a pedestrian bridge should be constructed
over the existing railroad tracks to provide a connection from West 78th Street to the pedestrian
bridge over Highway 5.
On October 11, 2004, the City approved Site Plan 04-32 for an 8,068 square-foot building to
house The Goddard School on Lot 1, Block 1, Old Village Hall.
REZONING
The proposed rezoning of the property will make the entire Goddard School site, Lot 1, Block 1,
Old Village Hall, one zoning designation as well as making the zoning of Outlot B containing
Old City Hall the same zoning.
Old Village Hall
Planning Case 2007-01
January 2,2007
Page 4 of 4
RECOMMENDA TION
Staff and the Planning Commission recommends that the City Council PhMuliRg Cerm.mi88i€lR
adopt the following two motions and adoption of the attached findings of fact and
recommendation:
"The Chanhassen PltmRiRg C€lmmi88i€lft r€l@€lmmeR€l8 tRllt tRe City Council approves the land use
amendment from Public/Semi-Public to commercial for Outlot B and the easterly 66 feet of Lot 1,
Block 1, Old Village Hall subject to Metropolitan Council review."
"The Chanhassen PltmRillg C€l1l11!niS8i€l1l r€l€l€lmm@ll€ls tRat City Council approves the rezoning
from Office and Institutional District, 01, to Central Business District, CBD, for Outlot B and the
easterly 66 feet of Lot 1, Block 1, Old Village Hall."
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Reduced Copy of Old Village Hall Plat.
4. 01 District Regulations.
5. CBD District Regulations.
g:\plan\2007 planning cases\07-01 old village hall\staff report old village hall. doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of City of Chanhassen for a Comprehensive Plan Land Use Map Amendment and
Rezoning ofthe property located at 391 West 78th Street.
On January 2,2007, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of the City of Chanhassen for a land use map amendment
from Public/Semi-Public to Commercial and rezoning of the property from Office and
Institutional, 01, to Central Business District, CBD. The Planning Commission conducted a
public hearing on the proposed land use map amendment and rezoning 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 Office and Institutional, 01.
2. The property is guided in the Land Use Plan for Public/Semi-Public.
3. The legal description ofthe property is: Outlot B and the easterly 66 feet of Lot 1, Block
1, Old Village Hall.
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.
b) The proposed use is or will be compatible with the present and future land uses of
the area.
c) The proposed use conforms with all performance standards contained in the
Zoning Ordinance.
d) The proposed use will not tend to or actually depreciate the area in which it is
proposed.
1
e) The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
t) Traffic generation by the proposed use is within capabilities of streets serving the
property.
5. The planning report #07-01 dated January 2,2007, prepared by Robert Generous, et aI, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve a land use
map amendment from Public/Semi-Public to Commercial and rezoning property from Office and
Institutional, 01, to Central Business District, CBD.
ADOPTED by the Chanhassen Planning Commission this 2nd day of January, 2007.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
2
Planning Case No.
0/-0'
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317.... (952) 227-1100
CITY Of CHANHASSEN
RECEIVED
, ""~{"-
DEVELOPMENT REVIEW APPLICATION
, l'
DEe 0 1'2006
PLEASE PRINT
Applicant Name and Address:
City of Chanhassen
7700 Market Boulevard. P. O. Box 147
Chanhassen. MN 55317
Contact: Laurie Hokkanen
Phone: (952) 227-1118 Fax: (952) 227-1110
Email: Ihokkanen@cLchanhassen.mn.us
CHANHASSEN PlANNING 0EPf
Owner Name and Address:
City of Chanhassen
7700 Market Boulevard. P. O. Box 147
Chanhassen. MN 55317
Contact: Laurie Hokkanen
Phone: Ja'7 r (/ / ~ Fax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
x Comprehensive Plan Amendment Temporary Sales Permit
Conditional Use Permit (CUP)
Vacation of Right-of-Way/Easements (VAC)
Interim Use Permit (IUP)
Variance (VAR)
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
x
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
-L Notification Sign - $200
(City to install and remove)
Site Plan Review (SPR)*
Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRN ACN ARIW AP/Metes & Bounds
- $450 Minor SUB
TOT AL FEE $ NA
x
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8~" X 11"
reduced copy for each plan sheet along with a diQital copy in TIFF-Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
PROJECT NAME:
Old Villaqe Hall
LOCATION:
391 West 78th Street
LEGAL DESCRIPTION: Outlot B and the easterlv 66 feet of Lot 1, Block 1, Old Villaqe Hall.
TOTAL ACREAGE:
0.54 acre
WETLANDS PRESENT:
YES ~ NO
PRESENT ZONING: 01, Office and Institutional District
REQUESTED ZONING: CBD, Central Business District
PRESENT LAND USE DESIGNATION:
Public/Semi-Public
REQUESTED LAND USE DESIGNATION:
Commercial
REASON FOR REQUEST:
To make zoninq and land use consistent with the balance of the plat for Old Villaqe Hall.
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, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
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.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. 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 have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed 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. The documents and information I have submitted are true and correct to the best of
my knowledge.
lWNRJtA~ ovYlQ%)
Signature of Applicant
~/)0200lt
Date
~
Signature of Fee Owner
Date
G:\PLAN\Forms\Development Review Application.DOC
Rev. 12/05
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SCANNeD
ZONING
~ 20-792
Sec. 20-775. Interim uses.
The following are interim uses in the "BF" District:
(1) Churches.
(2) Outdoor storage.
(3) Reserved.
(Ord. No. 120, ~ 3, 2-12-90; Ord. No. 164, ~ 1,2-24-92; Ord. No. 243, ~ 12, 2-i.3~95; Ord. No. 377,
~ 106, 5-24-04)
Sees. 20~776-20~790. Reserved.
ARTICLE XXI. "01" OFFICE AND INSTITUTIONAL DISTlUCT
Sec. 20-791. Intent.
The intent of the "01" District is to provide for public or qua~i-public nonprofit uses and
professional business and administrative offices.
(Ord. No. 80, Art. V, ~ 15(5-15-1), 12-15-86)
Sec. 20-792. Permitted uses.
The following uses are permitted in an "01" District:
(1) Antennas as regulated by article XXX of this chapter.
(2) Community center.
(3) Churches.
(4) Fire station.
(5) Funeral homes.
(6) Health serviceslhospitals.
(7) Ljbrary.
(8) Museum.
(9) Nursing homes.
(10) Offices.
(11) Post office.
(12) Public parks/open space.
(13) Public recreational facilities.
(14) Schools.
CD20:139
~ 20-792
CHANHASSEN CITY CODE
'.J--.'.'......
{;..':- ~',.. .....-
!:.;..-" ,........
(15) Utility services.
(Ord. No. 80, Art. V, ~ 15(5-15-2), 12-15-86; Ord. No. 259, ~ 25, 11-12-96; Ord. No. 377, ~ 107,
5-24-04)
Sec. 20-793. Permitted accessory uses.
The following are permitted accessory uses in the "01" District:
(1) Parking lots.
(2) Signs.
(3) Temporary outdoor sales (subject to the requirements of section 20-312).
(Ord. No. 80, Art. V, ~ 15(5-15-3), 12-15-86; Ord. No. 243, ~ 13,2-13-95; Ord. No. 377, ~ 108,
5-24-04)
Sec. 20-794. Conditional uses.
The following are conditional uses in the "01" District:
(1) Adaptive reuse of vacant public or private school buildings for private business uses.
(2) Commercial towers as regulated by article XXX: of this chapter.
(Ord. No. 80, Art. V, ~ 15(5-15-4), 12-15-86; Ord. No. 259, ~ 26, 11-12-96)
State law reference-Conditional uses, M.S. ~ 462.3595.
)
Sec. 20-795. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "01" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum lot area is 15,000 square feet.
(2) The minimum lot frontage is 75 feet, except that lots fronting on a cul-de-sac shall have
a minimum lot frontage of 60 feet.
(3) The minimum lot depth is 150 feet.
(4) The maximum lot coverage is 65 percent.
(5) Off-street parking shall comply with district setback requirements except:
a.There is no minimum setback when it abuts a railroad right-of-way, except as
provided in sections 20-1191 and 20-1192 pertaining to landscaping require-
ments.
b. There is no minimum setback when it abuts, without being separated by a street,
another off-street parking area.
c. The minimum setback is 50 feet when it abuts a residential district without being
separated from the residential district by a street or railroad right-of-"way.
d. The minimum setback is 25 feet for side street side yards.
..,~~)
CD20:140
ZONING
. ~ 20-812
(6) The maximum height is as follows:
a. For the principal structure, two stories.
b. For accessory structures, one story.
(7) Minimum setback requirements:
a. For front yards, 35 feet.
b. For rear yards, 30 feet.
c. For side yards, 15 feet.
d. The minimum setback is 50 feet when it abuts a residential district without being
separated from the residential district by a street or railroad right-of-way.
(Ord. No. 80, Art. V, ~ 15(5-15-5), 12-15-86; Ord. No. 94, ~~ 1,6, 7-25-88)
Sec. 20-796. Interim uses~
The following are interim uses in the "01" District:
(1) Temporary classroom structures for use by public or private schools needed for
temporary use.
(Ord. No. 282, ~ 1, 6-22-98)
Sees. 20-797-20-810. Reserved.
ARTICLE XXII. "lOP" INDUSTRIAL OFFICE PARK DISTRICT
Sec. 20-811. Intent.
The intent of the "lOP" District is to provide an area identified for large scale light
industrial and commercial planned development.
(Ord. No. 80, Art. V, ~ 16(5-16-1), 12-15-86)
Sec. 20-812. Permitted uses.
The following uses are permitted in an "lOP" District:
(1) Antennas as regulated by article XXX of this chapter:
(2) Automotive repair shops.
(3) Conference/convention centers.
(4) Health services.
(5) Indoor health and recreation clubs.
(6) Light industrial.
(7) Offices.
(8) Off-premises parking lots.
CD20:141
~.20-715
CHANHASSEN . CITY CODE
~<").e
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plantings shall be designed to require the minimum of maintenance, however,
such maintenance as may be required to maintain consistency with the approved
plan, shall be the obligation of the property owner.
Buffer yards shall be covered by a permanently recorded conservation easement
running in favor of the city.
In instances where existing topography and/or vegetation provide buffering
satisfactory to the city, or where quality site planning is achieved, the city may
reduce buffer yard requirements by up to 50 percent. The applicant shall have the
full burden of demonstrating compliance with the standards herein.
(Ord. No. 80, Art. V, ~ 11(5-11-5), 12-15-86; Ord. No. 94, ~~ 1,3, 7-25.B8; Ord. No. 136, ~~ lA,
lB, 1-28-91)
Sec. 20-716. Interim Uses.
The following are interim uses in the "BH" District:
(1) Churches.
(2) Reserved.
(3) Farmers markets.
(Ord. No. 120, ~ 3, 2-12-90; Ord. No. 243, ~ 6, 2-13-95)
.."..).......
.'
Secs. 20-717-20-730. Reserved.
ARTICLE XVIII. "CRD" CENTRAL BUSINESS DISTRICT
Sec. 20-731. Intent.
The intent of the "CBD" District is to provide for downtown business development
supporting a strong central business district while enhancing the overall character of the
community in conformance with downtown redevelopment plan, goals and objectives.
(Ord. No. 80, Art. V, ~ 12(5-12-1), 12-15-86)
Sec. 20-732. Permitted uses.
The fOllowing uses are permitted in a "CBD" District:
(1) Antennas as regulated by article XXX of this chapter.
(2) Bars and taverns.
(3) Bowling center.
(4) Clubs and lodges.
(5) Community center.
(6) Convenience stores without gas pumps.
(7) Convention and conference facilities.
"')
................::.;.:if"
CD20:130
ZONING
* 20-733
(8) Cultural facilities.
(9) Day care center as part of shopping center.
(10) Department stores.
(11) Entertainment.
(12) Fast food restaurants as part of shopping center.
(13) Financial institutions.
(14) Hardware goods.
. (15) Health and recreation clubs.
(16) Health serVices.
(17) Home furnishings.
(18) . Hotels.
,
\" )
J ./
(19) Liquor stores.
(20) Multiple family dwellings, including senior citizen housing.
(21) Newspaper offices.
(22) Offices.
(23) Personal services.
(24) Print shops.
(25) Schools.
(26) Shopping center.
(27) Specialty retail.
(28) Standard restaurants.
(29) Supermarkets.
(30) Utility service.
(Ord. No. 80, Art. V, ~ 12(5-12-2), 12-15-86; Ord. No. 214, ~ 1, 7-11-94; Ord. No. 377, ~ 100,
5-24-04) -
Sec. 20-733. Permitted accessory.uses.
The following are permitted accessory uses in a "CBD" District:
(1) Parking lots and ramps.
(2) Signs.
(3) Temporary outdoor sales (subject to the requirements of section 20-312).
(Ord. No. 80, Art. V, ~ 12(5-12-3), 12-15-86; Ord; No. 243, ~ 7, 2-13-95; Ord. No. 377, ~ 101,
5-24-04)
CD20:131
~ 20-734
CHANHASSEN CITY CODE
Sec. 20-734. Conditional uses.
The following are conditional uses in a "CBD" District:
(1) Reserved.
(2) Freestanding fast food restaurants.
(3) Reserved.
(4) Convenience store with gas pumps.
(Ord. No. 80, Art. V, ~ 12(5-12-4), 12-15-86; Ord. No. 120, ~ 4(9), 2-12-90)
State law reference-Conditional uses, M.S. ~ 462.3595.
Sec. 20-735. Lot requirements and setbacks.
, .
The following minimum requirements shall be observed in a "CBD" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum lot area is 10,000 square feet.
(2) The minimum lot frontage is 100 feet, except lots fronting on a cul-de-sac shall have a
minimum frontage of 60 feet in all districts.
(3) The minimum lot depth is 100 feet.
(4) There is no maximum lot coverage.
(5) There are no minimum setback requirements for front, rear or side yard.
(6) There are no maximum height requirements for principal or accessory structures.
(Ord. No. 80, Art. V, ~ 12(5-12-5), 12-15-86)
)
Sec. 20-736. Interim uses.
The following are interim uses in the "CBD" District;
(1) Churches.
(2) Reserved.
(3) Farmers markets.
(Ord. No. 120, ~ 3, 2-12-90; Ord. No. 243, ~ 8, 2-13-95)
Sees. 20-737-20-750. Reserved.
ARTICLE XIX. "BG" GENERAL BUSINESS DISTRICT
Sec. 20~751. Intent.
The intent of the "BG" District is to provide for downtown fringe commercial development
identified as the least restricted business district.
(Ord. No. 80, Art. V, ~ 13(5-13-1), 12-15-86)
CD20:132
CITY OF CHANHASSEN
AFFIDA VIT 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
December 21, 2006, 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 OLD VILLAGE HALL - Planning Case 07-01 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~aay of ])a-eVY\b:>.- ,2006.
r
l
KIM T. MEUWISSEN )
Notary Public-Minnesota
My Commission Expires Jan 31, 2010
SCANNED
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Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one, This
map is a compilation of records, information and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference purposes oniy.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features, If errors or discrepancies are found please contact 952-227-1107,
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466,03, Subd, 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the user's access or use of
data provided.
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one, This
map is a compilation of records, information and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference purposes only,
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features, If errors or discrepancies are found please contact 952-227-1t07,
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466,03, Subd, 21 (2000), and
the user of this map acknOWledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the user's access or use of
data provided.
Public Hearing Notification Area (500 feet)
Old Village Hall
Planning Case No. 07-01
City of Chanhassen
W 76th St
'0
CHANHASSEN REALTY CO
C/O THIES & THALLE MGMT - PAM
470 78TH ST W
STE 260
CHANHASSEN , MN 55317 -4547
COLONIAL SQUARE LLC
C/O THIES & TALLE-ATTN K TALLE
470 78TH ST W
SUITE 260
CHANHASSEN, MN 55317 -9745
ACTION WEST INC
DBA RE/MAX ACTION WEST
7811 GREAT PLAINS BLVD
CHANHASSEN , MN 55317 -9465
CENTERPOINT ENERGY MINNEGASCO
ATTN: PROPERTY ACCOUNTING
800 LASALLE AVE-FLOOR 11
PO BOX 59038
MINNEAPOLIS, MN 55459 -0038
BAM PROPERTY HOLDINGS LLC
440 79TH ST W
CHANHASSEN , MN 55317 -9530
SORENSEN PROPERTIES LLC
12625 58TH ST
MAYER, MN 55360 -9615
G L B PROPERTIES LLC
1831 KOEHNEN CIR
EXCELSIOR, MN 55331 -9051
BLOOMBERG COMPANIES INC
PO BOX 730
CHANHASSEN, MN 55317 -0730
RIESE FAMILY PROPERTIES LLC
9154 SUNNYVALE DR
CHANHASSEN , MN 55317 -8532
JAMES M & PATRICIA D MARTIN
9227 ARCHER LN N
MAPLE GROVE, MN 55311 -1817
HERITAGE PARK APARTMENTS
C/O THIES & TALLE MGMT INC
470 78TH ST W
STE 260
CHANHASSEN , MN 55317 -4547
ALAN 0 FRIDGEN &
LAURA ANN R FRIDGEN
7720 GREAT PLAINS BLVD
CHANHASSEN, MN 55317 -9708
CHANHASSEN MEDICAL ARTS LP
C/O THIES & T ALLE ENTERPRISES
470 78TH ST W
STE 260
CHANHASSEN, MN 55317 -4527
VALVOLlNE INSTANT OIL CHANGE
C/O ASHLAND INC
PO BOX 14000
LEXINGTON, KY 40512 -4000
BROWN PROPERTIES LLC
C/O GARY L BROWN
1831 KOEHNEN CIR W
EXCELSIOR, MN 55331 -9051
CHURCH OF ST HUBERT
8201 MAIN ST
CHANHASSEN, MN 55317 -9647
CHAPEL HILL ACADEMY
306 78TH ST W
CHANHASSEN , MN 55317 -9734
PAUL G EIDEM &
ANDREA F GRIFFITH
7727 FRONTIER TRL
CHANHASSEN , MN 55317 -9712
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 CERTAIN 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 Outlot B and the easterly 66 feet of Lot 1, Block 1, Old Village Hall
from Office and Institutional District, 01, to Central Business District, CBD.
Section 2. The rezoning of this property is subject to all conditions of City Council
approval.
Section 3. The zoning map of the City of Chanhassen shall not be republished to show the
aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office
for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the
notations, references, and other information shown thereon are hereby incorporated by reference
and made a part of this ordinance.
Section 4. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 8th day of January, 2007.
ATTEST:
Todd Gerhard, City Manager
Thomas A. Furlong, Mayor
Published in the Chanhassen Villager on
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
RESOLUTION NO:
MOTION BY:
SECONDED BY:
A RESOLUTION APPROVING A COMPREHENSIVE PLAN LAND USE AMENDMENT
FROM PUBLIC/SEMI-PUBLIC TO COMMERCIAL; OLD VILLAGE HALL
WHEREAS, the City of Chanhassen.has requested a Comprehensive Plan Land Use
Amendment from Public/Semi-Public to Commercial for Outlot B and the easterly 66 feet of Lot
1, Block 1, Old Village Hall, and
WHEREAS, the Chanhassen Planning Commission held a Public Hearing on January 2,
2007, and voted to recommend approval of the land use amendment, and
WHEREAS, the City of Chanhassen has submitted the proposed amendment to all
adjacent governmental jurisdictions for their review and comment.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the
Comprehensive Plan Land Use Amendment from Public/Semi-Public to Commercial for Outlot
B and the easterly 66 feet of Lot 1, Block 1, Old Village Hall, contingent on Metropolitan
Council review.
Passed and adopted by the Chanhassen City Council this 8th day of January, 2007.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
YES
NO
ABSENT
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
JANUARY 2, 2007
Chairman McDonald called the meeting to order at 7 :00 p.m..
MEMBERS PRESENT: Jerry McDonald, Kurt Papke, Kathleen Thomas, Debbie Larson, Dan
Keefe, Kevin Dillon and Mark Undestad
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; Sharmeen Al-Jaff, Senior Planner; and Alyson Fauske, Assistant City Engineer
PUBLIC PRESENT FOR ALL ITEMS:
Janet Paulsen
7305 Laredo Drive
OLD VILLAGE HALL: REQUEST FOR COMPREHENSIVE LAND USE MAP
AMENDMENT FROM PUBLIC/SEMI-PUBLIC TO COMMERCIAL; AND REZONING
FROM 01. OFFICE AND INSTITUTIONAL DISTRICT TO CBD. CENTRAL
BUSINESS DISTRICT ON PROPERTY LOCATED AT 391 WEST 78TH STREET.
LEGALLY DESCRIBED AS OUTLET B AND THE EASTERLY 66 FEET OF LOT 1.
BLOCK 1. OLD VILLAGE HALL. THE PURPOSE OF THIS REQUEST IS TO MAKE
THE ZONING AND LAND USE CONSISTENT WITH THE BALANCE OF THE PLAT
FOR OLD VILLAGE HALL. APPLICANT. CITY OF CHANHASSEN. PLANNING
CASE 07-01.
Bob Generous presented the staff report on this item.
McDonald: Mark, why don't we start down with you.
Undestad: No questions.
Dillon: Is there anything that's different? Nothing new is going to go into the spot if it's
rezoned?
Generous: Well there is a personal service use that will go into the property but there'll be no
changes. The use of the site is limited by the parking agreement that we recorded with the plat.
There are 4 parking stalls that are reserved for this use. This site, and that would permit, it could
be a retail use. It could be office use but anything within the CBD, however it's very limited to
building size. It's 500 square feet approximately. We don't see any change. The City's still
going to maintain ownership of it and so we'll control who we lease this to. However it would
permit the lease agreement to go forward that the City is negotiating right now.
Dillon: So what will this change in zoning do once, if it changes hands and the City doesn't own
it anymore and some private party owns it? I take it, it will be tax value that the City could earn
would go up a lot?
Planning Commission Meeting - January 2, 2007
Generous: Well yes, it would go onto the tax rolls but again the site is, it doesn't comply with
the minimum standards so that's why it's an outlot. They can't change anything unless they come
back and get a variance to the standards for a CBD lot. It doesn't meet the frontage requirements
and it doesn't meet the area requirements. So it is very restrictive as to what the use, what
someone could do on the property. Plus they have the limitation on the amount of parking.
Dillon: And there's no other improvements or changes to infrastructure that are being
contemplated?
Generous: Nothing. Internally there'll be some modifications to the building but that's it.
Dillon: That's all the questions I had.
McDonald: Okay.
Keefe: Does the City have a plan to convey the property though?
Generous: No.
Keefe: No. Okay.
McDonald: Debbie.
Larson: Don't have any.
Thomas: No.
McDonald: No? I have no questions or comments either. Is the, well I guess the City is the
applicant, or is there someone else?
Aanenson: No, we're the applicant.
McDonald: Okay. Then in that case, what I would do is open it to the public. Anyone wishing
to make comment on this, if you would please step to the podium and state your name and
address. Okay, seeing no one come forward I will close the public meeting and bring it back up
for the commission for comments. Kurt, we'll start with you.
Papke: I have no concerns with this. It would seem to increase the City's flexibility with what
they want to do with the property and that's kind of the bottom line. We know we still have
control over what we do with it so I think it just increases the options the City has to work with.
Thomas: I don't have any questions.
McDonald: Okay. Debbie.
2
Planning Commission Meeting - January 2, 2007
Larson: Ditto.
Keefe: No problem.
Dillon: I'm fine with it.
McDonald: Okay, I'm fine with it too. I guess Kurt said it quite eloquently for all of us. Does
anyone wish to make a motion?
Larson: I'll make a motion. Is it this one? Okay, the Planning Commission, the Chanhassen
Planning Commission recommends that the City Council approve the land use amendment from
Public/Semi-Public to commercial Outlot B for the easterly 66 feet of Lot 1, Block 1, Old
Village Hall subject to Metropolitan Council review. And the ChanhassenPlanning Commission
recommends that City Council approve rezoning from Office and Industrial District, 01, to
Central Business District, CBD for Outlot B and the easterly 66 feet of Lot 1, Block 1, Old
Village Hall.
McDonald: Thank you. Do I have a second?
Thomas: Second.
Larson moved, Thomas seconded that the Chanhassen Planning Commission recommends
that the City Council approve the land use amendment from Public/Semi-Public to
commercial for Outlot B and the easterly 66 feet of Lot 1, Block 1, Old Village Hall, subject
to Metropolitan Council review. All voted in favor and the motion carried unanimously
with a vote of 7 to O.
Larson moved, Thomas seconded that the Chanhassen Planning Commission recommends
that the City Council approve the rezoning from Office and Institutional District, 01, to
Central Business District, CBD for Outlot B and the easterly 66 feet of Lot 1, Block 1, Old
Village Hall. All voted in favor and the motion carried unanimously with a vote of 7 to O.
3