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CAS-03_GOODWILL - 80 WEST 78TH STREETNon -Scannable Item Item I � Description "I Folder Number � �I Folder Name D 3 - _ O 0 - Job Number 2�g _.____..._. Box Number C)O I L CD -R • 52x • 80 min/700MB WeSir 1$-t' %wrl• 1P,*6 9 'r"C4PJ i oOMe -- ell r tf' % • CD.R U��Upp- 700MB Y.a 52x., 4^m,n "� i ao I ON, -05 Status Report Tuesday, October 01, 2013 Plan.OR6 Jul 2000 Au ust200 tem 0 M T W T F M T W T F M T W T F 1 1 2 3 4 5 1 2 .2.. 3.. a._5 ..8...7...8 s..f.. 8...9 ..10 11 12 3._.4.. 5...6 .. 7...8...9 9 10 11 12 13 14 15 13 14 1516 17 18 19 10 1112 1314 i5 18 1817 1819 20 2122 20 21 2223242526 1118/92821 2223 23 24 2526 2T 2829 1228 29 $8 91 2.42526 2] 28 2930 r) Securities Start Due S P Category Description I 10/1/2013 10/12013 0 Escmws ® Cash Escrow 80 West 78th Street (Goodwill) Site Plan Agreement 2012-03 80 West 78th Street, LLC paid $5,000 (no check number) (boulevard restoration, erosion control and landscaping) Notify Bob Generous 10/9/12 - Notified Bob. Kim 10/9/12 - Per Bob OK to release $2,800 to leave a remaining balance of $2,200. Notified Finance Dept. to issue check. Check status 9/1/13. Kim 9/1/13 -Notified Bob. Kim 9/3/13 - Per Jill grass is brown and getting bmwner. Hold escrow until we have confirmation that the landscaping is being maintained. Check status 1011113. Kim 10/1/13 - Notified Jill 10/2/13 - Per Jill, OK to release remaining escrow of 52,200. Finance notified to issue $2,200 check Activity closed. Kim ........................................................................................................................................................................................................................... ........................................................................................................................................................................................................................... Gb D.nkpryll0W.... .................. .................. .......... ....... .......... .....1dNN1�!1:a2 P1.1 5-Sletua PPriPMy ............................................................................................................. ................................ - - 03NNV0$ "e°' CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 04/23/2012 10:22 AM Receipt No. 00185786 CLERK: bethanya PAYEE: 80 West 78th Street, LLC c/o Center Companies 2025 Coulter Blvd #215 Chanhassen MN 55317- 80 West 78th Street (Goodwill) Site Plan Agreement 2012-03 Boulevard restoration, erosion control, landscaping ------------------------------------------------------- Security Escrow 5,000.00 Total Cash Check Change �IlsIIa- 5,000.00 0.00 5,000.00 0.00 7ta,$0U .CjO Status Report Sunday, September 01, 2013 PIan.OR6 a.-- 2000 t [ember 2" VV T F S S M T W T F 8 S M T W T F S 1 1 2 3 6 5 t 2 .5..6...2_.8fi'8.91011 {2 34.. 5. _is 7 E_9 12 16 1116 13 14 15 16 1] 16 15 10 11 12 13 14 15 16 19 20 21 Zit 2132 23 24 25 11 18 19 20 21 22 23 26 27 28.............28 29 30 31........, 24 <0 26 2] 28 25 30 ..... -._.. Securities Start_ Due S P Category Description. i X61 0013 U:V301: F Escrows C+7` Cash Escrow 80 West 78th Street (Goodwill) Site Plan Agreement 2012-03 80 West 78th Street, LLC paid $5,000 (no check number) (boulevard restoration, erosion control and landscaping) Notify Bob Generous l0/9/12 -Notified Bob. Kim 10/9/12 - Per Bob OK to release $2,800 to leave a remaining balance of 52.200. Notified Finance Dept. to issue check. Check status 9/1/13. Kim ........................................................................................................................................................................................................................... ................ ................ e rwu oneiopoe�a cao. ....................................................................................................... ....................................................................................................... ....................................................................................................... ....................................................................................................... 11lYNIZM I']9 PG 5=5b0¢i-P�viy P�1 Status Report Monday, October 01, 2012 PIan.OR6 Jul 2000 August 2000 S temper 2000 S IA T W T F S S M T `i, T F S S M T W T F S 2.3 45 1 2 2 3 4 5 --- 8 6] 8 9 IO it 3 .q 5 6 7 8 '9 9 �- 11 12 id -151131415.1617 `18 1 1611 12 13 14 15 1G 18.19.20 21 22 29 2112 23 24'25 2 IW- 161920 2i 22 23 23 24 2526 2]292) 27 26 29 30 31-- 252621*282930 3c Si... _. _.... _........ ......._.................... .:.�................ _......... Securities [Start .Due S P Category .Description 10/1/2012 11/1/2012 F Escrows W Cash Escrow 80 West 78th Street (Goodwill) Site Plan Agreement 2012-03 80 West 781 Street, LLC paid $5.000 (no check number) (boulevard restoration, erosion control and landscaping) Notify Bob Generous Meuwissen, Kim From: Generous, Bob Sent: Tuesday, October 09, 2012 2:29 PM To: Meuwissen, Kim Subject: RE: Goodwill Cash Escrow You can return $2,800. We will keep $2,200 for one year. From: Meuwissen, Kim Sent: Tuesday, October 09, 2012 2:28 PM To: Generous, Bob Subject: RE: Goodwill Cash Escrow So it's ok to reduce it to $2,800? 0KIM MEUWISSEN CITY OF CHANHASSEN PLANNING SECRETARY 952-227-1107 l(MEU:"!I SSEVC)CLCHA:NHAS5EN. •'cl N_ US 19 Find us on Facebook From: Generous, Bob Sent: Tuesday, October 09, 2012 2:14 PM To: Meuwissen, Kim Subject: RE: Goodwill Cash Escrow It can be reduced to $2,200, but then has to be held for one full growing season. Check status September 2013. From: Meuwissen, Kim Sent: Tuesday, October 09, 2012 1:17 PM To: Generous, Bob Subject: Goodwill Cash Escrow Status? Cash Escrow 80 West 78th Street (Goodwill) Site Plan Agreement 2012-03 80 West 78th Street, LLC paid $5,000 (no check number) (boulevard restoration, erosion control and landscaping) Notify Bob Generous 10/9/12 - Notified Bob. Kim ® KIM MEUWISSEN CITY OF CHANHASSEN CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 04/23/2012 10:22 AM Receipt No. 00185786 CLERK: bethanya PAYEE: 80 West 78th Street, LLC c/o Center Companies 2025 Coulter Blvd #215 Chanhassen MN 55317- 80 West 78th Street (Goodwill) Site Plan Agreement 2012-03 Boulevard restoration, erosion control, landscaping ------------------------------------------------------- Security Escrow 5,000.00 Total 5,000.00 Cash 0.00 Check 5,000.00 Change 0.00 Doaummt NO. OFFICE OF THE REGISTRAR OF TITLES T 184640 CARVER COUNTY, MINNESOTA Receipt # RT 201200002306 Cert. # 35664 Fee: $46.00 Certified Recorded on 7/31/2012 at 10:00 JoAM ❑ PM 184640 11111111111 Mark Registrar o Telles CITY OF CHANHASSEN SrM PLAN PERMIT # 2012-03 80 WEST 78h STREET SPECIAL PROVISIONS AGREEMENT dated February 27, 2012, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and 80 West 78's Street, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 20,600 square -foot, one-story, commercial retail building (referred to in this Permit as the "project"). The land is legally described as Registered Land Survey 59, Tracts A and B. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: Site Plan prepared by MFRA, Inc., dated 1/04/2012. Plan B: Grading, Drainage and Erosion Control Plan prepared by MFRA, Inc., dated 1/04/2012. Plan C: Landscaping Plan prepared by MFRA, Inc., dated 1/05/2012. Plan D: Utility Plans prepared by MYRA, Inc., dated 1/04/2012. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 1, 2012. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Ben Merriman 80 West 78th Street, LLC 2025 Coulter Boulevard, Suite 215 Chanhassen, MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a site plan for a 20,600 square -foot, one-story, commercial retail building subject to the following conditions: a. Building Official 1) A demolition permit is required for the removal of any existing structures. 2) Complete construction plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3) The building is required to have an automatic fire extinguishing system. 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. b. Forester 1) The line of shrubs along the parking lot on the south property line shall be extended to provide a buffer for the length of the parking area. The plantings can be incorporated into the rain garden. 2) The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. 3) The applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest comer of the building. 2 c. Water Resources 1) No final approval of the proposal may be given without the review and approval of the drainage plans and calculations. 2) The curb cuts must be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. 3) Additional topographic information is required in the area between the two existing ponds in order to determine the emergency overflow (EOF) elevation of the pond to the west. 4) The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest comer of the drop-off drive in order to properly divert the EOF water. 5) Correct the elevations on the filtration basin cross section on page C4.01. 6) The filtration basin will be privately owned and maintained. A maintenance agreement will be required by the City. d. Engineering 1) Erosion control phasing Gantt chart will need to be completed prior to earth - disturbing activities. 2) The swale along the western property boundary will need to be stabilized per Part W. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet with 24 hours of connection to a surface water.) 3) Grading should be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed e. Planning 1) The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. 2) The applicant shall provide future circulation information to the easterly properties prior to council approval. When the parcel to the east redevelops, then the vehicular accesses shall be constructed. 3) The articulation of the building shall be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. 4) The elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. 5) The fenestration and architectural detailing on the west elevation shall be increased. 6) The architectural detailing and columns shall be continued along the north elevation. 7) Should an exterior trash enclosure be necessary in the future, it shall be screened and constructed with similar materials to the building. 8) All signage shall comply with City Code and requires a separate sign permit application. 9) The applicant shall provide a bike rack. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thislimday o 2012, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the of assen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 80 West 78a' Street, LLC STATE OF MINNESOTA ) ( ss. COUNTY OF CA r H r ) The foregoing instrument was acknowledged before me this day of 2012 by Ben Merriman, Chief Manager of 80 West 786' Street, LLC, a Minnesota Limited Liability Company, on its behalf. NOTARY PUB C DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhamem, MN 55317 (952)227-1100 KIM T. MEUWISSEN Notary Pubtic-Minnesota MY common Fxpaes Jan 31.2015 CITY OF CHANHASSEN SITE PLAN PERMIT EXIM1717 "A" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City s rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod requited in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attomeys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Constnmction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occuoancv. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City s failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recordine. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every M right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working howl will require City Council approval. K. Soil Treatment Systems. if soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are fust provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws. Ordinances. and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. VA MORTGAGE HOLDER CONSENT .Ornmvr`k TO SITE PLAN AGREEMENT �o r �o ra-k,�o •-� which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain m full force and effect even if it forecloses on its mortgage. Dated this - day of STATE OF MINNESOTA ) COUNTY OF& pW ) ( ss. The foregoing instrument was acknowledged before me this r day of �J� 20�by n 1 m&9=t4 Ass stant Vice P cid n of C14.munity Bank Corporation, on i s'behalf-,,7 //1 1 NOTARY PUBLIC v NICOLE L. RISTOW-WRIDGE DRAFTED BY: rM�+acam�nn e City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 0 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron CAMPBELL KNUTSON Professional Association August 30, 2012 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen — Miscellaneous Recording Dear Kim: 1;L-03 RECEIVED SEP 3 2012 CITY OF CHANHASSEN Enclosed herewith for your files are the following original, recorded documents: 1. Site Plan Permit #2012-03 between the City and 80 West 78th Street, LLC, recorded on July 31, 2012, as Document No. T184640; 2. Variance 2012-03, recorded July 31, 2012, as Document No. I T184641;and 3. Variance 2012-09, recorded July 31, 2012, as Document No. T184642. If you have any questions regarding the above, please give me a call. 1380 Corporate Center Curve c)h Suite 317 • Eagan, MN 55121 Enclosure 651-452-5000 Fax 651-452-5550 www.ck-law.com Very truly yours, CAMPBELL KNUTSON Professional Association By(� Carole J. Hoe Legal Assistant Document No. OFFICE OF THE T 184641 REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Receipt # RT 201200002307 Cert. # 35664 Fee: $46.00 Certified Recorded on 7/31/2012 at 10:00 PAM ❑ PM 184641 iIIIIIII II I IIIII IIIMark istrar Lundgren Titles CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2012-03 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: A 10 -foot parking lot setback variance to permit parking at the right-of-way easement as shown on the plans prepared by MFRA dated July 6, 2012. 2. Property. The variance is for property located at 80 West 78th Street in the City of Chanhassen, Carver County, Minnesota, and legally described as RLS 59, Tracts A and B. 3. Condition. The variance approval is subject to the following conditions: a. The monument sign must comply with City Code and the required setback and may not encroach into any easements. b. The applicant shall update the plans to show the proposed parking stalls and make changes to plans according to staff redlines. c. The applicant shall obtain an encroachment agreement with the City to construct the parking lot within the City watermain easement. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: July 17, 2012 SCANNED wotm"ejan,l:rntazi M (SEAL) AND: STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Thomas A. Furlong, Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this.43,d day ofA al , 2012 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTAR PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard of KIM T. MEUWISSEN P.O. Box 147 Notary Public -Minnesota Chanhassen, MN 55317 Commies on Expires Jan 31, 2015 (952)227-1100 2 Document No. OFFICE OF THE REGISTRAR OF TITLES T 184640 CARVER COUNTY, MINNESOTA Receipt # RT 201200002306 Cert.# 35664 Fee: $46.00 Certified Recorded on 7/31/2012 at 10:00 PIAM ❑PM 184640 I)IIIIIIIIIIIIIIIII Mari Luno Telles CITY OF CHANHASSEN SITE PLAN PERMIT # 2012-03 80 WEST 78'h STREET SPECIAL PROVISIONS AGREEMENT dated February 27, 2012, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and 80 West 78th Street, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 20,600 square -foot, one-story, commercial retail building (referred to in this Permit as the "project"). The land is legally described as Registered Land Survey 59, Tracts A and B. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: Site Plan prepared by MFRA, Inc., dated 1/04/2012. Plan B: Grading, Drainage and Erosion Control Plan prepared by MFRA, Inc., dated 1/04/2012. Plan C: Landscaping Plan prepared by MFRA, Inc., dated 1/05/2012. Plan D: Utility Plans prepared by MERA, Inc., dated 1/04/2012. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 1, 2012. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall famish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. �.-� SCANNED PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Ben Merriman 80 West 78`s Street, LLC 2025 Coulter Boulevard, Suite 215 Chanhassen, MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a site plan for a 20,600 square -foot, one-story, commercial retail building subject to the following conditions: a. Building Official 1) A demolition permit is required for the removal of any existing structures. 2) Complete construction plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3) The building is required to have an automatic fire extinguishing system. 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. b. Forester 1) The line of shrubs along the parking lot on the south property line shall be extended to provide a buffer for the length of the parking area. The plantings can be incorporated into the rain garden. 2) The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. 3) The applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest corner of the building. 2 t Water Resources 1) No final approval of the proposal may be given without the review and approval of the drainage plans and calculations. 2) The curb cuts must be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. 3) Additional topographic information is required in the area between the two existing ponds in order to detemtine the emergency overflow (EOF) elevation of the pond to the west. 4) The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest comer of the drop-off drive in order to properly divert the EOF water. 5) Correct the elevations on the filtration basin cross section on page C4.01. 6) The filtration basin will be privately owned and maintained A maintenance agreement will be required by the City. d. Engineering 1) Erosion control phasing Gantt chart will need to be completed prior to earth - disturbing activities. 2) The Swale along the western property boundary will need to be stabilized per Part IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet with 24 hours of connection to a surface water.) 3) Grading should be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed. e. Planning 1) The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. 2) The applicant shall provide future circulation information to the easterly properties prior to council approval. When the parcel to the east redevelops, then the vehicular accesses shall be constructed. 3) The articulation of the building shall be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. 4) The elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. 5) The fenestration and architectural detailing on the west elevation shall be increased. 6) The architectural detailing and columns shall be continued along the north elevation. 7) Should an exterior trash enclosure be necessary in the future, it shall be screened and constructed with similar materials to the building. 8) All signage shall comply with City Code and requires a separate sign permit application. 3 9) The applicant shall provide a bike rack. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITY Oma_ ]P _g-IwAYN-HASE BY: Thomas A. Furlong, N Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisIfs day 0 2012, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the of anhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 1'1.�--- KARENJ.ENGELHARDT Notary Public -Minnesota c,m Jen 31, 2015 80 West 78th Street, LLC 11 � STATE OF MINNESOTA ) ( ss. COUNTY OF CArW v ) The foregoing instrument was acknowledged before me this t" day of1 2012 by Ben Merriman, Chief Manager of 80 West 78`s Street, LLC, a Minnesota Limit Liability Company, on its behalf. NOTARY PUB C DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 El KIM T. MEUWISSEN Notary Public -Minnesota My Cwmisslon Expires Jan 31, 2015 CrFY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "A" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developers expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City s rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees hamiless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rete of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of ContracK Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendin . The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recordine. This Permit shall run with the land and may be recorded against the title to the propertY- L Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every 0 right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws. Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 7 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT Ern n" '.-k r-"%. -4\ which holds a mortgage on the subject property, the evelopment of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this 7 day of 20 /7. STATE OF MR4NESOTA ) � COUNTY OF&� '�� (ss.L—) The foregoingent was acknowledged before me this _n day of/ 20 by n I (-6f& -/ Assistant Vice President- of C mmunit_y Bank Corporation, on i s behalf. A, N70TAkY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 3 •'bQ NICOLE L RISTOW-AMIDGE $ Notary Public-Minnssota y,�� MY comirvmion moires Jen 31.2016 Document NO. OFFICE OF THE REGISTRAR OF TITLES T 185093 CARVER COUNTY, MINNESOTA Receipt # Ced.# 35664 Fee: $46.00 Certified Recorded on 9/5/2012 at 09:00 �'0 AM ❑ PM 185093 p—ren— IIIIIIIIIVIIIII Registrar MarkLundgren Telles GRANT OF PERMANENT EASEMENT 80 WEST 78TH STREET, LLC, a Minnesota limited liability company, "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility proposes over, on, across, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit „E„ INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility system over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain, and excavate the permanent easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility easement. The above named Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement Premises; that it has the sole right to grant and convey the easement to the City; that there aro no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this a9— day of�_., 2012. GRANTOR: 80 WEST 78"r STREET, LLC By. E Mersiman Its Chief Manager STATE OF MINNESOTA )FALGUNI S BRAHM8HATT ) as _ aoum rusk wxaaorA COUNTYOF.('QAXVI,) y� The foregoing instrument was acknowledged before me this Q9 day of 2012, by Den Merriman, the Chief Manager of 80 West 70 Street, LLC, a Minnes limited liability company, on its behalf Grantor. NOTAR L THIS INSTRUMENT WAS DRAFTED BY: CAMPBBILENuTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Come Began, MN 55121 Telephone: 651-452-5000 AMP/cjh Is5ss5.i tsssssa EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A drainage and utility easement over, under and across all that part of TRACT A, REGISTERED LAND SURVEY NO. 59, files of the Registrar of Titles, Carver County, Minnesota, which lies southerly of hereinafter described "Line A" and northwesterly of the following described line: Beginning at a point on the west tine of said TRACT A, distant 40.00 feet south of the northwest comer thereof; thence northeasterly to a point distant 59.00 feet easterly of the terminus of"Line A" described below. 'tine A" is a line drawn westerly from a point on the easterly line of TRACT B, said REGISTERED LAND SURVEY NO. 59, distant 108.03 feet southerly from the northeast comer of said TRACT B, as measured along said easterly line, to a point on the northwesterly line of said TRACT A, distant 344.21 feet southwesterly from the northeast corner of said TRACT A, as measured along said northwesterly line, and there terminating. Excepting therefrom, the northwesterly 20 feet. 165255,1 0 �o D C G1 D rn C: r 000 mzr� N m �a = n EXHIBIT "B" NW CCR. OF TRACT A--.� E. LME OF TRACT B \ ' � h 1'1 n C erg •'.:\ 13 , \,\ ; E. LME OF TRACT B \ ' � h I E. LME OF TRACT B \ MORTGAGE HOLDER CONSENT TO EASEMENT COMMUNITY BANK CORPORATION, a Minnesota banking corporation, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 17, 2012 and recorded April 18, 2012, as Document No. T 183264 with the office of the Registrar of Titles for Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does herebyjoin in, consents, and is subject to the shove referenced Grant of Permanent Easement COMMUNITY BANK CORPORATION .1 By. � i ' 21 Its: - STATE OF MINNESOTA ) FALOUNI S Bt1AHWHATI COUNTY OF ) �. xouarvueuo-laxxcsou rgra:wne:e:msl.son The foregoing instrmnent was acknowledged before me this a Qi day of 2012, bythe AA IP of Community Bank Corporition, a Minnesota banking corporation, on behalf of the corporation. DRAFTED BY: CANeDELL KNUTSON 317 Eagandale Office Center !� 1380 Corporate Center Clove Eagan, Mimresota 55121 Telephone: 651-452.5000 AMP/cjh 165255v1 Notary Publi Document NO. OFFICE OF THE REGISTRAR OF TITLES T 185092 CARVER COUNTY, MINNESOTA Receipt # Cell. # 35664 Fee: $46.00 Certified Recorded on 9/5/2012 at 09:00 f97I AM QPM 1850 092 IIIIIIIN II IIIark LunRegtrar o Telles loewvdfar, ,ding Irfw,wlianJ ENCROACHMENT AGREETMENT AGREEMENT made th s Na day of J 2012, by and between the IT - CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and 80 NEST 78TH STREET, LLC, a Minnesota limited liability company, ("Owner'). 1. BACKGROUND. Owner is the fee owner of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows: Parcel ID No. 25.6860020 Tracts A and B, Registered land Survey No. 59, files of Registrar of Titles, Carver Cory, Mhmesela. (Torrens Property) having a street address of 80 West 781h Street, Chanhassen, Minnesota ("Subject Pmperty�. The City owns easements for walermain, storm water ponding, utility and roadway purposes over portions of the Subject Properly ("City Easement Areas"). Owner wants to construct a parking lot which will encroach into the City Easement Areas as depicted on the attached survey sketch. 2. ENCROACHIVIENT AUTHORIZATION. The City hereby approves the encroachment in the City Easement Areas on the Subject Property for the construction of a parking lot, The Owner shat] be responsible for all cost relating to construction, maintenance, repair, and trnrrnmt removal of the parking area and all sweeping, snow removal, mowing acrd removal of noxious weeds and debris with respect to the parking lot to be built on the Subject Properly and shall obtain all permits required by the City for the construction of the parking lot. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City Easement Areas, Owner, for itself, its successors and assigns, hereby agrees to indemnify and hold the City harmless from any damage caused to the Subject Property, including the parking lot in the City Easement Areas, caused in whole or in part by the encroachment into the City Easement Areas. 4. TERMINATION OF AGREEMENT, The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the subject property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and the Agreement may then be terminated immediately. The property owner shall remove the parking lot to the effective date of the termination of dus Agreement. If the owner fails to do so lire City may remove the parking lot acrd charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall ran with the land and shall be recorded against the title to the Subject Property. 165961 v1 2 CITY OF CHANHASSEN BY: T (SEAL) Thom .(Fuurlong, Mayor AND f� -TmTGcrhard1, City Manager STATE OF M]NNMOTA ) )ss. COUNTY OF CARVBR ) The foregoing instrument was ad¢owledged before me this 22, to day of 2012, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and GUy Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. KAREN J.ENG ELHARDT Notary Publk-Mlnrresote err con.m+o^a...,w, a5, a6+s 1657610 NGIIARY(7,IC PROPERTY OWNER: 80 WEST 78`mSTREET, LLC r S man Its Chief Manager STATEOFMWNPSOTA ) )GS. COUNTY OF CARVER ) The foregoing instrument was aclmowledged before me thise. day of 2012, by Ben Merriman, Chief Manager of 80 West 78 Street, LLC, a Minn to limited liability company on behalf of said company. DRAFPED BY: Cmma1LKNtyrsoN Pro/errlonalAmuciallon 1390 Colporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: 651452-50m AMP/cjb 165761v1 �ARY PUBLIC JEAN M.STECKLING Notary PudbMinnaeote MYc V nr.Ynat=4 a C pog3a za�A nmQ �Zr•r .z 'o' O a gA�i e03 EASEMENT AGREEMENT THIS INDENTURE made this C2a^-P1 day of X1987, by and between BUILDERS DEVELOPMENT, INC., a Minnesota corporation, fee owner, and THE EQUITABLE LIFE ASSURANCE SOCIETY, Mortgagee, hereinafter jointly referred to as "'Grantors", and the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City". The Grantors, in consideration of one Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the City, its successors and assigns, forever, a permanent easement for watermain purposes over, across, on, under and through land situated within the County of Carver and State of Minnesota as described as follows: A 20 foot perpetual easement for watermain purposes over, under and across the following described property: Tract B, Registered Land Survey No. 59, files of the Registrar of Titles, Carver County, Minnesota. The southerly line of said easement is the southerly line of said Tract B. INCLUDING rights of the City, its contractors, agents, servants and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair and maintain the watermain system over, across, on, under and through the easement premises, together with the right to grade, level, fill, drain, pave and excavate the easement premises, and the further right to remove Page I of 4 Pages The above named Grantors, for themselves, their successors, heirs and assigns do covenant with the City, its successors and assigns, they are well seized in fee title of the above described easement premises and have the sole right to grant and convey the easement to the City. As a further consideration for this permanent easement, the city agrees that the easement premises will be restored to a condition as nearly equal as possible to that which existed prior to construction and use of the easement; provided, however, that such restoration does not interfere and is consistent with the use of such easement by the City for the purposes stated herein. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day and year first above written. GRANTORS BUILDER DEvfili PMENT; INC. THE EQUIT BLE LIFE ASSURANCE SOCIETY BY, It A5515TAW-T SGCQ>ETAk-4 GRANTEE CITY70HASSEN BY: omas milton/ Ma o�i7l (SEAL) BY: 4, (a Donald Ashworth, City Manager -2- Page '2 ofPagcs STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me t day of1988, by}��, iMiW e , the of Buil ers Developnenff, Inc..,a Minnesota corpor tion, fee owner, on behalf of said corporation. A— ..rL I.I /JO/S ~J�---�� STATE OF A^ ) �,RE8 A BENTZINGER l• a NOTARY PUBLIC — MINNESOTA COUNTY OF CaoK ) \J CARVER COUNTY Y / My Od. 24. 1098 i •r ••J v We. •••••••,-T' The foregoing instrument was'acknoiileflgtied before me this 15 rH day of E UMBEe. , 1987, by JAMES A Lt)CST the Asst, eareiary of The E .tab ce Society, Mortgagee, on behalf of sa d societ 0F.rJOALSEAL LK F.t1EVOR n, NOTAYYPUB.ICSTATEOFILLINOIS ` ✓� . MY COMMiSS10A fly. MAY 20, 1991 Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) on this a61fd. day of 1987, before me, a Notary Public within and for said Con , personally appeared Thomas Hamilton and Donald Ashworth, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the City of Chanhassen, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council, and said Thomas Hamilton and Donald Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notar* Public DRAFTED BY: \—/ Grannis, Grannis, Farrell & Knutson 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 (612) 455-1661 -3- Pape J of ~ Pages Certificate Number S 5 BOOK PAGE STATE OF MINNESOTA, m County of Caner - R OFFICE OF THE REGISTRAR OF TITLES I Ttds Ls to certify that We dow i was filed in this the -I r -q-4- `p office on day of 9 g ao. 19 at o'Gock M. REGISTRAR OF TITLES RY m If EASEMENT AGREEMENT THIS INDENTURE made this =2oPAJ day of 1987, by and between BUILDERS DEVELOPMENT, INC., a Minnesota corporation, fee owner, and THE EQUITABLE LIFE ASSURANCE SOCIETY, Mortgagee, hereinafter jointly referred to as 'Grantors^, and the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City". The Grantors, in consideration of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the City, its successors and assigns, forever, a permanent easement for public right-of-way for street and utility purposes over, across, on, under and through land situated within the County of Carver and State of Minnesota as described as follows: A 12 foot permanent easement for public right-of-way, street and utility purposes over, under and across that part of the following described property: Tract B, Registered Land Survey No. 59, files of the Registrar of Titles, Carver County, Minnesota. The southerly line of the 12 foot wide easement is the southerly line of said Tract B. INCLUDING the rights of the City, its contractors, agents, servants and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair and maintain public street and utility systems over, across, on, under and through the easement premises, together with the right to grade, level, fill, drain, pave and excavate the easement premises, and the psge of Pages 0 further right to remove trees, bushes, undergrowth and other obstruc- tions interfering with the location, construction and maintenance of said public right-of-way for street and utility purposes. The above named Grantors, for themselves, their successors, heirs and assigns do covenant with the City, its successors and assigns, they are well seized in fee title of the above described easement premises and have the sole right to grant and convey the easement to the City. As a further consideration for this permanent easement, the City agrees that the easement premises will be restored to a condition as nearly equal as possible to that which existed prior to construction and use of the easement; provided, however, that such restoration does not interfere and is consistent with the use of such easement by the City for the purposes stated herein. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day and year first above written. GRANTOR BUILDE D$V H[ENT-, INC. BY: Its I;ce na THE EQULMLE LIFJP' ASSU$ANC& SOCIETY BY: It9 /j GISIANI SFCREjid/LV GRANT(EEE/ / CITY C��,, HASSEN / l J BY : /l�Yh _ L d i / (SEAL) BY: LS J Donald shwo , �E3 I-2- page °I — M' 12: STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me day of —198, by-tCt�i a rYc a !, r the of BuildersDevel-oent, lnc.,a Minnesota corp�oo n, fee behalf of said corporation. �--7 TLu No nS STATE OF YAWNL=j9A ) COUNTY OF COOK ) es ) The day of of The E society. M11 P,E3ECCA L. 6EN I ul MINNESOTA CARVERCO- TY �1yr M Commic,lon ErPue, 0et.11.1889 foregoing instrument was acknowledged before me this /6 neMGEa, 1987, by .JAMES 6'5'r W6'5r , the Assn. SEc2�P +atiT r;fP Assurance Soc etv. Mortgagee, on behalf of said (RfhgF.3EVOR NOTARY PU�.1C STATE OP titiNOtS NY 0ONNIS310,1 ERP. MAY 10. 1991 STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) On thisr, day of 1987, before me, a Notary Public within and for said Coun , personally appeared Thomas Hamilton and Donald Ashworth, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the City of Chanhassen, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council, and said Thomas Hamilton and Donald Ashworth acknowledged said instrument to be the free act and deed of said corporation. DRAFTED BY: Grannis, Grannis, Farrell & Knutson 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 (612) 455-1661 NotavV Publi KAREN J. ENGELHARDT NOTARY PUSUC . MINNESOTA CARVER COUNTY MY WP pl -3- Page 3_' q pages ( Y( S Certificate Number M W l C BOOK 'S 'S PAGE STATE OF MINNESOTA, - u \ County of Carver T OFFICE OF THE REGISTRAR OF TITLES This in W candy that this document was tiIad in this O 1 -1 office on the dayof 4.. J e � A.O. tB � at O'Cb ky M. `/ell..3�Cf7 �Q REG REGISTIiAP OF TITLES Ol � �tL44I+ aC 11T��k� EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS on this 19th day of November, 1992, that BVILDERS DEVELOPMENT, INC., a Minnesota corporation (hereinafter "Grantor"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey to the CITY OF CHANHASSEN, a municipal corporation (hereinafter "the City"), its successors and assigns, forever, the following easements: A permanent easement for storm water ponding purposes over, under and across all those parts of TRACT A and TRACT B, REGISTERED LAND SURVEY NO. 59, files of the Registrar of Titles, Carver County, Minnesota, which lie northerly of a line drawn westerly from a point on the easterly line of said TRACT B, distant 108.03 feet southerly from the northeast corner of said TRACT B, as measured along said easterly line, to a point on the northwesterly line of said TRACT A, distant 344.21 feet southwesterly from the northeast corner of said TRACT A, as measured along said northwesterly line. Together with a permanent easement for roadway purposes over, under and across that part of said TRACT B which lies southerly of a line drawn easterly from a point of the westerly line of said TRACT B distant 19.26 feet northerly of the southwest corner of said TRACT B, as measured along said westerly line, to a point on the southerly line of said TRACT B distant 120.86 feet northeasterly of the southwest corner of said TRACT B, as measured along said southerly line. Together with a permanent easement for public utility purposes over, under and across all that part of the northwesterly 20.00 feet of TRACT A, which lies southerly of the STORM WATER PONDING EASEMENT, as above described. Together with a temporary easement for construction purposes over, under and across all that part of said TRACT A, which lies southerly of the STORM WATER PONDING EASEMENT, as above described, and which lies southeasterly of the UTILITY EASEMENT, as above described. Said temporary easement shall expire December 31, 1994. The easement rights granted herein to the City, its con- tractors, agents, servants and assigns, shall include the right to enter upon the premises at all reasonable times to construct, pages reconstruct, inspect, repair and maintain the public use existing on the permanent easement premises. IN TESTIMONY WHEREOF, the parties have executed this agreement the day and year first above written. BUILDERS DEVELOPMENT, INC., a Minnesota corporation Its PGS i(XA,/0 STATE OF MINNESOTA Oryaneq;n )ss.: COUNTY OF amqvm) On this -9. TH day of November 1992, before me, a Notary Public within and for said County and State, personally appeared` ri+i- W.Va„ �)es+' to me personally known to be the ?�esirleA- of BUILDERS DEVELOPMENT, INC., the corporation named in the foregoing instrument and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and he acknowledged said instrument to be the free act and deed of said corporation. .-. DEEBMJJ.RENICH NotAry Public y NOTARYPUBI .MINNESOTA HENNEPIN COUNTY My OgnMeebn Eaylrv0 Feb. 19, 1877 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452-5000 Pap—.2—ofiTaQ88 ` CONSENT TO EASEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency'of which is hereby acknowledged, THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES which holds a mortgagee interest in TRACT A and TRACT B, REGISTERED LAND SURVEY NO. 59, Carver County, Minnesota, pursuant to the following: 1. Mortgage dated September 18, 1973, recorded October 18, 1973, as Document No. 19374; 2. Mortgage dated March 14, 1975, recorded March 26, 1975, as Document No. 21328; 3. Mortgage dated November 19, 1975, recorded December 3, 1975, as Document No. 22286; and 4. Consolidation, Extension and Modification Agreement dated November 19, 1975, recorded December 3, 1975, as Document No. 22287 all recorded with the Carver County Registrar of Titles, State of Minnesota, hereby consents to the permanent easements granted to the City of Chanhassen in this Easement Agreement and hereby subordinates its mortgagee's interest in TRACTS A and B, REGISTER LAND SURVEY NO. 59 of the Carver County Registrar of Titles, Minnesota, to said easements. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES By: / yy. ,,��.,(� Its �rc%'4 Pte � � 9ffi e_r By: Its STATE OF )ss.: COUNTY OF COOL ) On this ,2' day of 1992, before me, a Notary Public within and for said County and State, personally appeared{s �ra�kr and to me personally known, who, being each by me duly sworn, did say that they are respectively the JaNr,-jb .t Office and THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, the banking corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and they acknowledged said instrument to be the free act and deed of said corporation. 11 OFFICIAL SEAL " KATHERINE SKINNERs _3_ ...,T' RY NIBLIC, STATE OF 1U. N01Sef 1 CC.•.^rISSION EY,PiRcS 7/12/94 pa e Cn. e� of psm CONSENT TO EASEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, B B HOLDING COMPANY, a Minnesota corporation, which holds a mortgagee interest in TRACTS A and B, REGISTERED LAND SURVEY NO. 59, Carver County, Minnesota, pursuant to a Mortgage dated December 29, 1987, recorded December 29, 1987, as Document No. T55235, with the Carver County Registrar of Titles, State of Minnesota, hereby consents to the permanent easements granted to the City of Chanhassen in this Easement Agreement and hereby subordinates its mortgagee's interest to said easements. B F HOLDING COMPANY, a Minnesota corporation By:T Its 11�r: Fes.. STATE OF MINNESOTA ) )ss.: COUNTY OF 14ENNE0-4 ) On this _19t- day of KDVErn&_r , 1992, before me, a Notary Public within and for said County and State, personally appeared L41IIian -F Co2n4cn =- and. to me personally known, who, being each by me duly sworn, did say that they are respectively the Praffa B F HOLDING COMPANY, the banking corporation named in the foregoing instrument and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and they acknowledged said instrument to be the free act and deed of said corporation. RENIC T11H4 iUBUC •MINNESOTA Notary Public HENNEPINCOUNTY My CamrWbn pmuu ieb• 1a, lairH N0 -4- Page of PW CONSENT TO EASEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, The Equitable Life Assurance Society of the United States, which holds a mortgagee interest in TRACTS A and B, REGISTERED LAND SURVEY NO. 59, Carver County, Minnesota, pursuant to a Mortgage dated March 14, 1975, recorded March 26, 1975, as Document No. 21328; and Mortgage dated November 19, 1975, recorded December 3, 1975, as Document No. 22286; and that certain Consolidation, Extension and Modification Agreement dated Novemberl9, 1975, and recorded December 3, 1975, as Document No. 22287, with the Carver County Registrar of Titles, State of Minnesota, hereby consents to the permanent easements granted to the City of Chanhassen in this Easement Agreement and hereby subordinates its mortgagee's interest to said easements. STATE OF 3-1 � inOi ) )SS COUNTY OF UDk. ) THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES By: Its: On this _ day ofm r , 1992, before me, a Notary Public within and for said County and State, personally appeared Cht,tes Qeav�! "& to me personally known, who, being each by me duly sworn, did say that they are respectively the Nr_c4rnv„+_C�Rret attd• of The Equitable Life Assurance Society of the United States, the corporation named in the foregoing instrument and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and they acknowledged said instrument to be the free act and deed of said corporation, CARVER nnUMYAfSWM tin I " OFFICIAL .MEAL f KATHERINE SKINNFRi NOTARY P!JOLIC, STATE OF IiLU!OIS My COMMISSION EXPIRES 1112%9 . of4PW Certificate Number. �4 Book Page_ STATE OF MINNESOTA, t as County of Canner I OFFICE OF THE REGISTRAR OF TITLES This Is to certify that this documentt was filed in A.Doffice J day of c"bck M9 . A.D. 19 /YD of o—�7clock'67`//T-m'. 7 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of 80 West 78h Street, LLC for a parking setback variance on property zoned Business and Highway Services District (BH) — Planning Case # 2012-03. On July 17, 2012, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, 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 Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Business and Highway Services District (BH). 2. The property is guided in the Chanhassen Comprehensive Plan for Commercial use. 3. The legal description of the property is as follows: Registered Land Survey 59, Tracts A and B. 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 is in keeping with the purpose and intent of the zoning ordinance. The construction of a parking lot is a normal accessory use for commercial buildings. 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. Finding: The practical difficulty with the construction of the parking lot is due to the shape of the property and the city standards for parking lot layout, which requires a 62 - foot wide area for two rows of parking and a two-way drive aisle. Only the most easterly portion of the southern parking area encroaches into the setback from the right-of-way SCANNED Vi easement. In reviewing the site plan, the property line was shown approximately 12 feet south of the right-of-way easement. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based upon economic considerations, but is to permit the owner to utilize the property in a reasonable manner. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is trapezoidal in shape becoming narrower on the east end. To the north are a stormwater area and a wetland complex. Due to the property shape, a portion of the parking area just west of the site entrance encroaches into the setback area. e. The variance, if granted, will not alter the essential character of the locality. Finding: The construction of the parking lot is a normal use associated with a commercial site and would be in keeping with the character of the neighborhood. 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 does not apply to this request. 5. The planning report #2012-03, dated July 17, 2012, prepared by Robert Generous, et al., is incorporated herein. "The Board of Appeals and Adjustments approves Planning Case #2012-03 for a 10 -foot parking lot setback variance to construct a parking lot on property zoned Business and Highway Services District (BH)." 2012. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 17th day of July, CITY OF CHANHASSEN BY: Chairman 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: 952.2271160 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 7901 Park Place Phone: 952.227.1300 Fax: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952227.1110 Web Site www.ci.chanhassen.mn.us /a -o3 September 24, 2012 Symetra Life Insurance Company and Guaranty Commercial Title do Venture Mortgage 7801 East Bush Lake Road, Suite 350 Edina, MN 55439 Re: 80 West 780' Street Chanhassen, MN 55317 To Whom It May Concern: This office has been requested to confirm certain facts and circumstances concerning the current zoning and land use compliance status of the above referenced project. In furtherance of that request, we hereby confirm and advise you as follows: 1. The above referenced project is located within the corporate limits of the City of Chanhassen, Carver County, Minnesota Accordingly, the building and other improvements comprising the project are under the jurisdiction and are required to comply with the building codes, ordinances and regulations of the City of Chanhassen, Carver and Hennepin Counties, Minnesota. 2. The project currently is located in a district with zoning classification of Highway and Business Services, BH and guided for a commercial land use. The zoning classification is consistent with the comprehensive plan designation. Enclosed is a copy of the BH district regulations 3. The current use complies with the current zoning classification and all current zoning requirements and regulations applicable thereto, including parking requirements, and also complies with the above stated comprehensive plan designation and all requirements applicable thereto. 4. Site Plan Review #2012-03 for a 20,600 square -foot retail building approved by the Chanhassen City Council on February 27, 2012. 5. Variance #2012-03 for a 10 -foot parking setback to permit parking at the right-of- way easement approved by the Board of Appeals and Adjustments on July 17, 2012. 6. Based on analysis of the use, there is sufficient parking to accommodate said use. SCANNED Chanhassen is a Community for Life -Providing for Today and Planning for Tonrorrow Symetra Life Insurance Company and Guaranty Commercial Title September 24, 2012 Page 2 This information was researched by the undersigned on request as a public service. The undersigned certifies that the above information is believed to be accurate. However, neither the undersigned nor the City assumes liability for errors or omissions. All information was obtained from public records which may be inspected during normal business hours Should additional information be required of this office concerning the property, you may contact the undersigned. Sincerely, Nvx"09t) Kate Aanenson Community Development Director Enclosure g1plm\2012 planning c esl2012-03 80 west 78th stteeAzoning letter.dm Municode Page 1 of 4 Chanhassen, Minnesota, Code of Ordinances >> - CITY CODE >> Chapter 20 - ZONING >> ARTICLE XVII. - "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT >> ARTICLE XVII. - "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20-711. - Intent. Sec. 20-712. - Permitted uses Sec. 20-713 - Permitted accessory uses Sec. 20-714. - Conditional uses Sec 20-715 - Lot requirements and setbacks Sec. 20 -716. -Interim uses Secs. 20-717-20-730. - Reserved Sec. 20-711. - Intent. The intent of the "BH" district is to provide for highway oriented commercial development restricted to a low building profile. (Ord. No. 80, Art. V § 11(5-11-1). 12-15-86) Sec. 20-712. - Permitted uses. The following uses are permitted in a "BH" district: (1) Antennas as regulated by article XXX of this chapter. (2) Car wash. (3) Community center. (4) Convenience stores without gas pumps. (5) Day care center. (6) Fast-food restaurant. (7) Financial institutions with/or without drive-through services. (8) Funeral homes. (9) Health services. (10) Liquor stores. (11) Miniature golf. (12) Motels and hotels. (13) Offices. (14) Personal services. (15) Private clubs and lodges. (16) Reserved. (1 7) Shopping center. (18) Specialty retail shops. (19) Standard restaurants. (20) http://library.municode.com/print.aspx?h=&clientI D=14048&HTMRequest=http%3a°/u2f... 9/24/2012 Municode Page 2 of 4 Utility services. (Ord. No. 80, Art. V, § 11(5-11-2). 12-15-86; Ord. No. 116, § 6. 1-22-90, Ord. No. 122, § 1, 2-26-90; Ord. No. 173, § 1, 7-27-92; Ord. No. 259, § 21, 11-12-96: Ord. No. 377, § 97, 5-24-04; Oros. No. 377, § 97, 5-24-04) Sec. 20-713. - Permitted accessory uses. The following are permitted accessory uses in a "BH" district: (1) Signs. (2) Parking lots. (3) Temporary outdoor sales (subject to the requirements of section 20-312). (Ord. No. 80, Art. V, § 11(5-11-3). 12-15-86: Ord. No. 243, § 5. 2-13-95; Ord. No. 377, § 98, 5-24-04) Sec. 20-714. - Conditional uses. The following are conditional uses in a "BH" district: (1) Automobile rental facilities. (2) Automotive repair shops. (3) Convenience stores with gas pumps. (4) Emission control testing stations. (5) Garden centers. (6) Motor fuel stations. (7) Outdoor storage. (8) Reserved. (9) Small vehicle sales. (10) Supermarkets. (11) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 11(5.11-4), 12-15-86; Ord. No. 80-G, § 1, 1-11-86: Ord. No. 91, § 1. 6-27-88; Ord. No. 116, § 6, 1-22-90; Ord. No. 120. § 4(8), 2-12-90: Ord. No. 137, § 2 2-11-91, Ord. No. 259, § 22, 11-12-96: Ord. No. 296. § 2, 2-14-00. Ord. No. 377. § 99, 5-24-04) Editor's note - Section 1 of Ord. No. 91, adopted June 27, 1988, amended2§ 0-714 by adding a subsection (5) thereto. Inasmuch as there existed a subsection (5), added by Ord. No. 80-G, the editor has renumbered the new provisions as § 20-714(6). Subsequently, subsections (5) and (6), added by Ord. No. 116, § 6, adopted Jan. 22, 1990, were renumbered as (7) and (8). State law reference- Conditional uses, M.S. § 462.3595. Sec. 20-715. - Lot requirements and setbacks. The following minimum requirements shall be observed in a "BH" district subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum district area is ten acres. This section may be waived by a condition use permit in the case of expansion of an existing district. (2) The minimum lot area is 20,000 square feet. (3) http://library.municode.com/print.aspx?h=&clientID=14048&HTMRequest=http°/`3a%2f... 9/24/2012 Municode Page 3 of 4 The minimum lot frontage is 100 feet, except that lots fronting on a cul-de-sac shall have a minimum frontage in all districts of 60 feet - (4) The minimum lot depth is 150 feet. (5) The maximum lot coverage is 65 percent. (6) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in chanter 20, article XXV, division 3, pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. C. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that 100 percent screening is provided at least five feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. (7) The maximum height is as follows: a. For the principal structure, two stories. b. For accessory structures, one story. (8) Minimum setback requirements: a. For front yards, 25 feet. b. For rear yards, 20 feet. C. For side yards, ten feet. d. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. e. Buffer yards. - The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. 2. The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. 3- The buffer yard is intended to provide physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. (Ord. No. 80. Art. V, § 11(5 1 t-5), 12-15 86: Ord, No. 94, §§ 1, 3,7-25-W. Ord. No. 136. §§ IA, IB, 1-28-91; Ord. No. 451, § 4, 529-07: Ord. No. 474. § 11, 10-13-08) http://Iibrary.municode.com/print.aspx?h=&cl ientIf)= 14048&HTMRequest=http%3a%2f .. 9/24/2012 Municode Page 4 of 4 , 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. http://library.municode.com/print.aspx7h=&clientID=14048&HTMRequest=http%3a°/`2f... 9/24/2012 CITY OF CHANHASSEN P 6 BOX 147 CHANHASSEN MN 55317 09/26/2012 3:51 PM Receipt No. 00199755 CLERK: AshleyM PAYEE: Public ------------------------------------------------------- Zoning Letter 25.00 Total 25.00 Cash 0.00 Credit Cd 25.00 Change 0.00 /a -0 3 SCANNED Administration 13010 G Phone: 952.227.1100 Center Companies LLC CITY OF April 6, 2012 CHMSEN Chanhassen, MN 55317 Phone: 952.227.1180 Mr. Scott Nelson 7700 Market Boulevard DJR Arch. Inc. PO Box 147 333 Washington Ave. N. Chanhassen, MN 55317 Minneapolis, MN 55401 Administration Mr. Ben Merriman Phone: 952.227.1100 Center Companies LLC Fax: 952.227.1110 2025 Coulter Blvd. Building Inspections Chanhassen, MN 55317 Phone: 952.227.1180 Fax: 952.227.1190 Mr. Lee Monson Fax: 952.227.1110 Fendler-Patterson Const. Engineering 4839 West 124h St. Phone: 952.2271150 Savage, MN 55378 Fax: 952.227.1170 The plan review for the above named building is complete to the extent possible. Finance Phone 952.2271140 Fax:952.2271110 Plan review for: Proposed new mercantile occupancy building ("Goodwill") at 80 W.78 h St., Chanhassen, MN. Park & Recreation Phone. 952.227.1120 Fax: 952.227.1110 Gentlemen: Recreation Center 2310 Coulter Boulevard The plan review for the above named building is complete to the extent possible. Phone: 952.2271400 The plans have been reviewed by the Building Inspection Division, Fire Marshal, Fax: 952.227.1404 and Planning Department. Inspection Division review does not include plumbing Planning & or mechanical review. Fire Marshal review does not include fire sprinkler review. Natural Resources The plans were reviewed for conformance to the 2007 Minnesota State Building Phone: 952.2271130 Code which adopts the 2006 International Building Code by reference. Below are Fax. 9522271110 comments and corrections related to the plan review. Public Works 7901 Park Place Phone: 952.227.1300 Inspection Division Fax: 952.2271310 1) Demolition of existing building will be incorporated into permit for new Senior Center building construction. Phone: 952.227.1125 a. Hazardous material evaluation required (see MPCA requirements). Fax 952.227.1110 b. Debris must be removed to an acceptable site (specify site). Web Site c. Erosion control\soil stability\drainage to be maintained per City Zoning and www.ci.chanhassen.mn.us Engineering Departments' ordinance requirements. ';anhas. �iaaC=mm:In,niter:4e.- Providing torTo'ayan Planning for Tomorrow April 6, 2012 Page 2 2) Submit fire sprinkler plans — signed by MN Fire Protection Engineer or NICET level 4 designer. NOTE: fire -suppression supply pipe must not run under building (NFPA 13, 10.6.1-10.6.4), make provision to locate riser pipe immediately inside foundation\exterior wall. 3) Submit, 2 sets, structural steel "shop" drawings, approved by the structural engineer. Please note, a "certificate of compliance" (see 2006 IBC 1704.2.2) will be required before a Certificate of Occupancy is issued. 4) Hardware Schedule. Please be advised, double keyed and thumb turn locks are not allowed (the exception has been revoked city-wide). All hardware must meet accessibility requirements (see 2003 -ANSI, Al 17.1). All hardware must allow exiting from the space under consideration without key or special knowledge or effort (2006 IBC 1008.1.8). The unlatching of any door or leaf shall not require more than one operation (2006 IBC 1008.1.8.5). Please acknowledge. 5) A guard is required at roof -edge side of the roof access hatch or mechanical equipment if the hatch or mechanical equipment is within ten feet of the roof edge. 6) Twelve inch high address numbers required on front elevation of building (location per fire marshal). Acknowledgement required. 7) Fire lanes shall be as required by fire marshal. Contact Fire Marshal, 952-227- 1151. 8) Please note: Revised plans, addendums, letters, or other instruments of documentation will be required from the appropriate design professional for any changes to the approved plan. Fire Marshal's Office: Fire Marshal, contact Mark Littfm, 952-227-1151. Fire Protection Systems: 9) Submit sprinkler plans and application, and obtain a permit for the installation of the -fire sprinkler system. Chanhassen Fire Department Policy #40- 1995. 10) Please refer to the City/ Fire Department Policy on the installation of the water service for fire protection systems. Chanhassen Fire Department Policy #34-1993, #36-1994. 11) Twelve inch address numbers are required on the front face of the building. Fire Department Policy 29.1991 (copy enclosed). 12) A UL 72 Certificate must be completed for the fire sprinkler and or fire alarm monitoring prior to occupancy. Chanhassen Fire Department Policy #01-1991,#40-1995. 13) Door 101A (secondary exit from sales area) to be labeled "Fire Exit Door, Do Not Block". April 6, 2012 Page 3 14) Doors to Mechanical and\or Electrical rooms must be labeled: "Electrical\Mechanical Room No Storage Allowed By Order of the Fire Marshal" Lettering to be 2", contrasting color. Chanhassen Fire Department Policy #FP 49-2006. 15) The Chanhassen Fire Department requires that a "pre plan" be submitted prior to the Certificate of Occupancy. Please refer to the policy for the requirements. Chanhassen Fire Department Policy #07-1991. 16) A fire department lock box is required located adjacent to the fire department connection. A master key for the building must be submitted to the Fire Marshal to be placed in the lock box. Call the Fire Marshal for exact specifications. 2007 Minnesota State Fire Code, Section 506.1. Copies of the Fire Department Policies are on the city web -site, please go to: www.ci.chanhassen.mn.us/FDPrevl.htm If you have any questions please call the Fire Marshal at (952) 227-1151 or the Deputy Fire Marshal at (952) 227-1152. Planning Department, contact Bob Generous at 952-227-1131. 17) The landscape island in the east parking lot containing two over -story trees must have a minimum inside width of 10 feet. (sheets C3.01, C4.01, C5.02, Sheet L1.01). 18) The four trees in the northeast comer of the parcel, at the east end of truck back up area, shall be moved to the north side of the parking lot. This area will be extended to the east in the future with the redevelopment of the Garden Center to provide vehicular connection. (sheet L1.01). 19) The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. 20) The site plan agreement that must be executed by Center Companies, LLC, prior to issuance of the building permit. Note that if there is a different property owner and/or mortgage holder on the property, they will need to sign the consent(s) at the end of the agreement. The required security specified in the site plan agreement ($5,000.00) shall be submitted prior to the City issuing a building permit. April 6, 2012 Page 4' Engineering Department, contact Alyson Fauske at 952-227-1164. 21) Provide drainage calculations. 22) Show eastern portion of site on plans. 23) Show striping of access aisle to ADA parking stall. Please note, Engineering Department approval is required for permit issuance. Items #2-7 are approved as deferred submittals and must be submitted through the architect or engineer of record in accordance with MSBC 1300.0130. These items must not be installed until submittal items have been reviewed and approved by the city. All other items must be corrected or addressed as requested before the associated permits will be issued. Other issues may arise which will also require your attention. Changes made by issuing revised plan sheets must have the revision clouded and the revision date shown. Submit three copies of only those sheets being revised, one with the original signature of the design professional. Changes to the plans by addenda, bulletin or similar methods must also be submitted in the same fashion. Please call if you have any questions, 952-227-1199. Cordially, J o Building Official Cc: Robert Generous, Senior Planner Mark Littfin, Fire Marshal Building file: 80 West 78th St. g?safety\imp\b1d-mw\80 West 780 St.doc March 5, 2012 1AIf1lI11B► k)DIl Mr. Ben Merriman 7700 Market Boulevard Center Companies, LLC PO Box 147 2025 Coulter Boulevard, Suite 215 Chanhassen, MN 55317 Chanhassen, MN 55317 Administration Re: 80 West 7e Street Site Plan Review Phone: 952.227.1100 Planning Case #12-03 Fax: 952.227.1110 Complete construction plans must be prepared and signed by design Fax: 952.2271110 Dear Mr. Merriman: Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 This letter is to confirm that on Feb 27 2012 the Chanhassen Cit Council mom' > Y Recreation Center 2310 Coulter Boulevard approved the following: Engineering Phone: 952.227.1400 Phone: 952.227-1160 The Site Plan for a 20,600 square -foot, one-story retail building, plans prepared by Fax: 952.227.1170 MFRA dated 1/4/2012, for property located at 80West 78m Street, subject to the The owner and/or their representative shall meet with the Inspections following conditions: Finance Division as soon as possible to discuss plan review and permit procedures. Phone: 952.227.1140 Fax: 952.227.1110 1. Building Official g Park & Recreation a. A demolition permit is required for the removal of any existing structures. Phone: 952.227.1120 b. Complete construction plans must be prepared and signed by design Fax: 952.2271110 professionals licensed in the State of Minnesota. c. The building is required to have an automatic fire extinguishing system. Recreation Center 2310 Coulter Boulevard d. Detailed occupancy -related requirements will be addressed when complete Phone: 952.227.1400 building plans are submitted. Fax: 952227.1404 e. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Planning & Natural Resources 2. Forester Phone: 952.227.1130 Fax: 9522271110 a. The line of shrubs along the parking lot on the south property line shall be Public Works extended to provide a buffer for the length of the parking area. The 7901 Park Place plantings can be incorporated into the rain garden. Phone: 952.227.1300 b. The applicant shall add an island in the east parking lot containing two Fax: 952.2271310 overstory trees, minimum inside width of 10 feet. c. The applicant shall add one overstory tree to the peninsula in the south Senior Center parking lot at the southwest corner of the building. Phone: 952.227.1125 Fax: 952.227.1110 3. Water Resources Web Site www.ci.chanhassen.mn.us a. No final approval of the proposal may be given without the review and approval of the drainage plans and calculations. SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Ben Merriman 80 West 78h Street March 5, 2012 Page 2 b. The curb cuts must be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. c. Additional topographic information is required in the area between the two existing ponds in order to determine the emergency overflow (EOF) elevation of the pond to the west. d. The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest comer of the drop-off drive in order to properly divert the EOF water. e. Correct the elevations on the filtration basin cross section on page C4.01. f. The filtration basin will be privately owned and maintained. A maintenance agreement will be required by the City. 4. Engineering a. Erosion control phasing Gantt chart will need to be completed prior to earth - disturbing activities. b. The swale along the western property boundary will need to be stabilized per Part IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet with 24 hours of connection to a surface water.) c. Grading should be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed. 5. Planning a. The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. b. The applicant shall provide future circulation information to the easterly properties prior to council approval. When the parcel to the east redevelops, then the vehicular accesses shall be constructed. c. The articulation of the building shall be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. d. The elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. e. The fenestration and architectural detailing on the west elevation shall be increased. f. The architectural detailing and columns shall be continued along the north elevation. g. Should an exterior trash enclosure be necessary in the future, it shall be screened and constructed with similar materials to the building. h. All signage shall comply with City Code and requires a separate sign permit application. i. The applicant shall provide a bike rack. "niAJZ Mr. Ben Merriman 80 West 780' Street March 5, 2012 Page 3 Enclosed is a site plan agreement that must be executed by Center Companies, LLC. Note that if there is a different property owner and/or mortgage holder on the property, they will need to sign the consent(s) at the end of the agreement. Return the agreement to me for City execution and recording at Carver County within 120 days of the approval (by June 27, 2012). The required security specified in the site plan agreement ($5,000.00) shall be submitted prior to the City issuing a building permit. A copy of the executed agreement will be returned for your files. Additionally, I have included an Application to Combine Real Estate Parcels and Carver County's Taxpayer Services Department Combination policy for you. The combination of the two parcels is required by Condition 5. a. prior to the issuance of a building permit. Please complete and return so the City can submit to Carver County. Property taxes must be paid prior to the County combining these parcels. A separate building permit application and review is required before issuance of a building permit. If you have any questions or need additional information, please contact me at (952) 227-1131 or by email at bgenerous@ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner RG:ktm cc: Clifford L. Whitehill ec: Todd Gerhardt, City Manager Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Jerry Mohn, Building Official Enclosures g \p1an\2012 planning ca \2012-03 80 west 781h st=Aapproval letter.doc CITY OF CHANHASSEN SITE PLAN PERMIT # 2012-03 80 WEST 78h STREET SPECIAL PROVISIONS AGREEMENT dated February 27, 2012, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Center Companies, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 20,600 square -foot, one-story, commercial retail building (referred to in this Permit as the "project"). The land is legally described as Registered Land Survey 59, Tracts A and B. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terns shall control. The plans are: Plan A: Site Plan prepared by MFRA, Inc., dated 1/04/2012. Plan B: Grading, Drainage and Erosion Control Plan prepared by MFRA, hic., dated 1/04/2012. Plan C: Landscaping Plan prepared by MFRA, Inc., dated 1/05/2012. Plan D: Utility Plans prepared by MFRA, Inc., dated 1/04/2012. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 1, 2012. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall finnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Ben Merriman Center Companies, LLC 2025 Coulter Boulevard, Suite 215 Chanhassen, MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a site plan for a 20,600 square -foot, one-story, commercial retail building subject to the following conditions: a. Building Official 1) A demolition permit is required for the removal of any existing structures. 2) Complete construction plans must be prepared and signed by design professionals licensed in the State of Minnesota 3) The building is required to have an automatic fire extinguishing system. 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. b. Forester 1) The line of shrubs along the parking lot on the south property line shall be extended to provide a buffer for the length of the parking area. The plantings can be incorporated into the rain garden. 2) The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. 3) The applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest comer of the building. c. Water Resources 1) No final approval of the proposal may be given without the review and approval of the drainage plans and calculations. 2) The curb cuts must be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. 3) Additional topographic information is required in the area between the two existing ponds in order to determine the emergency overflow (EOF) elevation of the pond to the west. 4) The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest corner of the drop-off drive in order to properly divert the EOF water. 5) Correct the elevations on the filtration basin cross section on page C4.01. 6) The filtration basin will be privately owned and maintained. A maintenance agreement will be required by the City. d. Engineering 1) Erosion control phasing Gantt chart will need to be completed prior to earth - disturbing activities. 2) The swale along the western property boundary will need to be stabilized per Part IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet with 24 hours of connection to a surface water.) 3) Grading should be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed. e. Planning 1) The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. 2) The applicant shall provide future circulation information to the easterly properties prior to council approval. When the parcel to the east redevelops, then the vehicular accesses shall be constructed. 3) The articulation of the building shall be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. 4) The elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. 5) The fenestration and architectural detailing on the west elevation shall be increased. 6) The architectural detailing and columns shall be continued along the north elevation. 7) Should an exterior trash enclosure be necessary in the future, it shall be screened and constructed with similar materials to the building. 3 8) All signage shall comply with City Code and requires a separate sign permit application. 9) The applicant shall provide a bike rack. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITY OF CHANHASSEN 021� Thomas A. Furlong, Mayor Todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of . 2012, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DEVELOPER: BY: Its STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2012 by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 of Center Companies, LLC. NOTARY PUBLIC CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "A" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 5 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severabiliri. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancv. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City s failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every 0 right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws. Ordinances. and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer fiuther agrees that it will indemnify, defend, and hold harmless the City, its goveming body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 7 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of 20 STATE OF MINNESOTA ) (sS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 ,by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 8 NOTARY PUBLIC MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 20. STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 0 NOTARY PUBLIC EFFECTIVE: 9/15/10 CARVER COUNTY TAXPAYER SERVICES DEPARTMENT COMBINATION POLICY Statement and Purpose Carver County Taxpayer Services is responsible for the integrity of maintaining land records for taxation purposes. In order to maintain the integrity of land records, this policy has been created to provide a fair and standardized way to combine tax parcels located in Carver County. Policy In accordance with MN Statute 272.46, Carver County Taxpayer Services Department will allow the combination of tax parcels as long as all requirements are met and approved by Taxpayer Services Department. Procedure Carver County Taxpayer Services Department will consider combining parcels only if the following requirements are met: • Receipt of completed form by owner or designated representative • Based upon deeds of record, parcels must be of the same (identical) ownership • Parcels must be contiguous • Parcels must be located in same unique taxing districts (TAG) • Current year and delinquent taxes must be paid on each parcel • If parcels are in a Tax Increment Financing District (TIF), they must be located in the same TIF district • If special assessments are not paid on all parcels, the city/township would need to recertify the special assessments for the new parcel Upon approval of the parcel combination, Carver County Taxpayer Services Department will: • Determine which subdivision will remain the legal of record depending on structure/street address • Notify the city/township affected by the combination. If applicable, city/township will recertify special assessments • Notify Carver County Land Management and Assessors Department • Process combinations received by 12/31 for the following tax year Carver County Taxpayer Services Department retains the right to deny a request to uphold the integrity of tax records and will notify the requestor in writing the reason for denial. G:\PLAN\Forms\Administrative Subdivisions\Administrative subdivision Carver County Combination Policy.doc Date Received CARVER COUNTY Taxpayer Services Department Government Center - Administration Building 600 East 4th Street Chaska, MN 55316-2102 —� Phone(952)361-1910 Fax(952)361-1919 Application to Combine Real Estate Parcels Per MN Statute 272.46 the county auditor, upon written application of any person, shall for property tax purposes only, combine legal descriptions of contiguous parcels to which the applicant(s) hold title. In order to be combined, the following requirements must be met: • Receipt of completed form by owner or designated representative • Based upon deeds of record, parcels must be of the same (identical) ownership • Parcels must be contiguous • Parcels must be located in same unique taxing districts (TAG) • Current year and delinquent taxes must be paid on each parcel • If parcels are in a Tax Increment Financing District (TIF), they must be located in the same TIF district • If special assessments are not paid on all parcels, the city/township would need to recertify the special assessments for the new parcel CAUTION Parcels that have been combined cannot be subdivided again without local municipality approval. If located in a township, Carver County Land Management Office must also approve the subdivision. Combined property tax will be reflected on next year's tax statement Owner (Applicant) Name: Address: Parcels to be combined: Signature: Phone Number: Date: For Office Use Only: Approved Denied By: Reason Denied: WPLAMFormslAdministrative SubdivisionMAdministrative subdivision Application to Combine Real Estate Parcels.doc 1700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.2271180 Fax: 952.227.1190 Engineering Phone: 952.227.1180 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952 22T1110 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 7901 Park Place 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 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: February 27, 2012 SUBJ: 80 West 80e' Street — Planning Case #12-03 PROPOSED MOTION "The Chanhassen City Council approves the Site Plan as outlined in the staff report, subject to conditions 1 — 5 and adoption of the attached findings of fact." City Council approval requires a majority vote of City Council present. EXECUTIVE SUMMARY The developer is requesting Site Plan Approval for a 20,600 square -foot retail building, for the redevelopment of property located at 80 West 78e Street. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on February 7, 2012 to review the proposed development. The Planning Commission voted six for and none against a motion recommending approval of the project. Planning Commission did direct that the applicant work with staff to address the architectural detailing. What doesn't stand out in the building elevation is that the drop-off area projects out from the wall of the building 22 feet. After visiting the site, the enhancement of the column elements, the reduction in the amount of EIFS and the addition of a roof or canopy element over the access door should, in conjunction with the existing trees on the property to the west, address staff's concerns. RECOMMENDATION Staff recommends approval of the site plan. ATTACHMENT Planning Commission Staff Report Dated 2/7/12. gAplanQ012 planning cazes12012-03 80 west 78th streeA"mutive summary.doc SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: 2/7/12 CC DATE: 2/27/12 REVIEW DEADLINE: 3/1/10 CASE #: 12-03 BY: AK, BG, TJ, JM, ML "The Chanhassen Planning Commission recommends that City Council approve the Site Plan as outlined in the staff report, subject to conditions 1— 5 and adoption of the attached findings of fact and recommendation." SUMMARY OF REQUEST: The developer is requesting Site Plan Approval for a 20,600 square -foot retail building, for the redevelopment of property located at 80 West 781i Street. LOCATION: 80 West 78h Street RLS 59, Tracts A and B APPLICANT: Ben Merriman Clifford L. Whitehill Center Companies, LLC 5320 West Harbor Village Drive # 201 2025 Coulter Blvd, Suite 215 Vera Beach, FL 32967 Chanhassen, MN 55317 952-474-4828 bmerriman&centercomnanies.com PRESENT ZONING: Highway and Business Services District (BH) 2030 LAND USE PLAN: Commercial ACREAGE: 2.79 acres DENSITY: F.A.R. 0.17 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 those standards, the City must then approve the site plan. This is a quasi-judicial decision. PROPOSAL/SUMMARY The applicant is requesting site plan approval for the redevelopment of property located at 80 West 781i Street for the construction of a 20,600 square foot, one-story, commercial retail building. SCANNED Retail Building Planning Case 12-03 February 7, 2012 Page 2 of 13 To the north of the subject site is the Twin Cities and Western Railroad and a storm water pond. To the south of the site is West 78t' Street and Highway 5. To the east of the site is a retail nursery, zoned Highway and Business Services (BH), and located to the west of the site is a city -owned storm water pond. Water and sewer services are available to the site. Access to the parcels is gained via a driveway off of West 78th Street. The proposed development complies with City code and is consistent with the Comprehensive Plan. Staff is recommending approval of the site plan. APPLICABLE REGUATIONS Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XVII, Highway and Business Services District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Development Retail Building Planning Case 12-03 February 7, 2012 Page 3 of 13 BACKGROUND On October 5, 1973, Registered Land Survey 59 for the subject site was recorded. The site is currently comprised of two Tracts, A and B. As part of the current proposal, the applicant will combine the two tracts into a single Zoning Lot. A zoning lot combines the lots under one Parcel Identification Number (PID) and address. It essentially eliminates the interior property lines and setback requirements; the lot area is calculated using both parcels. The site is currently occupied by a two-story office building, {; constructed in 1973. The construction of the existing building predates the adoption of the Minnesota State Building Code. L. The building will be demolished as part of the redevelopment proposal. GENERAL SITE PLAN/ARCHITECTURE The applicant is requesting site plan approval for a 20,600 square -foot one-story retail building located on the northwesterly portion of the site. The proposed parking is located to the south (32 stalls) and east (68 stalls) of the building. There is a storm water pond located on the northeast portion of the site, which drains into a Manage 3 wetland located on the adjacent parcel to the east. Access to the site will continue to be accessed via West 78h Street. ARCHITECTURAL COMPLIANCE Size Portion Placement The City Code promotes the location of the building as close as possible to the setback lines as outlined in the district regulations and the majority of the parking to the side or rear of the building. The minimum setback in the BH district is 25 feet from the front property line, 20 feet from the rear property line, and 10 feet from the side property line. The proposed building is set back approximately 83 feet from the front property ]me, 42 feet from the rear property line and 20 feet from the side property line at the nearest point. r pPC TRACT C TRACT 8 k4 ' i ~ TRACT D approximately 83 feet from the front property ]me, 42 feet from the rear property line and 20 feet from the side property line at the nearest point. Retail Building Planning Case 12-03 February 7, 2012 Page 4 of 13 Parking will be distributed between the building and the south and east property lines. There is a drive aisle for the drive-thm drop-off bay located between the building and the west property line, then continues along the north side of the building connecting to the east parking area. The proposed building tenant is Goodwill. There is one customer entrance into the building located on the east elevation. This will serve as the prominent main entrance and is surrounded by windows and a standard clear anodized metal awning. There are four service entrances into the building, one on the north elevation and three on the west elevation. The north elevation of the proposed building is adjacent to the Twin Cities and Western Railroad and the wetland. There is a loading dock with overhead doors located on this north elevation, which face cast. This loading dock will access the warehouse area of the building. There is also a service door and stairs located on this elevation. There is an enclosed donation drive-thru drop-off area located on the west elevation, which is directly connected to the warehouse portion of the building. There are also three service entrances located on this elevation. Building Articulation The proposed building provides some visual articulation with the use of columns at the main entrance on the east elevation and mimicked on the south elevation and at the corners of the building and the donation drive-thru drop-off area. The visual articulation is enhanced through the use of storefront windows and a canopy above, as well as parapet wall. However, the majority of the building is flat. Staff has added a condition that the articulation of the building be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. Color and Material There is a combination of materials including brick, block, and EIFS (Exterior Insulation Finish system), and accent elements incorporated into the design provide visual interest to the building. The bottom half of the building is constructed of tan Utility Face Brick and Single Scored Burnished Concrete Masonry Units. The top portion of the building is constructed of paprika colored EIFS with tan EIFS accents. City Code (Section 20-1065) states that EIFS may be used as an accent but not a primary material. Accent materials may occupy up to 15% of the building's fagade. Staff conducted a quick analysis of the building and the EIFS occupies over 40% of the building faVade. Staff has added a condition that the elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. Retail Building Planning Case 12-03 February 7, 2012 Page 5 of 13 SOUTH ELEVATION The main entrance on the east elevation is accentuated with columns with decorative EIFS cornices. The parapet wall above the main entrance is accented with paprika EIFS with tan EIFS diamond accents. The storefront windows are bordered with anodized metal frames. This application is mimicked on the south elevation for visual interest; however, the south elevation will not contain an entry. Height and Roof Design The single -story building is 20 feet in height to the roof. The roof articulation is provided at the entrance on the east elevation and mimicked on the south elevation through columns and parapet wall. The columns extend three and a half feet above the roof and the parapet wall extends four feet above the columns. The City Code requires that each building contain one or more pitched elements, such as a pitched roof, awnings or entrances. The proposed building contains standing seam metal awnings located above the entrance as well as on the south elevation. Additionally, the varied parapet height provides vertical detail. The mechanical equipment will be screened through the use of the parapet walls. Facade Transparency City Code requires that 50 percent of the first floor elevation that is viewed by the public shall include transparent windows and/or doors. The south and east elevations of the building exceeds this requirement. Retail Building Planning Case 12-03 February 7, 2012 Page 6 of 13 The west elevation of the building is located adjacent to the storm water pond. This elevation contains a the drive-thru drop-off bay, three service doors and three windows toward the south side of this elevation. While this elevation is not the main customer entrance or located along a public street, it will have some visibility from eastbound traffic traveling on West 78th Street and Highway 5. City code, Section 20-1068 Fagade transparency, does allow for reduced transparency standards for uses within buildings that do not readily allow windows, such as storage areas. The interior uses adjacent to this elevation are warehouse, office and break room. The fenestration requirement in these areas can be achieved through the use of upper level windows, spandrel glass, and glass blocks or increased architectural detailing. The applicant has shown three windows and three service doors on the west elevation; however, it is stabs opinion that the fenestration and architectural detailing on the west elevation be increased. NEST ELEVATION The north elevation of the proposed building is adjacent to the railroad and a wetland, which acts as a buffer and will have minimal view by the public. This elevation contains one service door, two loading docks, and the exit to the drive-thru drop-off bay. Since this elevation will not be readily viewed by the public, there are no windows proposed for this elevation; however, staff is recommending that the architectural detailing, columns and canopy be continued along this elevation. In addition, the applicant should investigate a roof element over the entrance stairway on this elevation. LIGHTING/SIGNAGE Lighting City code requires that the applicant provide site lighting for the parking lot area to provide adequate levels of safety. Site lighting may be provided via 30 -foot tall light polestfixtures. All fixtures must be shielded, high-pressure sodium or Light -Emitting Diode (LED) with a total cutoff angle equal to or less than 90 degrees. Wall -mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees and shall not be directed skyward. Retail Building Planning Case 12-03 February 7, 2012 Page 7 of 13 To minimize off-site impact, light levels shall not exceed one-half foot candle at the property line. It appears that the proposed wall -mounted and parking lot lighting (25 -foot tall poles with 3 -foot tall piers) complies with city code. Signage The applicant is proposing wall signage on the south and east elevations of the building. There is a sign band above the awnings in the center of the building. Wall signs are permitted on elevations with street frontage, as well as above the main entrance into the building. The proposed wall signage appears to comply with city code. The proposed plan indicates a 30 -foot tall pylon sign along West 78th Street. A pylon sign is permitted on parcels with frontage directly on a state highway. West 780, Street separates the subject site from Highway 5. Therefore, the site is permitted a ground low -profile monument sign only, pursuant to the district regulations. All signage shall comply with city code and requires a separate sign permit application. Site Furnishing The applicant is proposing landscaping continuing around the building. Being that there is a sidewalk connection from West 78th Street to the site; staff recommends the addition of a bike rack. Loading Areas, Refuse Area, etc. The public drive-thru drop-off is located on the west elevation of the building. The commercial loading zone is located on the north elevation of the building. The loading zone will be screened by landscaping. The applicant has stated that trash receptacles will be located inside and will be taken off via the loading dock. Should an exterior trash enclosure be necessary in the future, it shall be screened and shall be constructed of similar materials to the building. Lot Frontage and Parking Location Frontage The subject site fronts on West 78th Street, which acts as a frontage road to Highway 5. The minimum building setback in the BH district is 25 feet from the front property line. The proposed building is setback 82 feet from the front property line. The minimum parking setback is 25 feet, which may be reduced to 10 feet with the use of landscape screening. The edge of the Retail Building Planning Case 12-03 February 7, 2012 Page 8 of 13 proposed parking lot is set back 10 feet from the edge of the sidewalk and shall incorporate a landscape buffer consisting of a line of shrubs planted along the parking lot on the south property line. The shrubs must have a minimum height of three feet at maturity. City approval of the shrub species and planting spacing is required before installation. Parking The building is comprised of retail, office and warehouse space. The total number of parking stalls required is 84 (retail = 72, office = 6, and warehouse = 4). The applicant is proposing 101 stalls to be distributed around the south and east elevations of the building. Of the 101 stalls, 4 stalls are handicapped accessible and are located adjacent to the main entrance on the east elevation. The parking stalls meet city code requirements. ACCESS The site currently has access from West 78`s Street. No public street improvements are proposed or required with the development of this site. The developer proposes to construct two parking areas: one south of the proposed building and one east of the proposed building. Both parking lots provide two-way vehicle circulation. Access to the drive-thru donation drop-off bay will be directed toward the west, through the south parking lot; then north through the bay along the west elevation; then circulated around the north elevation of the building and directed south through the east parking lot. The commercial vehicles accessing the loading docks will be directed north, through the east parking lot, then east to the hammer head and then reverse into the loading docks. Staff requested that the applicant show future internal circulation to the properties to the east as part of the overall proposal. While this circulation was not submitted, it appears that this can be achieved via the turnaround hammer head located in the northeast comer of the parking lot. However, the applicant shall provide the future circulation information to the easterly properties prior to council approval. f o1R1 f Staff requested that the applicant show future internal circulation to the properties to the east as part of the overall proposal. While this circulation was not submitted, it appears that this can be achieved via the turnaround hammer head located in the northeast comer of the parking lot. However, the applicant shall provide the future circulation information to the easterly properties prior to council approval. Retail Building Planning Case 12-03 February 7, 2012 Page 9 of 13 LANDSCAPING Minimum requirements for landscaping include 3,432 square feet of landscaped area around the parking lot, 7 landscape islands or peninsulas, 13 trees for the parking lot, and bufferyard plantings along the property lines. The applicant's proposal compared to the requirements for landscape area and parking lot trees is shown in the following table. Applicant does not meet minimum requirements for trees and landscaping in the parking lot area. The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. Additionally, the applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest corner of the building. Bufferyard requirements: Required Proposed Vehicular use landscape area 3,432 sq. ft. >3,432 sq. ft. Trees/parking lot 13 trees 10 trees Islands or peninsulas/parking lot 7 islands/peninsulas 6 islands/peninsulas Applicant does not meet minimum requirements for trees and landscaping in the parking lot area. The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. Additionally, the applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest corner of the building. Bufferyard requirements: The applicant meets or exceeds minimum requirements for buffer plantings except along the north property line. This area is adjacent to railroad tracks which adjoin the back of neighboring apartment garages. Buffer plantings in this area appear unnecessary. Staff recommends that the buffer plantings be accepted as proposed. GRADING/DRAINAGE Wetlands There are no wetlands located on the site. Required plantings Proposed plantings Bufferyard B — north 3 Overstory trees 0 Overstory trees prop. Line, 300' 6 Understory trees 0 Understory trees 6 Shrubs 0 Shrubs Bufferyard B — south 6 Overstory trees 6 Overstory trees prop. Line, 320' 9 Understory trees 11 Understory trees 15 Shrubs 21 Shrubs Bufferyard A — east prop. 2 Overstory trees 5 Overstory trees Line, 240' 4 Understory trees 9 Understory trees 4 Shrubs 13 Shrubs Bufferyard B — west 4 Overstory trees 4 Overstory trees prop. Line, 240' 6 Understory trees 22 Understory trees 10 Shrubs 27 Shrubs The applicant meets or exceeds minimum requirements for buffer plantings except along the north property line. This area is adjacent to railroad tracks which adjoin the back of neighboring apartment garages. Buffer plantings in this area appear unnecessary. Staff recommends that the buffer plantings be accepted as proposed. GRADING/DRAINAGE Wetlands There are no wetlands located on the site. Retail Building Planning Case 12-03 February 7, 2012 Page 10 of 13 Lakes There are no lakes located on the site. Erosion and Sediment Control The applicant has not provided drainage plans or calculations a part of the development review application. As a result, staff has provided general comments based on the other plan sheets that were provided. These comments may change and additional comments may be added once the drainage plans and calculations are received. Further, no final approval may be given without the review and approval of the drainage plans and calculations. Being that an erosion control phasing Gantt chart has not been provided, one will need to be completed prior to earth -disturbing activities. Additionally, the swale along the western property boundary will need to be stabilized per Part IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet within 24 hours of connection to a surface water.) All grading shall be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed. Drainage and Treatment The proposed conditions will result in a decrease in runoff rate for the 2, 10 and 100 -year events and an increase in total phosphorus and suspended solids removal. The proposed curb cuts in the parking lot are all too narrow and should be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. Staff is recommending additional topographic information in the area between the two existing ponds in order to determine the emergency overflow (EOF) elevation of the pond to the west. The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest corner of the drop-off drive in order to properly divert the EOF water. The filtration basin will be privately owned and maintained. A maintenance agreement will be required by the City. An example maintenance agreement can be found in the City's Second Generation Surface Water Management Plan. While the infiltration basin for the roof scupper runoff provides rate control, it may potentially tax the filtration feature, which may result in future maintenance issues. The City would not be opposed to directing the roof runoff directly to the existing pond. Utilities Sewer and water services are available to the site. Retail Building Planning Case 12-03 February 7, 2012 Page 11 of 13 Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. MISCELLENOUS A demolition permit is required for the removal of any existing structures. The applicant shall provided complete construction plans prepared and signed by design professionals licensed in the State of Minnesota. The building is required to have an automatic fire extinguishing system. Detailed occupancy -related requirements will be addressed when complete building plans are submitted. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. COMPLIANCE TABLE RECOMMENDATION Staff recommends that the Planning CewAniss City Council approve the Site Plan for a 20,600 square -foot, one-story retail building, plans prepared by MFRA dated 1/4/2012, for property located at 80West 78'h Street, and adopt the findings of &et and reeonffnenda4ien, subject to the following conditions: Ordinance Requirements Proposed w/Lot Combination Lot Area 20,000 sq ft 121,493 sq ft Frontage 100' 345' Depth 150' AVG. 360' Lot Coverage 65% 60% Building Height Principal two-story one-story Accessory one-story NA Building Setbacks Front yard 25' Approx. 82' Rear yard 20' Approx. 36' Side yard 10' Approx.42' (west property line) Parking Requirements Stalls 1:200 (Retail)= 72 1:200 (Office)= 6 1:1,000 (Warehouse)= 4 Total = 82 101 Front yard 10' w/ screening, 25' without 10' w/screening Side yard 1 10' 1 16.7' (east property line) RECOMMENDATION Staff recommends that the Planning CewAniss City Council approve the Site Plan for a 20,600 square -foot, one-story retail building, plans prepared by MFRA dated 1/4/2012, for property located at 80West 78'h Street, and adopt the findings of &et and reeonffnenda4ien, subject to the following conditions: Retail Building Planning Case 12-03 February 7, 2012 Page 12 of 13 1. Building Official a. A demolition permit is required for the removal of any existing structures. b. Complete construction plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. The building is required to have an automatic fire extinguishing system. d. Detailed occupancy -related requirements will be addressed when complete building plans are submitted. e. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 2. Forester a. The line of shrubs along the parking lot on the south property line shall be extended to provide a buffer for the length of the parking area. The plantings can be incorporated into the rain garden. b. The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. c. The applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest comer of the building. 3. Water Resources a. No final approval of the proposal may be given without the review and approval of the drainage plans and calculations. b. The curb cuts must be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. c. Additional topographic information is required in the area between the two existing ponds in order to determine the emergency overflow (EOF) elevation of the pond to the west. d. The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest corner of the drop-off drive in order to properly divert the EOF water. e. Correct the elevations on the filtration basin cross section on page C4.01. f. The filtration basin will be privately owned and maintained. A maintenance agreement will be required by the City. 4. Engineering a. Erosion control phasing Gantt chart will need to be completed prior to earth - disturbing activities. b. The swale along the western property boundary will need to be stabilized per Part IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet with 24 hours of connection to a surface water.) Retail Building Planning Case 12-03 February 7, 2012 Page 13 of 13 c. Grading should be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed. 5. Planning a. The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. b. The applicant shall provide future circulation information to the easterly properties prior to council approval. When the parcel to the east redevelops, then the vehicular accesses shall be constructed. c. The articulation of the building shall be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. d. The elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. e. The fenestration and architectural detailing on the west elevation shall be increased. f. The architectural detailing and columns shall be continued along the north elevation. g. Should an exterior trash enclosure be necessary in the future, it shall be screened and constructed with similar materials to the building. h. All signage shall comply with City Code and requires a separate sign permit application. i. The applicant shall provide a bike rack." ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy Existing Conditions dated 1/4/2012. 4. Reduced Copy Demolition Plan dated 1/4/2012. 5. Reduced Copy Site Plan dated 1/4/2012. 6. Reduced Copy Truck Movement Plan dated 1/4/2012. 7. Reduced Copy Grading Plan dated 1/4/2012. 8. Reduced Copy Erosion Control Plan dated 1/4/2012. 9. Reduced Copy Erosion Control Phase 2 Plan dated 1/4/2012. 10. Reduced Copy Erosion Control Notes and Details Plan dated 1/4/2012. 11. Reduced Copy Utility Plan dated 1/4/2012. 12. Reduced Copy Site Lighting Plan dated 1/4/2012. 13. Reduced Copy Landscape Plan & Details dated 1/4/2012. 14. Reduced Copy Floor Plan dated 1/4/2012. 15. Reduced Copies Building Elevations (colored) dated 1/4/2012. 16. Public Hearing Notice and Mailing List. 17. Email from Ben Merriman dated 1/23/12. GAPLAN\2012 Planing Cases\2012-03 80 West 78th Street\stalr reporl.dm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION 110093IA Application of Center Companies, LLC and Clifford Whitehill for Site Plan Review for a 20,600 square -foot, one-story, retail building in the Highway and Business Services District (BH). On February 7, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Center Companies, LLC and Clifford Whitehill for Site Plan Review for a 20,600 square -foot, one-story retail building for property located at 80 West 78h Street. The Planning Commission conducted a public hearing on the site plan which was 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 Highway and Business Services District (BH). 2. The property is guided by the Land Use Plan for Commercial use. The legal description of the property is: Existing Registered Land Survey 59, Tracts A and B. 4. Site Plan Findings: a. The proposed development is consistent 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; Finding: The redevelopment of the site is consistent with the City's development guides and comprehensive plan for commercial use in this location. The site is currently accessed via West 78"' Street and will utilize the existing curb cut into the site. b. The proposed development is consistent with the site plan review requirements; Finding: The site complies with the site plan review requirements subject to meeting the conditions of approval. c. The proposed development preserves 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 or developing areas; Finding: The site currently contains a building and parking lot, both of which will be removed and the site re -graded, similar to the existing topographic conditions. The redevelopment will provide additional landscaping and buffer yards. There is an existing pond located on the northeast portion of the site that will treat a portion of the runoff from the site, and then drain into a wetland located on the adjacent property. This wetland will not be impacted as a result of this project. The proposed building and site improvements will be consistent with the surrounding properties. d. The proposed development creates 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; Finding: The development will be harmonious with the existing buildings and features. The development will be architecturally compatible with the surrounding property that was previously redeveloped in 2010. The applicant will demonstrate the interior circulation of the subject site in relation to the properties to the east. e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1) 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; Finding: The main entrance into the building is located on the east elevation, adjacent to the main parking area. The architectural detailing and fenestration is mimicked on the south elevation. The employee and services entrances are located on the west and north elevations. The parking is dispersed around the south and east sides of the building. 2) The amount and location of open space and landscaping; Finding: The site will be landscaped, including the landscaping islands in the parking lot and exceed the minimum required in the district regulations. There is also a pond located in the northeast portion of the site that will remain and act as a buffer to the property to the north. 3) 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 Finding: This is the second parcel to redevelop in this area. The architecture and materials of the proposed building is compatible with the design standards of the property to the east that was redeveloped in 2010. 4) 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. Finding: The site includes sidewalks which connect with the existing public sidewalk along West 78`h Street. The proposed development will utilize the existing curb cut on West 78th Street. The applicant has demonstrated that the interior circulation is adequate for both passenger and commercial vehicles. The parking is distributed around the building and complies with the size and number of required parking stalls required by City Code. The developer will show future internal circulation on the property to the east which will connect when it is redeveloped. 5) Protects 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. Finding: Sanitary sewer and water service are installed on the site and are consistent with all design standards. The applicant has adequately addressed the drainage and runoff from the site to existing storm water ponds and drainage systems. The redevelopment of the site will have a positive impact and is complimentary to the neighboring properties and uses. 5. The planning report, Planning Case #12-03 dated February 7, 2012, prepared by Angie Kairies, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve Planning Case #12-03 for Site Plan approval for an 20,600 square -foot, one-story retail building located at 80 West 788' Street. ADOPTED by the Chanhassen Planning Commission this 7th day of February, 2012. CHANHASSEN PLANNING COMMISSION & Its Chairman PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No.�Utr7 C CITY OF CHANHASSEN RECEIVED JAN 0 6 2012 CHANHASSEN PLANNING DEPT Applicant Name and Address: Property Owner Name and Address: 910,.5 coukA-- QAIv I 5 3�1 0 We'AA e�\jc_ * dol C�V\Q v^ InassLv� M IV 5 5 2 l Vtyrc. F L. 3;C9 G71- Contact: Rc.y1 �.rr:vv�ci,ul Contact: Gl: 4`ov,d.l.. W4\,kr�\A1 Phone: y }y 5 s3 fr Fax: V' A Z; Phone: 43A 5fo4 0030 Fax: sow. Email: Email: vjA NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review X Site Plan Review (SPR)* y5W + 0"106 Subdivision* 4+�' �" W-- IS(D Temporary Sales Permit Vacation of Rig ht-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign$200 (City to install and remove) X Escrow forFilin Fees/Attorney Cost** $50 UP;_5RVACNAR/WAP/Metes & Bounds 50 Minor SUB TOTAL FEE $ I 1 1 OD. PCI C4=11 47S 1 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. *Five (5) full-size folded copies of the plans must be submitted, including an 81/3" X 11" reduced copy for each plan sheet along with a digital 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. PROJECT NAME: So W «-� -:k $}�, LOCATION: LEGAL DESCRIPTION AND PID: SG�%on I:. \owv�S�.tpll� EZ�huaO73 (ZlS59Trce�g _ �sresrpooao �} a568�o010 TOTAL ACREAGE: WETLANDS PRESENT: X YES NO PRESENT ZONING: N' ck�\W .V ckv\ \�JS� r�cSS SCy Vic rS Q� Y �� REQUESTEDZONING: No C-V`C^v"-,z— PRESENT LAND USE DESIGNATION: C omyn cY c i CA REQUESTED LAND USE DESIGNATION: No C-ko�q c_ REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: 3O 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 fling 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. plicant Date re of Fee Owner giplan\formsldevelopment review application.doc Date fIHI-16-1?M -,4:28 P. P-2 PROJECT NAME' SP Wa'6'\ LOCATION: %Q �scic LEGAL DESCRIPTION AND 12101 '1rg � Q-: Rona t OAS 90\499 T"k-k B TOTALACREAOE. WETLANDS PRESENT: X YES NO PRESENTZOMNG: k;j wsw 4vK� gu�.�r►�s Seruc�rT. �• ri`} REOUESTEDzmiNO: UmPRESENT LAND USE DESIGMAnCM REQUESTED LAND USE DESIGNATION: {O GV -m'% L REASON FOR REQUEST- '044W C.a M2&C W f.� nn FOR SME PLAN REVIEW Indude number of cmterg emabyasa: and now Wttpbyass: 30 Pam rpPk*Wn MM be Co.piaMd In tug and be lypewrttfon or do" pnaW and rr%M be aoo0nrpanmd by W Ylfdrr*m and plus rngJM by appkzbje Ctty Ordharxa provlebna. 90016 grg SMe appllbabon. you should confer wtth Vv Ptsrurktg Depsf9nsnt to *M. na vw spathic omWmn os and Proosdural b your appfioMn. A dstvw#r*W of oOnipleW=m of the 60060OWn atm Ce maw wt in 15 businew days or OPPIka6on subm4W A wrmcn nodes of SM%Sdon dsAWloss shay bs mailed W ow WkcaM wkhN 16 businses days Of 901eati00. This is 1p ODrtfy 1/1N I am rflsklnp apyf Oa9on AX Urs dannbed action by Ula City and that I sm raapenorbla far omrotpng wllh b CW mquisnenbwe rapard to eft request This opp6ation should bs 0ru0assad In my larva and I am the party whom the C-4 shwld ooMad rapatding any obw psrtarhwV to tha appbmbo^. I have atOseAed a copy d proof of ownenfrip (OW 00" of Owner's D pkeu Cermleft of 7744 AbMM of TMe or pvmhaas 1391aen0 Q. Of I am "sutttmiad parson to maks this appBiomOn and the %* Owner has Neo atg"Vda appleamn- wdl keep Woolf Itrfbrtired Of the dsed@rlsa for subntaaslon of mvbgfW WOO the Pmgr s Of 11119 appswtron. 1 NMW understand Van addllonal two may be chWVad for conauming Is", Mases studw7a. dc. with an aWmate prior 10 any au"WdmVon b prooeod with the alloy The doeumenb and k0orma*on I have subndded ore true and 004—t 10 IM boot Of my know Slgnsfum of Applic m Date 5VWtu6 of Fee Owner ci, P, n e G✓ A-; t « Dana z e`a'4vPh=dW 4W FaFendler Patterson CONSTRUCTION Project Narrative 80 West 78th Street 2.79 Acre Site Chanhassen, Minnesota CITY OF CHANHASSEN RECEIVED JAN 0 6 2012 CHANHASSEN PLANNING DEPT Request for: Site Plan Review Approval, Preliminary and Final Plat and a Minor Subdivision, January 5th, 2012 Introduction On behalf of the tenant, the developer is requesting Preliminary Site Plan Review approval along with Preliminary and Final Plat and a minor subdivision for the proposed project. The tenant has several locations around the Twin Cities such as, Woodbury, Maple Grove, Oak Park Heights and Eagan to name a few. Goodwill / Easter Seals Minnesota have been a strong contributor to the development of Minnesota's workforce for more than 90 years. Goodwill / Easter Seals assist people with barriers to education, employment and independence in achieving their goals. Our comprehensive workforce development model helps clients: -Prepare for work -Maintain employment -Train for Employment -Advance in careers -Obtain Jobs -Connect to other community resources Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 1 of 4 4839 West 124' Street Savage, MN 55378 • Lie. #2D01 1239 • Tel. 952-890-4364 Fax 952-890-2916 w w w. f e n d I e r p a t t e r s o n. c o m PattersonFFendier as CONSTRUCTION From 25 locations, Goodwill / Easter Seals 781 employees provide statewide services to Minnesotans with disabilities and disadvantages. We provide paid work experience in our retail stores and corporate headquarters. In addition to our career workforce development model, we offer English Language Learning, mathematics, parenting and life skills classes. We also host discussion groups devoted to the specific needs of the individuals we serve. Goodwill / Easter Seals industry skills training programs, developed in partnership with Minnesota businesses, provide curriculum -based, hands-on training. Current programs serve the automotive, banking / finance, call center, construction and retail industries. Participants acquire soft and technical skills to get jobs and advance in their careers. Goodwill / Easter Seals long-term follow-up and support services help both participants and employers. Our community resources staff provides housing resources, retail vouchers for clothing, medical equipment loans and one-on-one assistance. In 2008, Goodwill / Easter Seals served 22,165 individuals, provided 35,891 services, made 880 job placements with 113 individuals advancing in their careers and generated over 17 million in taxable income by participants who gained employment. Use The tenant will utilize the facility for retailing purposes with the hours of operation being Monday -Friday from 7:30 a.m. to 10:00 p.m. Saturday from 8:30 a.m. to 7:00 p.m. and Sunday from 10:00 am. to 7:00 p.m. These are standard hours of operation and do not take into account various holiday hours which most retailers adjust slightly to better serve the community. The proposed tenant would employ up to 30 employees along with 8-12 participants which are engaging in career training programs. In addition this use works in conjunction with the retailers that exist in the area. Each user will compliment each others product thus assisting in the success of each others interest. Site The proposed project consists of constructing a 20,600 sf retail facility on approximately 2.79 ac site that is being platted into one lot from the current two story office building. The site will have parking in the front and to the south of the store, with a drop off area located along the west side of the building. A loading dock is located in the rear (north) of the building. Parking requirements for this facility are being met by providing 100 parking stalls in the front, rear and to the south of the store. The 100 stalls exceed the minimum city requirement of 82 stalls as defined in section 20-1124 of the Chanhassen City code. The property is zoned BH Highway and Business service district. The propeq is bordered by a rail road to the north, a Stormwater pond to the west, State Highway 5 and 78 ST to the south, and commercial to the east. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 2 of 4 4839 West 120 Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-890-4364 Fax 952-890-2916 w w w. f e n d l e r p a t t e r s o n. c o m Fendler Patterson m CONSTRUCTION A 6 inch water service and sewer service will be constructed into the sw corner of the building. A new water service will be tapped from the existing 8 inch watermain located in the boulevard of 78h Street; the existing sewer stub will be utilized with the addition of two manholes to bring the service into the correct location. Stormwater and drainage will follow the existing drainage patterns from the site, but will provide rate control and treatment of the Stormwater runoff. The existing site drains to the north, southwest and southeast comers of the site. The proposed project will install a storm scepter in the southeast comer of the site to provide solids removal prior to discharging off site, and a couple of filtration basins will be installed along the north and south west corner of the site. This area will improve water quality and rate control to the existing wetland and to the discharge off site to the south. It was the intent to follow the City Engineers advice and route the Stormwater to the existing pond to the west, but when the information on the pond to the west was evaluated it was discovered the 100 yr. high water level was over 3.0 feet above the site of the proposed development. Landsca0ine The landscaping plan has been developed to be in accordance with Section 20-1176 and subsequent sections. We have provided a five foot high buffer screen along the 78h street side of the parking lot to accommodate a 10 ft. parking setback in accordance with City Code Section 20- 715 subsection 6 e. Buffer requirements B and A are met along 78'h St and the property to the east respectively. Buffer requirement C is proposed along the West property line. The wetland to the north provides the buffer along this property edge. The following Planting schedule is proposed to meet the minimum buffer requirements. Side Length Canopy Under Story Shrubs South 345 7 14 21 West 295 9 18 27 East 427 5 9 13 Additional plantings have been added as shown on the plans to meet the screening requirements along 78'h street. Parking lot calculations show we have 1.17 ac of parking lot, based on section 20-1181 of the city code we need a landscape area for each 6,000 sf of parking area. This means we need 8.5 landscaped area with one tree for every 250 sf of landscaped area in the parking lot. This requires 7 parking lot trees to be added to the planting list. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 3 of 4 4839 West 124'" Street Savage, MN 55378 . Lic. #20011239 • Tel. 952-890-4364 Fax 952-890-2916 w w w. f e n d I e r p a t t e r s o n. c 0 m FaFendler Patterson CONSTRUCTION Li htin Site lighting is in accordance with section 20-1123 of the City Code. Lighting levels along the property lines do not exceed 0.5 ft candles in accordance with the code. Architecture The proposed design for the Goodwill Store incorporates architectural elements and finishes from the typical prototype building. The new buildings exterior is proposed to be a combination of a face brick, EIFS (Exterior Insulation Finish System), and colored single score CMU fields and accent elements. Columns with decorative EIFS cornices are used to define the main entry to the facility along with a false entry facing South. All HVAC units on the facility are proposed to be screened from the structures parapets. They are designed high enough to screen all equipment. Sianaae Under the current terms of the proposed lease, signage is the responsibility of the Tenant. With that said, typically the Tenant will locate signage over the front entry to the facility and on any face of the building facing major roadways. In addition, various directional signage is located around the development as found on most retail projects. The Tenant is aware that a separate signage permit must be applied for and they are prepared to do so per the requirements of the City of Chanhassen. Closure The applicant respectfully requests the City of Chanhassen support the request for Preliminary Site Plan Review, Preliminary and Final Plat and a minor subdivision for the proposed Goodwill Project. We look forward to joining your community and assisting residents with our mission. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 4 of 4 4839 West 1246 Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-8904364 Fax 952-890-2916 w w w. f e n d I e r p a t t e r s o n. c 0 m e CONwITitNTOQNIRCT nst 4FXfM�T � [ �W�M�FIP uu.xn11nx31Mi�� In FU M47"532 �Xdf< o txFixHtnua xc vuw care uo aww3mo-.41.N1 Site Development Plans for 80 W. 78th STREET Chanhassen, Minnesota Presented by: Fendler Patterson Construction VICINITY MAP NO HALE — BmO1MMN3 hWwrv� on.e ,nn3xyXrvs...n axx N.....+.nvxn srua a�nNmrrun.xWv.rtxs.mw Na.uex�.nienwin Jb nfra Client Ir Project 80 W. 78TH STREET Location CHANHASSEN, MINNESOTA Certification Summary Revision History Sheet Title TITLE SHEET Sheet No. Revision C1.01 Project No. FEN19169 \§ ��»m ]§ 7 | �� !� § m$ [ - g 4 sw ��| !- I : \ ■!.! - \L }j/ j\& A] Kd �v \§ y�l� n m /• }} Y' rTd S O W `�1l�id 2 vwir BSi i �z Z w • ; z lili i'_ o o f o= c C U E€z ata N() N U o L U 6 W VI U L l�i:.. 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P df .5 df i! s.d evd gf i11 ! t i � 1 \ r HYId HOOV JMMIMfl3tld W �1 :r4 r:,r �uieie°xieiui'si:�o'ee 2 a .e 133HIS H1BL 153M 09 a ax O • SNO11YA313 NOIN31X3 ANYNIYUI3Ld -- - - xn......... F W d u MUS HAL 153M 08 ` ° y` « 2©: \ § } � } � 6 _ (,|d! - _ 2�,lr3 : !! ! K§ ;! uk� 7/ LL : :k\/� : :: in )§ kk fft;t;)\ ) . . ± " \\ LU LUoc ^ \ \\ t • LL oc ■ § ■ � I -t aOR � sJ Y an ? iwe .a ,.:.. /- `� r�31'f°'G'i ; f� �Iq er• u«'L^.a ui 'MiAJ -- -- ; Chanhassen, Minnesota CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on January 26, 2012, 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 80 West 78`h Street Site Plan Review — Planning Case 2012-03 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 swom to before me this,-, of r , 2012. Not Publ'c K n J. Enge i dt, Dep Clerk KIM T. mr-v". NOiBfy P-- V -Dl �J10.�..Mpi Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 7, 2012 at 7:00 p.m. This hearing may not start ' until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Site Plan Review for a 20,600 square -foot Proposal: Commercial Building on property zoned Highway and Business Services District BH Applicant: Center Companies, LLC Property 80 West 78"' Street Location: A location map is on the reverse side of this notice. 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: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 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 project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/12-03.html. If you wish to talk to someone about this project, please contact Bob Questions & Generous by email at boenerous(Mci,chanhassen.mmus or by Questions & phone at 952-227-1131. If you choose to submit written Comments: 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 Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feel of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information 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 recommendation. 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 City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings 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 applications due to their complexity may lake 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 spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their 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 taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 7, 2012 at 7:00 p.m. This hearing may not start ' until later in the evening, depending on the order of thea ends. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Site Plan Review for a 20,600 square -foot Proposal: Commercial Building on property zoned Highway and Business Services District BH Applicant: Center Com anies, LLC Property 80 West 78 Street Location: A location map Is on the reverse side of this notice. 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: What Happens W Wthe 1. Staff will give an overview of the proposed project. Meeting: 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 project. If you want to see the plans before the meeting, please visit the City's projects web page at: www ci chanhassen.mn.us/serv/olan/12-03.html. If you wish to talk to someone about this project, please contact Bob Generous by email at bcenerous(cDci.chanhassen.mn.us or by Questions & phone at 952-227-1131. If you choose to submit written Comments: 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 Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feel of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information 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 recommendation. 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 City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant 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 spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their 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 taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. ABRA CHANHASSEN REAL ESTATE CLIFFORD L WHITEHILL CLS PROPERTIES II LLC CO 5320 W HARBOR VILLAGE DR APT 2 4711 SHADY OAK RD EDINA MN 55443939-1049 6322 TIMBER VERO BEACH FL 32967-7416 HOPKINS MN 55343-8840 CRB FAMILY LP 18930 78TH ST W CHANHASSEN MN 55317-9347 DYS PROPERTIES 4711 SHADY OAK RD HOPKINS MN 55343-8840 MCDONALD'S CORP (22-157) 15455 110TH ST NYA MN 55397-9453 PEGGY M KRONICK 8575 TELLERS RD CHASKA MN 55318-9265 JBJ WINE HOLDINGS LLP 19900 WEST 78TH STREET CHANHASSEN MN 55317 DANIELLE WATERHOUSE 7719 S SHORE DR CHANHASSEN MN 55317-9327 I C JOHN LLC 301 OAK GROVE ST UNIT 411 MINNEAPOLIS MN 55403-4015 MJR MANAGEMENT LLC 18001 STATE HIGHWAY 7 MINNETONKA MN 55345-4150 SOUTH LOTUS VILLAS TOWNHOMES 7737 SOUTH SHORE DR CHANHASSEN MN 55317-9327 TWIN CITIES & WESTERN RAILROAD 723 11TH ST EAST GLENCOE MN 55336 DORN BUILDERS INC 2303 WATERS DR MENDOTA HEIGHTS MN 55120-1163 KAHNKE BROS INC PO BOX 7 VICTORIA MN 55386-0007 PAULETTE M LAMERE 7779 SOUTH SHORE DR CHANHASSEN MN 55317-9237 TARA L SJULSTAD 7761 SOUTH SHORE DR CHANHASSEN MN 55317-9327 VLADIMIR Z GALEYEV 19153 TWILIGHT TRAIL EDEN PRAIRIE MN 55346 ROSIE SHMYEL CSM CORP BEN MERRIMAN 19157 TWILIGHT TRAIL 500 WASHINGTON AVE SO #3000 CENTER COMPANIES LLC EDEN PRAIRIE MN 55346 MINNEAPOLIS MN 55415 PO BOX 687 CHANHASSEN MN 55317 From: Ben Merriman [mailto:bmerriman(aIcentercompanies.com] Sent: Monday, January 23, 2012 10:36 AM To: Kairies, Angie Cc: Generous, Bob Subject: RE: 80 W 78th St Hi Angie: The garbage is taken off, or from the dock and the trash containers are kept inside the building, which qualifies under your code. Let me know if you have further questions. Ben Ben B Merriman Center Companies, LLC 2025 Coulter Blvd. Suite 215 Chanhassen, MN 55317 952-474-4828 Direct 952-474-4826 Fax 612-720-9213 Cell bmerriman@centercompanies.com C'EYMR .'msnrrtl }ni C*.r. From: Kairies, Angie Imailto:akairies(ccDci.chanhassen.mn.usl Sent: Monday, January 23, 2012 10:17 AM To: Ben Merriman Cc: Generous, Bob Subject: RE: 80 W 78th St Good morning, Ben. Thank you for passing on John's response. While Goodwill may not specifically require trash enclosures, City Code requires that any commercial establishment provide garbage disposal. Sec. 16-2. - Disposal generally. (a) All persons shall dispose of refuse and garbage as provided in this chapter. Refuse and garbage shall be disposed of at least once each week from residential and multifamily dwellings. Refuse and garbage of any commercial establishment shall be disposed of at least once each week, and at more frequent intervals if deemed necessary to protect the public health, and on order of the city. Refuse or garbage shall not be permitted to accumulate on any property within the city so as to constitute a nuisance by reason of appearance, odor, sanitation, or so as to create a fire or health hazard. Therefore, the trash must be addressed as part of this site plan for the retail building. This will ensure that there is adequate trash disposal for any future tenant that may occupy the building. Sincerely, Angie Angie Kairies Planner I City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 Direct dial: 952-227-1132 Fax: 952-227-1110 email: akairies@ci.chanhassen.mn.us Website: www.d.chanhassen.mn.us • _��• abcdefghijklmnopgrstuvwxyz Robert Generous Senior Planner Emailbgeoerow@urckiapfhqjoen. Phone .952-22rus 7p -m1131 (Published in the Clianhassen Laurie A. Hartmann Villager on Thursday, July 5,2012; No. 4657) Subscribed and sworn before me on this _day of 2012 JYMME JEANNE n'E EAFK b NOTrr0YPt:E(jC-NIiNNESOTA j�•ifay MYcoly:ibSIONFJJ'IRESCL'3ii1�,'t RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above mater...............................................$12.59 per column inch SCANNED Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN CARER & HENNEPIN State of Minnesota COUNTIES NOTICE OF PUBLIC HEARING )SS. ANNING PLSE NO. 2012-03 ISAHEREBY GIVEN County of Carver ) that the Chanhassen Planning Com- mission will hold a public hearing on Tuesday, July 17, 2012, at 7:00 P.M. in the Council Chambers in Chan. hassen City Ball, 7700 Market Blvd. Laurie A. Hartmann, beim duly swom, on oath says that she is the publisher or the authorized g Y Y The purpose of this hearing is to agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- consider a request for a parking lager and has full knowledge of the facts herein stated as follows: lot setback variance on property zoned Highway and Business Ser- (A) These newspapers have complied with the requirements constituting qualification as a legal vices District (BH) and located at oo West 76th Street. Applicaut Center newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended Companies, LLC. A plan showing the location of the proposal is available for public (B) The printed public notice that is attached to this Affidavit and identified as No. review the City's web site at was published on the date or dates and in the newspaper stated in the attached Notice and said www ci.ch anhassen.mn.us/2012-03 Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of or at City Hall during regular busi- the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both ness hours. All interested persons inclusive, and is hereby acknowledged as being the kind and size of type used in the composition are invited to attend this public and publication of the Notice: • _��• abcdefghijklmnopgrstuvwxyz Robert Generous Senior Planner Emailbgeoerow@urckiapfhqjoen. Phone .952-22rus 7p -m1131 (Published in the Clianhassen Laurie A. Hartmann Villager on Thursday, July 5,2012; No. 4657) Subscribed and sworn before me on this _day of 2012 JYMME JEANNE n'E EAFK b NOTrr0YPt:E(jC-NIiNNESOTA j�•ifay MYcoly:ibSIONFJJ'IRESCL'3ii1�,'t RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above mater...............................................$12.59 per column inch SCANNED Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN CARVER & HENNEPIN State of Minnesota) COUNTIES NOTICE OF PUBLIC HEARING )SS. PLANNING CASE NO. 2012-03 NOTICE IS HEREBY GIVEN County of Carver ) that the Chanhassen Planning Com- mission will hold a public hearing on Tuesday; July 17, 2012, at 7:00 pm. h the Council Chambers to Chan.Laurie Hall, 7700 Market Blvd. . A- Hartmann, being duly sworn, on oath says that she is the publisher or the authorized TheCity The purpose of this hearingagent rs t of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- consider a request for a parkingg lager and has full knowledge of the facts herein stated as follows: lot setback variance on property zoned Highway and Business Ser- (A) These newspapers have complied with the requirements constituting qualification as a legal vices District (BI) and located at 80 newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as West 78th Street Applicant: Center amended. Companies, LLC. A plan showing the location of the proposal is available for (B) The printed public notice that is attached to this Affidavit and identified as No.� public review the City's web site at was published on the date or dates and in the newspaper stated in the attached Notice and said ch u -03 www city Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of or at City Hall during regular Hall during re lar b the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both ness hours. All interested persons sons inclusive, and is hereby acknowledged as being the kind and size of type used in the composition are invited to attend this public and publication of the Notice: hearing and express their opinions with respect to this proposal. abcdefghijkhnnopgrstuvwxyz Robert Generous, Senior Planner Email: bgellel'ousQc}Fl�aJft!?n. Phone: 952-7-1131 Y: (Published in the Chanhassen Villager on Thursday, July 5, 2012; Laurie A. Hartmann No. 9657) Subscribed and sworn before me on 2012 g . JYMME JEANNME BARK NOTARY PUBLIC - MINNESOTA p MY COMMISSION EXPIRES 01131113 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space..-- $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCAN14ED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 7, 2012 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Site Plan Review for a 20,600 square -foot Proposal: Commercial Building on property zoned Highway and Business Services District BH Applicant: Center Companies, LLC Property 80 West 7e Street Location: A location map is on the reverse side of this notice. 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 Chat will lead the What Happens public hearing through the following steps: at the Meeting: 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 project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/12-03.htmI. If you wish to talk to someone about this project, please contact Bob Questions & Generous by email at boeneroustcDci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If 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 Rem will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Remnings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the i Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information 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 recommendation. 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 City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/mdustnal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant 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 spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their 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 taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. SCANNED This map is neither a legally recorded map nor a survey and is not intended to be useu 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 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §488.03, 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, indemnity, 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 users access or use of data provided. _ _ _ 7D¢ Q 7 049J82036654 $ 00.450 'm edFrom2U12 CITY OF Mailed From 55317 US POSTAGE CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 NIXIE .553 DE 1 00 01/27/12 RETURN TO SENDER NO SUCH STREET UNABLE TO F-ORWARD DC: SS017014747 *0279-01741-26-43 Zc-vv"a-LcQ I hb/f -;-- [�( TWIN CITIES & WESTERN RAILROAD \` �Y9—t1�41 ST EAST N` 5 GLENCOE MN 55336 agas I!1!tu�rtur��url�rrttrrnt!lutrlut!tllunrlr�ull!lurl 1a- -63 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 7, 2012 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Site Plan Review for a 20,600 square -foot Proposal: Commercial Building on property zoned Highway and Business Services District BH Applicant: Center Companies, LLC Property 80 West 78"' Street Location: A location map is on the reverse side of this notice. 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, thq Chair will lead the What Happens public hearing through the following steal 1. Staff will give an overview of the proposed project. at the Meeting: 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 project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/12-03.htmI. If you wish to talk to someone about this project, please contact Bob Questions & Generous by email at bgenerous(cDci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If 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 Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information 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 recommendation. 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 City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonmgs and land use amendments from residential to wrnmerciaUndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant 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 spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested pemon(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. SCANNED CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 049J82036654 $ 00.450 v 01/26/2012 r Mailed From 55317 US POSTAGE NIXIE .553 DE 1 00 01/27112 RETURN TO SENDER ^ NO MAIL. RECEPTACLE �(� �(-�X 1 UNADLE TO PORWARD ©C: .$5317014747 x'0270-01730-26-43 III III III),JI itillL1ll111111111LL1ilrttl,ItrlLrrLlLtl Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which 3[iSe oy�9j yse�, suse of data provided. _ _ : !$•`-o-.L_'R? 'V'e-mc-�1eA 1 /3o/Ir;- JBJ WINE HOLDINGS LLP 19900 WEST 78TH STREET CHANHASSEN MN 55317 PC) fox 31`7 it i iM it i l l i ll l I I I I H 1 r ill I I I I I I I I I I I I J) l I r r it I r I I 11111 ii i II MMR is -a --�) Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 7, 2012 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order ofthe agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Site Plan Review for a 20,600 square -foot Proposal: Commercial Building on property zoned Highway and Business Services District BH Applicant: Center Companies, LLC Property 80 West 78t' Street Location: A location map is on the reverse side of this notice. 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 What Happens public hearing through the following steps: at the Meeting: 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 project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/12-03.htmI. If you wish to talk to someone about this project, please contact Bob Questions & Generous by email at bgenerousaci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If 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 Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information 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 recommendation. 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 City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommentlation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaPmdustdal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant 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 spokespersoNrepresentative is encouraged to provide a contact for the city. Often developers am encoumged to meet with the neighborhood regarding their 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 taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be induced in the report, please contact the Planning Staff person named on the notification. SCANNED * I CITY OF I CHANHASSEN 7700 Market Boulevard P.O. Box 147 N Ix IE SS3 DE 1 049J82036654 $ 00.450 `m UU30/2012 Mailed From 55317 US POSTAGE 00 02/02/12 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 55317014747 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, stale 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 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, 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, indemnity, 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. s_: _j ;; thisj&!�day of `2012 Nolic If JYMMEJEANNEM BARK NOTARY muc - MINNESOTA MY COMMISSION EXPIRES 01/31113 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ........................... $12.59 per column inch SCANNED Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN CARVER& HENTNEPIN State of Minnesota) COUNTIES NOTICE OF PUBLIC HEARING )SS. PLANNING CASE NO. 2012-03 NOTICE IS HEREBY GIVEN II COUof Carver � ) that the Chanhassen Planning Com- mission will hold a public hearing on Tuesday. February 7, 2012, at 7:00 P.M. in the Council Chambers in Chanhassen City Hall, 7700 Market Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized Blvd. The purpose of this hearing agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- g P Pape is to consider a request for Site Plan lager and has full knowledge of the facts herein stated as follows: Review fora 20,800 square -foot Com- mercial Building on property zoned Highway and Business Services (A) These newspapers have complied with the requirements constituting qualification as a legal District BH) and located 80 West newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as at 78th Street. Applicant: Center Companies, LLC. amended. yr9 the location of (B) The printed public notice that is attached to this Affidavit and identified as No. // theProposalwshowing is for public was published on the date or dates and in the newspaper stated in the attached Notice and said review on he City's web site at Notice is herebyincorporated as art of this Affidavit. Said notice was cut from the columns of P www.ci.chanhassen.mn.us/serv/ the news a r s cified. Printed below is a co of the lower case alphabet from A to Z, both newspaper specified. copy P plan/12-03.html or at City Hall during regular business hours. All inclusive, and is hereby acknowledged as being the kind and size of type used in the composition interested persons are invited to at. and publication of the Notice: tend this public hearing and express their opinions with respect to this abcdefghijkimnopgrstuvwryz Proposal. p Robert Generous,�f /� Senior Planner Email: bgenemus@ci.chanhnm.us y. wVvy`-v G m1131 Laurie A. Hartmann Phone: 95&227-1131 (Published in the Chanhassen Villager on Thursday, January 26, 2012: No 4591) Subscribed and sworn before me on thisj&!�day of `2012 Nolic If JYMMEJEANNEM BARK NOTARY muc - MINNESOTA MY COMMISSION EXPIRES 01/31113 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ........................... $12.59 per column inch SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Center Companies, LLC and Clifford Whitehill for Site Plan Review for a 20,600 square -foot, one-story, retail building in the Highway and Business Services District (BH). On February 7, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Center Companies, LLC and Clifford Whitehill for Site Plan Review for a 20,600 square -foot, one-story retail building for property located at 80 West 78'" Street. The Planning Commission conducted a public hearing on the site plan which was 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 Highway and Business Services District (BH). 2. The property is guided by the Land Use Plan for Commercial use. 3. The legal description of the property is: Existing Registered Land Survey 59, Tracts A and B. 4. Site Plan Findings: a. The proposed development is consistent 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; Finding: The redevelopment of the site is consistent with the City's development guides and comprehensive plan for commercial use in this location. The site is currently accessed via West 78th Street and will utilize the existing curb cut into the site. b. The proposed development is consistent with the site plan review requirements; Finding: The site complies with the site plan review requirements subject to meeting the conditions of approval. c. The proposed development preserves 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 or developing areas; Finding: The site currently contains a building and parking lot, both of which will be removed and the site re -graded, similar to the existing topographic conditions. The SCANNED a, redevelopment will provide additional landscaping and buffer yards. There is an existing pond located on the northeast portion of the site that will treat a portion of the runoff from the site, and then drain into a wetland located on the adjacent property. This wetland will not be impacted as a result of this project. The proposed building and site improvements will be consistent with the surrounding properties. d. The proposed development creates 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; Finding: The development will be harmonious with the existing buildings and features. The development will be architecturally compatible with the surrounding property that was previously redeveloped in 2010. The applicant will demonstrate the interior circulation of the subject site in relation to the properties to the east. e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1) 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; Finding: The main entrance into the building is located on the east elevation, adjacent to the main parking area. The architectural detailing and fenestration is mimicked on the south elevation. The employee and services entrances are located on the west and north elevations. The parking is dispersed around the south and east sides of the building. 2) The amount and location of open space and landscaping; Finding: The site will be landscaped, including the landscaping islands in the parking lot and exceed the minimum required in the district regulations. There is also a pond located in the northeast portion of the site that will remain and act as a buffer to the property to the north. 3) 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 Finding: This is the second parcel to redevelop in this area. The architecture and materials of the proposed building is compatible with the design standards of the property to the east that was redeveloped in 2010. 4) 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. Finding: The site includes sidewalks which connect with the existing public sidewalk along West 78`h Street. The proposed development will utilize the existing curb cut on West 78th Street. The applicant has demonstrated that the interior circulation is adequate for both passenger and commercial vehicles. The parking is distributed around the building and complies with the size and number of required parking stalls required by City Code. The developer will show future internal circulation on the property to the east which will connect when it is redeveloped. 5) Protects 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. Finding: Sanitary sewer and water service are installed on the site and are consistent with all design standards. The applicant has adequately addressed the drainage and runoff from the site to existing storm water ponds and drainage systems. The redevelopment of the site will have a positive impact and is complimentary to the neighboring properties and uses. 5. The planning report, Planning Case #12-03 dated February 7, 2012, prepared by Angie Kairies, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve Planning Case #12-03 for Site Plan approval for an 20,600 square -foot, one-story retail building located at 80 West 781' Street. ADOPTED by the Chanhassen Planning Commission this 7"' day of February, 2012. CHANHASSE OMMISSION BY: Its Chairman CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 03/01/2012 11:20 AM Receipt No. 00181627 CLERK: AshleyM PAYEE: Center Companies LLC PO Box 687 Chanhassen MN 55317 - Planning Case 2012-03 ------------------------------------------------------- GIS List 60.00 Total Cash Check 4764 Change 60.00 0.00 60.00 0.00 SCANNED CENTER COMPANIES, LLC 4764 City of Chanhassen 2/28/2012 80 West 78th Street Expense Mailing List 60.00 SCANNED Center Companies, LL Application Fees 60.00 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 anof (952) 227-1100 CEM To: Ben Merriman Center Companies, LLC PO Box 687 Chanhassen, MN 55317 Invoice SALESPERSON DATE TERMS KTM 1/26/12 upon receipt 20 I Property Owners List within 500' of 80 West 7e Street (20 labels) TOTAL DUE $3.00 1 $60.00 $60.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for February 7, 2012. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #2012-03. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED CHANHA,SSEN PLANNING COMMISSION REGULAR MEETING JULY 17, 2012 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Kathleen Thomas, Lisa Hokkanen, Kim Tennyson, Bill Colopoulos, and Kelsey Nelson STAFF PRESENT: Kate Aanenson, Community Development Director, Bob Generous, Senior Planner; Joe Shamla, Project Engineer, and Ashley Mellgren, Planning Intern PUBLIC PRESENT: Josh Koller, Southview Design 1875 East 50'h Street, Inver Grove Heights Steve Wanek 6615 Horseshoe Curve Jim Knutson 1551 Lyman PUBLIC HEARING: 80 WEST 78TH STREET (GOODWILL): REOUEST FOR A PARKING LOT SETBACK Generous: Thank you Chairman Aller, commissioners. As you stated this is a request for a variance for 80 West 78'h Street. The request is to permit parking. The parking lot to be at the right-of-way easement line. City Code requires that setbacks be horizontal distance between either the property line or the right- of-way and in this case the property line and the easement line were different. Location is on West 78h Street just east of Highway 101. That's north of Highway 5. It's a frontage road in front of. Back in February the City approved the site plan for the building at 80 West 78h Street. It was about a 20,000 square foot building. At that as part of our review we reviewed it based on the property line rather than the easement line. What that led to when we were reviewing the building permit application is that there's a small area of the parking lot that encroaches into the required setback City Code requires that our parking lots be 62 foot wide when they have 90 degree parting and two way travel aisles. In this case that, and because of the angle of the front property line it forced the comer of the parking lot into that parking setback As I stated they're requesting a 10 foot parking lot setback variance to permit parking at the right-of-way easement. They would still be all on their property and they can, it's just a small portion of it. The request is just for the plan as submitted. It's not for any other variances so everything else complies with city ordinance. The granting of the variance is in keeping with the ordinance. The construction of a parking lot is a normal accessory use for commercial buildings. The difficulty for meeting the ordinance is the shape of the lot and the city requirement for the parking design. The purpose of the variance is not for economic consideration but just for site layout and meeting city requirements and again the trapezoidous shape of the property limited where they could put the building and all the drive aisles and the parking lot and so staff is recommending approval of the variance request subject to the, I believe there's 3 conditions of approval and with that I'd be happy to answer any questions. Aller: One of the options was to vacate the easement and that was not selected? Generous: Right. We looked at that and the engineering department would like to maintain the right-of- way in case the City has to reconstruct West 78' Street in the future or do any other improvements. Also we had, there's additional utility easements in that area so they wanted to keep city control and not allow them to go further. SCANNED Chanhassen Planning Commission—July 17, 2012 Aller: Any questions? Hearing none, would the applicant like to step forward if they choose to do so. Ben Merriman: Good evening commissioners. My name is Ben Merriman. I'm with Center Companies. My business is located at 2025 Coulter Boulevard in Chanhassen. Bob did a great job of explaining it this evening and also putting it down on paper as to what happened. We goofed up. We didn't seethe right- of-way. We used the property line. Designed our parldng lot and then when we went into permit the City caught it and we realized what we had done so we changed the building permit plan so that it was correct and now we're asking for a variance to go back to the original design. You probably haven't experienced a lot of redevelopment in Chanhassen. You probably will as time goes on but these sites are difficult to work with. As Bob pointed out it's a trapezoid site. We had to tear down an old office building and with these complexities comes these types of issues. I think this project along with the Haskell's project has really made quite a difference in that comer and the way it looks as you're coming into Chanhassen. I think it's had a real positive effect and I appreciate your help with this. Thank you. Aller: Thank you. Okay we're going to open up the public hearing portion of the meeting. Would anybody like to step forward? Discuss anything with regard to the variance requested. Seeing no one step forward 1 close the hearing. Comments. Questions. I think it's in line with what we had originally approved. It's back to the original plans and we're not giving up anything based on the fact that we're not vacating the right-of-way so, and I do agree that the work that's been done down on that comer is both aesthetically pleasing and it's been good for the community so I'll entertain a motion. Thomas: Ahight, I will propose a motion. The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2012-07 for a 10 foot parldng lot setback variance to permit parking at the right-of-way easement as shown on the plans prepared by MFRA dated July 6, 2012 subject to the conditions of approval and adoption of the Findings of Fact and Decision. Aller: Having a motion, do I have a second? Colopoulos: Second. Aller: Having a motion and a second, any discussion? Thomas moved, Colopoulos seconded that the Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2012-07 for a 10 foot parking lot setback variance to permit parking at the right-of-way easement as shown on the plans prepared by MFRA dated July 6, 2012 subject to the conditions of approval and adoption of the attached Findings of Fact and Decision. 1. The monument sign must comply with City Code and the required setback and may not encroach into any easements. 2. The applicant shall update the plans to show the proposed parking stalls and make changes to plans according to staff redlines. 3. The applicant shall obtain an encroachment agreement with the City to construct the parking lot within the City watermain easement_ All voted in favor and the motion carried unanimously with a vote of 7 to 0. 2 Chanhassen City Council — February 27, 2012 Kate Aanenson: Thank you Mayor. As you indicated this is a site plan review for a 20,600 square foot, one story building. This item did appear before the Planning Commission on their February 7th meeting where they held a public hearing. They voted 6 to 0 to recommend approval of the site plan. The subject site is located on Highway 5 and the property is zoned Business Highway. As you recall most recently we upgraded some of the downtown commercial that eliminated the general business and created more of a central business district. In this area, the Business Highway district is really more of a mixed use. Those areas that need more visibility. Kind of a blend of some office, some retail. Some of our larger retail users and also some industrial. So this use fits within the zoning district. Currently there is a building there right now. One of the older buildings in the city built in 1973 that's kind of used as an office building. There's been some commercial uses in there now and most of those businesses are being relocated so it is consistent with the zoning district. Just to show you what's around the area on Highway 5, most recently we approved the Haskell's liquor store that's just to the west of this site. Again there's an industrial building, Lyman Lumber. We had some new office park right at Dell Road. Dentist office so it is really a mix of those uses that need high visibility. This use as a building, the applicant LLC for the 2.79 acres is proposing to do a Goodwill store so again it needs the high visibility of access to see that. The one in Minnetonka is on 394, kind of a sister city there and being able to see it for customers not only to drop off donations but also to be a consumer of the business itself. The grading plan, the current site sits low in that area so the new building will actually bring up the finished floor elevation about 3 1/2 feet so the building will seem a little bit taller in appearance. On the previous slide it did note there is apartments, there is residential immediately behind it. The railroad tracks. Some of those apartments. It's heavily landscaped around this property. The site plan itself as 1 mentioned is a 20,000 square foot one story commercial building. Again it's Goodwill will be the tenant. The building is being pushed to the west of the site and that's in order to accommodate the, I got new technology. Can you use your mouse on that one? To show kind of the circulation around the building. To drop, yeah can you go the other way. There you go. That's where you'll be going around that way to actually drop off. There's a canopy on that back side there where you'll actually drop off, thank you, goods there. There'll be somebody that can help you unload from your vehicle. When the Planning Commission reviewed this from the perspective I'll show you in a minute, the architecture, the building materials, there was some concern about there was enough articulation on that side of the building but I think it's hard to see when you look at that perspective which I'll show you but the canopy does stick out 22 feet so that does give some relief. We did make some other recommendations, or the Planning Commission did to support that. The building was pushed to the west to accommodate the ability to access the site. You have cars that will come in and need to go through that drive aisle. The front door will be facing east so that provides most the parking on that side which people would be able to access into the site. We've got two systems running here. We're having some problems here. There we go. Can we go back one? So sorry about that. One thing the Planning Commission asked about and that was a connection those three properties there. The Haskell's liquor store will have access to what is now that landscape nursery and then this site would also provide access to the landscape nursery so there'll be able to interconnect without having to get on that frontage road so there will be a future connection. One of the other issues that were discussed is right now all of the waste containers is being handled inside so people don't inappropriately put products in maybe a dumpster on site so it's kind of a, it's a good management tool that they're employing but if this building was to change uses, it's just a tenant. They're not the owner of the building. That dumpsters could be moved outside in an appropriate location so that issue was also brought up. The building itself does meet all of the architectural design guidelines. Again the circulation works for the trucking turn movements. Be able to drop off. Pick up supplies. Goods, excuse me, to the site so again there is kind of a faux entrance on the south side to kind of give it that architectural relief and maybe I'll ... these right here. To give you that, again that Highway 5 perspective so while it looks like there's an entrance, the entrance is actually facing the majority of the parking lot which is on the west 17 SCANNED Chanhassen City Council — February 27, 2012 side, so as I mentioned before there is a canopy over the doorway and the building materials consist of, let me see if I can try this one. Can we go to the overhead camera? Thank you. Maybe you could back out of that just a little bit on the camera. Thank you. For the building materials. The one issue that we had is the top of the building doesn't meet on the, has too much EIFS on it so that was also recommended to make changes. 15% is the maximum. Again the building is well designed as far as, thank you. The windows and the like so the only change we have was again the Planning Commission had on going to the next slide the, the side with the canopy and, I don't know what's going on, sorry. So the canopy, it's hard to see on the one slide there but the canopy does have on the top side where it says the west elevation, there is a 20 foot canopy. That's hard to see. The other recommendation we had though, there's a small door that comes out. They're putting a roof over that door. That would be the door on the far right hand side. Otherwise there is really enough articulation. There's also a pretty solid row of trees on that side of the building also kind of screening that as you're coming, heading west on Highway 5. So the other side is a loading dock. Also pretty well screened so with that the Planning Commission did recommend approval. There was a condition in the staff report that has been met and that was regarding, on the conditions of approval, so there's 5 conditions and under planning it said the applicant worked to provide that future access, and that has been resolved where that access would be. I showed you that on the one slide going to the property to the east. So that has been addressed so that would be condition b under planning. Otherwise there are 5 conditions. The staff is recommending approval of the conditions of the staff report and we do have a motion prepared for you. Thank you, so with that I apologize for the presentation but I'd be happy to answer any questions that you may have. Mayor Furlong: Questions for Ms. Aanenson. Councilwoman Tjomhom: I have a couple. Mayor Furlong: Councilwoman Tjomhom. Councilwoman Tjomhom: Because this is a Goodwill, do they still pay property taxes? Kate Aanenson: Yes. They're the tenant. Councilwoman Tjomhom: A non-profit. Kate Aanenson: Yeah, they're the tenant of the building. They're not, they don't own the building. Councilwoman Tjomhom: Okay, okay. Kate Aanenson: Yeah. Councilwoman Tjomhom: And I did look at the plans, is there a drive through for that? Kate Aanenson: Yes, that's that canopy I was trying to show on the one side of the building. Councilwoman Tjomhom: Okay. Kate Aanenson: Where the circulation, yes. So there is a drive through canopy and that was part of the challenge of trying to locate the site farther to the west to kind of provide that canopy screened and then also, so coming around the building, and also provide the loading docks to pick up and deliver goods. Councilwoman Tjomhom: And are they going to have hours, regulated hours for that or is it just going to be during their time of business do you know? 18 Chanhassen City Council — February 27, 2012 Kate Aanenson: I believe it's pretty much standard with the time of business. There's probably peak hours for dropping off. They advertise those on their website. They've got, you can go to their website now and look at their other stores. When they can drop off and pick up. Todd Gerhardt: There's garage doors on both ends that close the canopy section off when they're not open. Kate Aanenson: Yeah. Councilwoman Tjomhom: And are there any sensitivity issues to lighting? Kate Aanenson: They did provide the screening and how the building's lit and it meets all the city regulations. There's also photometrics in that too, and we did look at that from how that sits, when they raise the building up the 3 feet and the lighting to the back with the railroad tracks but because of the rise with the railroad tracks I think the, and the downcast lighting it should not be a problem.._ Mayor Furlong: Okay, other questions? Mr. McDonald? Councilman McDonald: Yeah, because of the nature of the store and everything, have there been any traffic projections? What's it going to do at the light there and also at the light once you get up to the railroad tracks and everything? Are we going to be needing to look at any infrastructure improvements? Kate Aanenson: I don't believe so. Actually the light at West 78th, that intersection was redone a number of years ago and as far as the functioning of this building and what could have been at the previous Chan Office Building at it's maximum is probably pretty similar. I think the frequency of trips, when someone may go to the office might be a little bit more but I believe, maybe Paul has something else to add on this as far as, because you actually have two options to come out. You can go back out to Dell Road or come in on West 78h as you go around. Councilman McDonald: But people are going to be shopping. This is a retail site isn't it? Kate Aanenson: That's correct. Councilman McDonald: Okay. So I was just wondering do they have any projections as to the amount of traffic that they think they're going to be drawing through that intersection? Paul Oehme: I know staff did look at that. I don't have those numbers here. The parking stalls again were at a point where I don't think there's that much of an increase in what was seen on the site with the existing office building structure. The frontage road is on 78`h Street is a collector roadway designed to handle those type of trips. I think right now the trips on 78h Street are right around 4,000. We don't anticipate there'd be a traffic issue associated with this project on 78h Street. Councilman McDonald: Okay, thank you. Councilwoman Tjomhom: 1 had one more. Mayor Furlong: Councilwoman Tjomhom. Councilwoman Tjomhom: This building now has one single tenant. Is there a possibility that at some point that tenant could move out and it could be divided into two buildings? Two separate tenants? 19 Chanhassen City Council — February 27, 2012 Kate Aanenson: Yes. Councilwoman Tjornhom: So would they have to comply with parking? Kate Aanenson: Yes. That's always the kind of the control factor there. They would have to, because they'd have to do a building permit to modify it to go into two and then that's when we internally would review that to make sure that there's adequate parking. If it went to a higher use that would require the parking breakdown is in here, accommodating that there is some warehouse space for storage where the people are dropping things off. Some office space but yes, if it went to more retail and two separate buildings, or something that met the zoning district we would evaluate that to make sure there was adequate parking. Mayor Furlong: Any other questions. Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Kate, what's Goodwill's experience with this store concept in the metro area? Kate Aanenson: I'll let the applicant speak to that but I think it's pretty positive. I know that they've been building, Minnetonka just opened up their new one. I did frequent that this week just to see how the circulation and how that worked. I know there was concerns from the neighbors up there too and it, it was pretty busy on a Saturday afternoon and functioned very well. There were people dropping off, which I think is a benefit to our residents to provide that opportunity for them also to take some things and to re -circulate those and re -purpose those too so. Councilman Laufenburger: Okay. You might have shown this before and my apologies but can you just show us on one of the plats where the connection between this parking and the by the woods would be? Kate Aanenson: Yep. Maybe you can right there Paul, yep. Maybe if you can show that. The garden center is immediately to the east. Councilman Laufenburger: Yep. Kate Aanenson: Yep. And then the Haskell's is the next building over. Councilman Laufenburger: Yep. So did I hear. Kate Aanenson: I'm sorry, there's woods on the westerly side and along the back too. Councilman Laufenburger: So where, there was mention of access between the two properties. Are you saying there would be like a. Kate Aanenson: Future access. Councilman Laufenburger: And where would that be? Todd Gerhardt: We have that map. It's cut off up here where it... Kate Aanenson: Maybe I can try this one again here. Councilman Laufenburger. Yeah. 20 Chanhassen City Council — February 27, 2012 Kate Aanenson: You can go one more slide and it shows it up there on the corner where it says future connection. Councilman Laufenburger: Oh I see, okay. Kate Aanenson: Yeah, right there. Councilman Laufenburger. So just right in the upper the northeast corner? Kate Aanenson: Yeah. Councilman Laufenburger: Okay. Kate Aanenson: And that allows those people, we tried to work those even the downtown area where you don't have to get back out on the collector or if you want to go out to the next use so. Councilman Laufenburger: Okay, thank you Mr. Mayor. Mayor Furlong: Is that being set up by easement then or is it just a condition? Kate Aanenson: Yes, yep. Well we're asking that they provide a, in the future, a cross access agreement. That's how we set those up. Mayor Furlong: Okay. Kate Aanenson: And let me just go back to what we talked about with Haskell's too because we thought that could be two different uses. Actually it was set up that way and actually as it turned out Haskell's moved into that space so I think what we've learned over time in these changing times is everything's flexible and then we just have to kind of see what happens and evaluate it at the time it comes back, but this is a zoned appropriately for this use. Mayor Furlong: Okay. Councilwoman Tjomhom: I have one more question. Mayor Furlong: Councilwoman Tjomhom. Councilwoman Tjomhom: The drive through, going back to the drive through. This is zoned just commercial business so there couldn't be a restaurant that comes in on one part of it that would have a drive through? Kate Aanenson: Yes, it could but the way this is drive, it's a 20 foot canopy and I think the way that it's set up they would have to do, it's a 22,000 square foot building and. Councilwoman Tjomhom: Because we've had that happen in town before. Kate Aanenson: Yes we have. 1 think it's highly unlikely on this type of a building. I don't want to say never. It's 22,000 square feet to get the visibility you want there on that easterly side with that window. It's a 20 foot canopy. Could something go on the back, it could. Never say never but it would be 21 Chanhassen City Council — February 27, 2012 permitted, and again they'd have to make sure the circulation works and the rest of the parking all fell into place. Councilman McDonald: Let me ask a question about this because now I'm a little confused. I've seen these stores before and there's actually a door there where people come out to your car if you've got bags and stuff so it's not really a drive up window per se. Kate Aanenson: It's a canopy. It's 20 feet long. They come out the door and unload you. Councilman McDonald: So you're driving under the canopy and there's usually a door down there and people will come in and out so. Kate Aanenson: That's correct. Councilman McDonald: Yeah, okay. Councilman Laufenburger: My guess is it's kind of like a raised garage door. I think it's, the one that I visited in Apple Valley, it was a very large door that you know secure. When it's down it's like you know shops in Brooklyn and Queens. Kate Aanenson: I think we're talking about two different doors. We've got the doors blocking the canopy then we've got the door going into the store so. Councilman McDonald: Oh there's also a door that blocks the canopy? Kate Aanenson: That's what I heard the City Manager saying. Todd Gerhardt: Yeah, it's like Brown's Car Wash. You know you've got garage doors on each end. You know when they're open, they'll be open. Inclement weather you probably could close them. Councilman McDonald: Okay. Councilman Laufenburger: Just for equality, it's also like the Youngstedts Car Wash too right? Todd Gerhardt: Yes. Laurie Hokkanen: Actually those doors don't close behind you. Todd Gerhardt: We have many fine car washes in Chanhassen. Mayor Furlong: It's one of the best. Todd Gerhardt: One of the best. Mayor Furlong: The building's entrance is on the east side, is that correct? Kate Aanenson: Yes it is. Mayor Furlong: And while it looks like from the design of the building, is there an entrance on the south side? 22 Chanhassen City Council — February 27, 2012 Kate Aanenson: The back of the building? Mayor Furlong: No, on the south side facing Highway 5. Kate Aanenson: Oh, I'm sorry. No it's a faux. It's faux. It looks like an entrance but it's not. Mayor Furlong: But it's not. Is there any requirement for I guess the entrance is big enough from a safety standpoint to have a single entrance? Is there enough based on the size of the building? Kate Aanenson: Well there is other entrances in the building. Or exiting, let's say it that way. Mayor Furlong: In the back, okay. Kate Aanenson: Correct, in the back and on the side. Mayor Furlong: Okay. Kate Aanenson: The ones that I mentioned where the canopy is is another entrance there too. Under the canopy to help unload and another entrance. Mayor Furlong: And a dock. Kate Aanenson: That we wanted to put a small roof over to give some articulation to that side. And that's the side facing west. There's also doors on the north elevation where the loading docks are. There's also doors coming out that side so it meets exiting requirements. Mayor Furlong: Okay. Okay. Kate Aanenson: The intent there was to make it, give it an appearance because most the parking was on the other side, that's where they put their entrance. Mayor Furlong: With regard, one of the conditions talks about the west elevation and requiring more windows and articulation. Kate Aanenson: Right. Mayor Furlong: Is that, but it just said more or enhance. Kate Aanenson: Well we resolved that and I think in looking at that. Mayor Furlong: So is the plan before us tonight, does that meet our requirements? Kate Aanenson: Yes it does. Yes, we went back and revisited that and did talk to the applicant and again 1 think it's hard in that visual of that elevation to see that there is a 20 foot articulation in the canopy. Putting the roof over the other door and then also reducing the EIFS and then slightly articulating the columns that are there. The one column on the corner of the building and that meets. Mayor Furlong: What about the window requirement? Kate Aanenson: 1 think what we're saying is that there's landscaping. The trees. There's a significant row of trees on that western side that meets that screening requirement. 23 Chanhassen City Council — February 27, 2012 Mayor Furlong: And are those trees on this property? Kate Aanenson: Yes. Mayor Furlong: Okay, so is that part of the condition? Kate Aanenson: Yes. Mayor Furlong: That the trees would have to stay. Kate Aanenson: Yeah. Mayor Furlong: Or be replaced. Kate Aanenson: Effective screening, yeah. Mayor Furlong: Okay. Okay. Alright, thank you. One other question. Mr. Gerhardt we talked about this this afternoon, one of the requirements under Planning Commission is bike racks. Is that consistent with our ordinances? Kate Aanenson: Yes, we have done that in certain locations where this might be a place where people might be biking to. Mayor Furlong: Okay. Kate Aanenson: A type of use that might be biking to. Mayor Furlong: Have we done that in other? Kate Aanenson: Yes we have. Depending on the type of use, like for example if it's younger people or certain segment of the population, for example the library, city parks, those sort of things we always do. This is one that we felt that it may be appropriate to have somebody that might be biking there. Mayor Furlong: Okay. Thank you. Any other questions for staff at this time? I see that the applicant or representatives are here. Anything you'd like to address the council with? Good evening. Ben Merriman: Good evening Mr. Mayor, council members. My name is Ben Merriman. I'm with Center Companies. I think it's been explained fairly well. I'd be happy to answer any questions you might have and we're actually in the process, I thought I was going to have some revisions done last week but some of the civil engineering didn't catch up to it so 1 don't have those revisions for you tonight but we'll work with staff and get those worked out. The future connection, when we developed Haskell's what we did was a cross easement and cross maintenance agreement with Lowe's. At that point in time it was Lowe's so that at the time that Lotus was redeveloped, or if it was redeveloped, that that agreement would be in place and I guess what we're proposing here is that if in fact that property in the center, which is now private woods, if that ever is developed in the future, that the three parking lots basically could be combined so that you could travel, the trucks can travel in the back part and customers can travel through the front part of all the parking lots so it's basically a cross easement and cross maintenance agreement, but it really can't take effect until that middle piece is redeveloped at some point in time. 24 Chanhassen City Council — February 27, 2012 Mayor Furlong: But the agreements, the commitments can be put in place now so that if that middle property is redeveloped then they're in place? Ben Merriman: I could talk with Jay Kronick about the owner of that and see whether or not, I assume he would but I think it's somewhat conditioned upon the use. I mean if it stays a garden center they're going to have their parking lot where in the front. Mayor Furlong: Right and I guess what I'm referring to is, if it is redeveloped in the future, putting the agreements and the commitments in place now so if it is redevelopment then to something similar. Kate Aanenson: That's correct Mayor Furlong: Is that right? Kate Aanenson: It's not the intent to do it today. Mayor Furlong: No. Kate Aanenson: It's when they do redevelop that, if it makes sense, we want to make sure that if, even if this property was sold that there was an intent to try to connect those properties. Ben Merriman: It makes sense. Mayor Furlong: Yep. Probably something similar or, okay Ben Merriman: The drive through I think, Todd Gerhardt explained it fairly well but they are basically drive in doors. There's two of them, one on each end and so they can be opened or they can be shut but when they're shut it's secure and it's walls all the way around it so they can open up and you can drive in and people will help you unload and take the merchandise in and out and then you can drive around so it's a secure drive in door and drive out. I'd be happy to answer any other questions. Mayor Furlong: Any other questions for Mr. Merriman? No? Very good, thank you. Ben Merriman: Thank you. Good evening. Mayor Furlong: Bring it to council for discussion and comments. Thoughts, comments. Mr. Laufenburger. Councilman Laufenburger: Just I think, I'm not sure if Kate said this but this is a great opportunity to have something like this. Goodwill is a respected member of the Twin Cities and I think they, the fact that they are interested in not only having a retail outlet but also a place where property, materials, household goods can be received and then worked by the people from Goodwill, I would say there are many other organizations like that that come into Chanhassen for that purpose but to have actually a tenant in the community 1 think is wonderful so. Mayor Furlong: Thank you. Other thoughts and comments? I'll just add then. You know especially in this economy for any business, Goodwill and developers to be able to come together and put together a really significant investment, a redevelopment, market redevelopment. There's no tax considerations or benefits being offered here that I'm aware of anyway. That's not before us. This is, we're redeveloping a parcel and upgrading the businesses along Highway 5 and I think that's something that we should all be grateful for and proud of that Chanhassen is a place where people want to make that level of investment t7.a. Chanhassen City Council — February 27, 2012 so thank you for that. And thank you for everybody involved. I know that any time there's a project like this there's a lot of back and forth and work that takes place and thank you for all the work that has gone into place prior to the Planning Commission and since then so that we have a project here tonight that's a good project that we can move forward with so. With that if anybody would like to make a motion. Councilman Laufenburger: I'd be happy to Mr. Mayor. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: I would move that the Chanhassen City Council approve the site plan as outlined in the staff report subject to conditions 1 through 5 and adoption of the attached Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve the Site Plan for a 20,600 square -foot, one-story retail building, plans prepared by MFRA dated 1/4/2012, for property located at SOWest 78t" Street, and adopt the findings of fact, subject to the following conditions: 1. Building Official a. A demolition permit is required for the removal of any existing structures. b. Complete construction plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. The building is required to have an automatic fire extinguishing system. d. Detailed occupancy -related requirements will be addressed when complete building plans are submitted. e. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 2. Forester a. The line of shrubs along the parking lot on the south property line shall be extended to provide a buffer for the length of the parking area. The plantings can be incorporated into the rain garden. b. The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. c. The applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest corner of the building. 3. Water Resources a. No final approval of the proposal may be given without the review and approval of the drainage plans and calculations. b. The curb cuts must be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. Chanhassen City Council — February 27, 2012 c. Additional topographic information is required in the area between the two existing ponds in order to determine the emergency overflow (EOF) elevation of the pond to the west. d. The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest comer of the drop- off drive in order to properly divert the EOF water. e. Correct the elevations on the filtration basin cross section on page C4.01. f. The filtration basin will be privately owned and maintained. A maintenance agreement will be required by the City. 4. Engineering a. Erosion control phasing Gantt chart will need to be completed prior to earth -disturbing activities. b. The Swale along the western property boundary will need to be stabilized per Part IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet with 24 hours of connection to a surface water.) c. Grading should be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed. 5. Planning a. The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. b. The applicant shall provide future circulation information to the easterly properties prior to council approval. When the parcel to the east redevelops, then the vehicular accesses shall be constructed. c. The articulation of the building shall be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. d. The elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. e. The fenestration and architectural detailing on the west elevation shall be increased. f The architectural detailing and columns shall be continued along the north elevation. g. Should an exterior trash enclosure be necessary in the future, it shall be screened and constructed with similar materials to the building. h. All signage shall comply with City Code and requires a separate sign permit application. i. The applicant shall provide a bike rack." All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVE LEASE AGREEMENT FOR OLD PUBLIC WORKS BUILDING, ROAD RUNNER INTERNATIONAL. Laurie Hokkanen: The item before you is a lease for our old public works building located at 5091 Park Road. The lease is with a company called Road Runner Diesel Services. It's a group of gentlemen who own 5 over the road car carriers. Basically delivering vehicles from manufacture to dealership, from dealership to dealership, etc. They do propose to lease the entire building, which is just under 19,000 square feet for a 3 year term. This lease would be for the main building, parking lot and the remaining areas of the site but would not affect the lease that has about 8-9 months left on it under the current term with Beniek Property Services for the cold storage building. They would continue to occupy that. The leased area is outlined in yellow. This is the area that would be leased to Road Runner. The area outlined 27 CHANHASSEN PLANNING COMMISSION REGULAR MEETING FEBRUARY 7, 2012 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Tom Doll, Kathleen Thomas, Kim Tennyson, and Lisa Hokkanen MEMBERS ABSENT: Kevin Ellsworth STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Mary Rabai Vicki Bomben Kyle Rose 7340 Frontier Trail 9260 Talis Circle 17352 Frondell Court COMPANIES, LLC., PLANNING CASE 2012-03. Generous: Thank you Chairman Aller, commissioners. The first item is 80 West 78th Street. It's a request for site plan review for a 20,600 square foot commercial building on property zoned Highway and Business Services District. The property is zoned, is guided for commercial use. The applicant is Center Companies LLC and it's Planning Case #12-03. The site plan, the 20,600 square foot building is one story. It replaces an existing two story office building on this site. As you can seethe property's located north of West 78h Street, which is just north of Highway 5 and east of 101. It's the first site on West 781h Street. The City owns the property immediately to the west of that. It contains a stormwater pond. To the north of the site are the railroad tracks and they're approximately 8 feet above the proposed finished floor elevation for this building. To the east of the property is the garden center and then east of that is the Haskell's store that was just recently, two years ago was approved and developed on it. This is the entranceway to, the property is 2.79 acres in size and the floor area ratio for the development is 0.17. The existing two story building that's on the property was built in 1973 and that will be demolished as part of the redevelopment of this site. This is the commercial entrance to the community. To the east of it are some office industrial developments and then this property and the two to the east of it and those south of Highway 5 are really where the commercial development starts in the city of Chanhassen and continues in to our downtown area. Okay, the 20,600 square foot one story commercial office building is proposed for one tenant right now. Goodwill is going to be the tenant in the development. The property is zoned Highway Business and so it permits all kinds of commercial retail uses, service uses, office uses. The proposed use is consistent with both the zoning and the land use for the property. The proposed development complies with all the district regulations relative to setback, building height and site coverage. The proposed building, finish floor elevation is approximately 3 1/2 feet higher than the existing building finished floor elevation on the site so it will be a little bit higher up but the total building is only 20 feet tall to the principle parapet area. Should note on the plans they show a wetland buffer on the north edge of the property. However that's a stormwater pond so there are no wetland buffer requirements. The wetland is actually on the property immediately to the east of this and so north of the sCANNED Chanhassen Planning Commission — February 7, 2012 garden center site. The main entrance is located on the east side of the building. They do on the south side have a full entrance area that they have extensive glass systems in. Above both elevations they have a canopy. A metal canopy. Building materials consist of face brick, scored block, EIFS, which is Exterior Insulating Finishing System, and store front windows. There are column like elements included at the entrances and at the comers and along the side of the building. Staff is recommending that these elements be projected out slightly from the building to provide an additional articulation to those frontages, or the building elevations. The EIFS is by code is required to be no more than 15% of the building material. In this instance we've calculated it and it's approximately 40% so one of the conditions is that they reduce the amount of EIFS that they include on the building. The vertical articulation is provided through this step parapet height. It starts at 20 feet and then it goes to 23 feet 4 inches and then up to 26 feet 8 inches at the very top, right over the entrance. The east and south elevations exceed the minimum fagade transparency requirements under city code so they have more than enough windows. The west elevation we believe needs a little more additional architectural details. Due to the use of this area of the building, it's a warehouse portion of the building, we do not require that they use transparent windows. However we do recommend that they provide additional detailing. We provided some alternatives that they can use. They could have upper level windows to provide lighting into that area but not direct use in the storage area. The spanrow glass, glass block or they could even use, do some architectural detailing with the material work going up and down and projecting out. Staff has suggested that they may look at a roof element over the entrance on the north side of the building. Over the stairway and additionally the, in the southwest corner over that door may be also a good place to provide some type of covering, especially if that's right inside of that is the employee break room and some office space so people may be using that that work there. The parking is divided into two parts. Approximately 68% of the parking or 69 spaces are located on the east side of the building and 32 spaces are located south of the building. There is a drop off area on the northwest side of the building and this is a, has an enclosed canopy area that they drive through to drop off area. The loading docks are located on the north side of the building so it's free from all public views. All the drive aisles are two way except for the drop off which will be a one way around the side of the building. We are recommending that this area in the northeast comer of the site, in the future when the property to the east redevelops that that be made a vehicular connection so that people don't have to leave the commercial sites, go out on our public street and then go to another commercial site so, but that won't be until the garden center redevelops. As part of the review they need to provide additional landscape islands on the east, in the eastern parking lot and at least 2 trees and then an additional tree on the southwest comer of the building in that landscape peninsula that sticks out from the building. That's just his view of West 78h Street so, which is a public street. It's a little tough. They are providing area lighting in the parking area and adjacent to the building. Wall light. All the lighting complies with city code. Maximum height is 30 feet. They'll be less. They'll be at 28 feet for their lighting standard. All of the lighting is shielded and has a 90 degree cutoff angle so it won't be glowing up into the sky. Under the canopies they also have lighting that will be recessed into that. As part of the signage they're proposing signs on the south and east elevations of the building. That is permitted by code. We haven't reviewed those because we don't have sufficient detail to see if they comply with the ordinance but if they meet the BH District regulations they will get signing. They do show on the plans a 30 footTylon. Our ordinance doesn't permit that. They are allowed to have one monument sign on West 78 Street. Maximum height is 8 feet with the sign display area of 64 square feet. Again the grading plan shows that they are raising the finished floor elevation of the building. One of the conditions on this is that the applicant provide the drainage area plans to show where all the water is going and that they provide the drainage calculations. Staff is recommending approval of the site plan for a 20,600 square foot one story retail building and adoption of the attached Findings of Fact and Recommendation subject to the conditions in the staff report. With that I'd be happy to answer any questions. Aller: Any questions? r Chanhassen Planning Commission — February 7, 2012 Doll: I have one. Aller: Tom. Doll: On the west side elevation, can you show me where the drop off area is. I'm confused by that. Generous: It's this area right here. This actually projects out from the rest of that face. Doll: Okay. I was just kind of looking for more of a door there. Generous: Yeah, you can see it here. This is the doorway into it that you'd see from the south side. Doll: Okay. Hokkanen: So do you drive into that gray area there? Generous: Yes. Doll: Drive under a canopy. And are there areas for garbage disposal and recycling type? Generous: The applicant has advised us that they will be having that inside and it will be rolled out of their loading dock doors. However should in the future another tenant come in and they wanted to have outdoor trash, then they would have to put an enclosure up on the sides. Doll: Okay. That's all I have. Hokkanen: That was my same question. Aller. Okay. Has there been any input or reaction from the business community? I mean it looks pretty. Generous: No, it's been pretty quiet. Aller: Complimentary to what's down there so, okay. I have no other questions. Would the developer like to come up and make a presentation? If so at this time please step forward and state your name and address for the record and who you represent. Ben Merriman: Good evening. My name is Ben Merriman. I'm with Center Companies and address of the company is 2025 Coulter Boulevard herein Chanhassen. 1 guess I'll just go over a couple things on the staff recommendations. Perhaps we'll start on the west. We can leave the site plan up I guess at this point. The west elevation, they're asking that we add some windows and articulation to that west side. There is a long line of trees on a City property, which actually you can kind of see on this site plan now, and those trees run the entire length 1 think further north, if I'm not mistaken and if those trees were removed that side of the building will be quite visible to the public. If they're not removed, that side of the building really won't be visible to the public hardly at all so I guess my thought is, we can add some articulation to that side of the building and we would be willing to add more, especially if those trees were removed for whatever reason. If not, 1 don't see a lot of rationale for it. And then on the north elevation, which is where the loading docks are, there is a couple of emergency exits and then there's an entrance for a truck driver to come up and enter in, but other than that it's a service entrance and it faces north. There's a wetlands and then there's a railroad track and then beyond the railroad track would be an apartment building and that has the back sides of garages. So it's the back side of a long string of garages so t don't see a lot of rationale behind making a lot of architectural changes to a side of a building that Chanhassen Planning Commission — February 7, 2012 faces a railroad track but we're willing to work with staff and come up with compromises that work. 1 think we have more trees than we need, at least understory trees I think we're over and I think shrubs we're over and there's some recommendations that we move some shrubs and add an island and move some trees around and we're perfectly fine with that. Well I don't see any issues with that. We'll decrease the amount of E1FS that is on the project and increase either with columns and/or different types of material to meet the code as far as EIFS goes. Don't see an issue there at all. Other than that I'm open to any questions you might have. Aller: I guess I'm getting the sense that, from if I just look at the report itself, you don't have a problem with the conditions as placed and working with staff and making sure that those get accomplished. Ben Merriman: I don't at all. Aller: Okay. Kathleen? Thomas: No. Aller. Tom? Doll: Nope. Hokkanen: Nothing. Aller: No questions thank you sir. Would anyone from the public like to come up and speak on this particular subject? Seeing no one's coming forward I will close the public hearing. Commissioners, open for comment. Undestad: Pretty straight forward. Nice looking project. Thomas: Very nice. Aller: I think as the report, it looks like they're in compliance with the zoning requirements and the setbacks are there and been willing to work with staff on making sure the conditions get met so it looks like a good project. Thomas: 1 agree. Aller: They've done other work before and it's come out great so with that I'll entertain a motion. Thomas: I'll make a motion. Aller: Okay. Thomas: Okay. The Chanhassen Planning Commission recommends the City Council approve the site plan as outlined in the staff report subject to conditions 1 through 5 and adoption of the Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Doll: Second. Chanhassen Planning Commission — February 7, 2012 Thomas moved, Doll seconded that the Chanhassen Planning Commission recommends that the City Council approve the Site Plan for a 20,600 square -foot, one-story retail building, plans prepared by MFRA dated 1/4/2012, for property located at 80West 78'" Street, and adopt the findings of fact and recommendation, subject to the following conditions: Building Official 1. A demolition permit is required for the removal of any existing structures. 2. Complete construction plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. The building is required to have an automatic fire extinguishing system. 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. Forester 1. The line of shrubs along the parking lot on the south property line shall be extended to provide a buffer for the length of the parking area. The plantings can be incorporated into the rain garden. 2. The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. 3. The applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest corner of the building. Water Resources 1. No final approval of the proposal may be given without the review and approval of the drainage plans and calculations. 2. The curb cuts must be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. 3. Additional topographic information is required in the area between the two existing ponds in order to determine the emergency overflow (EOF) elevation of the pond to the west. 4. The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest corner of the drop-off drive in order to properly divert the EOF water. 5. Correct the elevations on the filtration basin cross section on page C4.01. 6. The filtration basin will be privately owned and maintained. A maintenance agreement will be required by the City. Engineering I . Erosion control phasing Gantt chart will need to be completed prior to earth -disturbing activities. 2. The swale along the western property boundary will need to be stabilized per Part IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet with 24 hours of connection to a surface water.) 3. Grading should be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed. Chanhassen Planning Commission — February 7, 2012 Planning 1. The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. 2. The applicant shall provide future circulation information to the easterly properties prior to council approval. When the parcel to the east redevelops, then the vehicular accesses shall be constructed. 3. The articulation of the building shall be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. 4. The elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. 5. The fenestration and architectural detailing on the west elevation shall be increased. 6. The architectural detailing and columns shall be continued along the north elevation. 7. Should an exterior trash enclosure be necessary in the future, it shall be screened and constructed with similar materials to the building. 8. All signage shall comply with City Code and requires a separate sign permit application. 9. The applicant shall provide a bike rack." All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CITY CODE AMENDMENT: CONSIDER AMENDMENT TO CHAPTER 20, ZONING CONCERNING STORAGE OF RECREATIONAL VEHICLES AND RECREATIONAL FACILITY LIGHT HEIGHT. Generous: Thank you Mr. Chairman, commissioners. Our last meeting we went through there were like six potential planning, or changes to the city code. We got direction to bring at least 2 of them back right now and there's some additional work required on the other ones. The first one is the storage of recreational vehicles, Section 20-910, Subsection 6. As we stated before currently our ordinance says you can have a recreational vehicle parked in your yard or be occupied for 7 days, but it doesn't have a limit on the amount of 7 days you could have in the year and so we looked at the existing camping ordinance that the City has and used the same language and are proposing that that be included in the proposed code amendments and adoption of the ordinance. The second item is regarding recreational light heights. The recreational Feld light heights. Currently our ordinance limits the height to 65 feet for the lights. The one existing lights at Lake Ann Park are at 75 feet already so they're nonconforming. The parks director recommended that we adopt that standard for recreational facilities for not only the City but other recreational facilities that are developed in the future so we're recommending that Section 20-913(c)(2) be amended to raise the light pole heights to, from 65 feet to 75 feet. Staff is recommending that the Planning Commission recommend approval of the ordinance amending these two sections of the city code. With that I'd be happy to answer your questions. Aller: Bob, on the fixture lights going to 75 feet. The light itself is going to be on top of that so it'll be actually some additional height. Generous: Right. Aller: But this really doesn't change the lighting that much because of the 90 degree cap correct? Generous: Right. They have to. v �PPa tereson FM CONSTRUCTION Project Narrative 80 West 78th Street 2.79 Acre Site Chanhassen, Minnesota CITY OF CHANHASSEN RECEIVED JAN 06 2012 CHANHASSEN PLANNING DEPT Request for: Site Plan Review Approval, Preliminary and Final Plat and a Minor Subdivision, January 5th, 2012 Introduction On behalf of the tenant, the developer is requesting Preliminary Site Plan Review approval along with Preliminary and Final Plat and a minor subdivision for the proposed project. The tenant has several locations around the Twin Cities such as, Woodbury, Maple Grove, Oak Park Heights and Eagan to name a few. Goodwill / Easter Seals Minnesota have been a strong contributor to the development of Minnesota's workforce for more than 90 years. Goodwill / Easter Seals assist people with barriers to education, employment and independence in achieving their goals. Our comprehensive workforce development model helps clients: -Prepare for work -Maintain employment -Train for Employment -Advance in careers -Obtain Jobs -Connect to other community resources Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Pagel of 4 4839 West 120 Street Savage, MN 55378 • Lie. #20011239 • Tel. 952-8904364 Fax 952-890-2916 www.f9ndIarpatterson.com FaFendler Patterson CONSTRUCTION From 25 locations, Goodwill / Easter Seals 781 employees provide statewide services to Minnesotans with disabilities and disadvantages. We provide paid work experience in our retail stores and corporate headquarters. In addition to our career workforce development model, we offer English Language Learning, mathematics, parenting and life skills classes. We also host discussion groups devoted to the specific needs of the individuals we serve. Goodwill / Easter Seals industry skills training programs, developed in partnership with Minnesota businesses, provide curriculum -based, hands-on training. Current programs serve the automotive, banking / finance, call center, construction and retail industries. Participants acquire soft and technical skills to get jobs and advance in their careers. Goodwill / Easter Seals long-term follow-up and support services help both participants and employers. Our community resources staff provides housing resources, retail vouchers for clothing, medical equipment loans and one-on-one assistance. In 2008, Goodwill / Easter Seals served 22,165 individuals, provided 35,891 services, made 880 job placements with 113 individuals advancing in their careers and generated over 17 million in taxable income by participants who gained employment. Use The tenant will utilize the facility for retailing purposes with the hours of operation being Monday -Friday from 7:30 a.m. to 10:00 p.m. Saturday from 8:30 a.m. to 7:00 p.m. and Sunday from 10:00 a.m. to 7:00 p.m. These are standard hours of operation and do not take into account various holiday hours which most retailers adjust slightly to better serve the community. The proposed tenant would employ up to 30 employees along with 8-12 participants which are engaging in career training programs. In addition this use works in conjunction with the retailers that exist in the area. Each user will compliment each others product thus assisting in the success of each others interest. Site The proposed project consists of constructing a 20,600 sf retail facility on approximately 2.79 ac site that is being platted into one lot from the current two story office building. The site will have parking in the front and to the south of the store, with a drop off area located along the west side of the building. A loading dock is located in the rear (north) of the building. Parking requirements for this facility are being met by providing 100 parking stalls in the front, rear and to the south of the store. The 100 stalls exceed the minimum city requirement of 82 stalls as defined in section 20-1124 of the Chanhassen City code. The property is zoned BH Highway and Business service district. The prope is bordered by a rail road to the north, a Stormwater pond to the west, State Highway 5 and 78� ST to the south, and commercial to the east. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 2 of 4 4839 West 12e Street Savage, MN 55378 • Lie. #20011239 • Tel. 952-8904364 Fax 952-890-2916 w w w. f e n d I e r p a t t e r s o n. c o In F2Fendler Patterson CONSTRUCTION A 6 inch water service and sewer service will be constructed into the sw comer of the building. A new water service will be tapped from the existing 8 inch watermain located in the boulevard of 78b Street; the existing sewer stub will be utilized with the addition of two manholes to bring the service into the correct location. Stormwater and drainage will follow the existing drainage patterns from the site, but will provide rate control and treatment of the Stormwater runoff. The existing site drains to the north, southwest and southeast comers of the site. The proposed project will install a storm scepter in the southeast comer of the site to provide solids removal prior to discharging off site, and a couple of filtration basins will be installed along the north and south west corner of the site. This area will improve water quality and rate control to the existing wetland and to the discharge off site to the south. It was the intent to follow the City Engineers advice and route the Stormwater to the existing pond to the west, but when the information on the pond to the west was evaluated it was discovered the 100 yr. high water level was over 3.0 feet above the site of the proposed development. Landscaping The landscaping plan has been developed to be in accordance with Section 20-1176 and subsequent sections. We have provided a five foot high buffer screen along the 780' street side of the parking lot to accommodate a 10 ft. parking setback in accordance with City Code Section 20- 715 subsection 6 e. Buffer requirements B and A are met along 78`h St and the property to the east respectively. Buffer requirement C is proposed along the West property line. The wetland to the north provides the buffer along this property edge. The following Planting schedule is proposed to meet the minimum buffer requirements. Side Length Canopy Under Story Shrubs South 345 7 14 21 West 295 9 18 27 East 427 5 9 13 Additional plantings have been added as shown on the plans to meet the screening requirements along 78th street. Parking lot calculations show we have 1.17 ac of parking lot, based on section 20-1181 of the city code we need a landscape area for each 6,000 sf of parking area. This means we need 8.5 landscaped area with one tree for every 250 sf of landscaped area in the parking lot. This requires 7 parking lot trees to be added to the planting list. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 3 of 4 4839 West 124' Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-8904364 Fax 952-890-2916 w w w. f e n d I e r p a t t e r s o n. c o in j3 Patter on CONSTRUCTION Lit=-htine Site lighting is in accordance with section 20-1123 of the City Code. Lighting levels along the property lines do not exceed 0.5 ft candles in accordance with the code. Architecture The proposed design for the Goodwill Store incorporates architectural elements and finishes from the typical prototype building. The new buildings exterior is proposed to be a combination of a face brick, EIFS (Exterior Insulation Finish System), and colored single score CMU fields and accent elements. Columns with decorative EIFS cornices are used to define the main entry to the facility along with a false entry facing South. All HVAC units on the facility are proposed to be screened from the structures parapets. They are designed high enough to screen all equipment. Siena Under the current terms of the proposed lease, signage is the responsibility of the Tenant. With that said, typically the Tenant will locate signage over the front entry to the facility and on any face of the building facing major roadways. In addition, various directional signage is located around the development as found on most retail projects. The Tenant is aware that a separate signage permit must be applied for and they are prepared to do so per the requirements of the City of Chanhassen. Closure The applicant respectfully requests the City of Chanhassen support the request for Preliminary Site Plan Review, Preliminary and Final Plat and a minor subdivision for the proposed Goodwill Project. We look forward to joining your community and assisting residents with our mission. Project Narrative 80 West 78th Street, Chanhassen, MN 4839 West 12e Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-8904364 w w w. f e n d I e r p a t t e r s o n. c o m January 5, 2012 Page 4 of 4 Fax 952-890-2916 1 QNM1LTANTttITRACTUST .�eTininrc�mernurnax aeX`z`I 1 AElix.vlXY1.]Ylrt 1p ! RYMO„�Wl XNn .axrnn.iox�XrrtXwX ioxun.mX«ielewxorrl. n[�GE N9llIXXVFMYF. SYM Ip r ssMr rziii iXiieofo XX we uxo+wlxo oxnMxuex urL� 1X.HXYSSMIIW bl6 MXf5W1 M1WiX,NX 55M1 R110.1s M10 MX nux+a! ewrno, m:e M«mxous! rRXrXn:XevxlRmnw. Site Development Plans for 80 W. 78th STREET Chanhassen, Minnesota Presented by: Fendler Patterson Construction VICINITY MAP NO SCALE UNIXMARKS �m:.n for rrmfra —3- PeAterson Project 80 W. 78TH STREET Location CHANHASSEN, MINNESOTA certification Summary Revision HistoryY m. 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III n■, Piling III �i HIC III IIS !:� 111 - SII€111�� • 1.:: III in; 2111 III '° !n: III iii © �Inlllll 111._ � III SIGNAGE BY TENANT PREFINISHED FLUSH SE METAL PANEL CANOPY /lwcsr EILVATKIR 'r +',Ipy1L c._ < MYe SIGNAGE BY TENANT PREFINISHED FLUSH SE METAL PANEL CANOPY PREFINISHED METAL CAP FLASHING STUCCO COLOR STUCCO COLOR 2 SINGLE -SCORE BURNISHED CMU UTILITY FACE BRICK 1' INSULATED ALUMINUM GLAZING PREFINISHED METAL CAP FLASHING STUCCO COLOR 1 SINGLE -SCORE BURNISHED CMU UTILITY FACE BRICK 1-4-2012 n -0l0, 1' INSULATED ALUMINUM GLAZING PREFINISHED METAL CAP FLASHING STUCCO COLOR I SINGLE -SCORE BURNISHED CMU UTILITY FACE BRICK PREFINISHED METAL CAP FLASHING STUCCO COLOR SINGLE -SCORE BURNISHED CMU UTILITY FACE BRICK Fendler aPatterson CONSTRUCTION R MEMORANDUM TO: Angie Karies, Planner I FROM: Jerritt Mohn, Building Official DATE: January 11, 2012 SUBJ: Request for Site Plan Approval for the construction of a 20,600 square foot commercial building. Planning Case: 2012-03 I have reviewed the plans for the above project received by the Planning Department on January 6, 2012. Following are my comments, which should be included as conditions of approval. 1. A demolition permit is required for the removal of any existing structures. 2. Complete construction plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. The building is required to have an automatic fire extinguishing systems. 4. Detailed occupancy related requirements will be addressed when complete building plans are submitted. 5. The owner and/or their representative sball meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. GAPLAN\2012 Planning Cases\2012-03 80 West 78th Suw\buildingofficialwo mts.dm City of Chanhassen 7700 Market Boulevard P.O. Boa 147 1+1mp Chanhassen, MN 55317 X111 OF (952)227-1100 WMEH Date: January 10, 2012 Review Response Deadline: January 27, 2012 To: Development Plan Referral Agencies From: Planning Department By: Angie Kairies, Planner I 952-227-1132 Subject: Request for Site Plan Review for a 20,600 square -foot Commercial Building on property zoned Highway and Business Services District (BH) and located at 80 West 78h Street — Center Companies, LLC Planning Case: 2012-03 PID: 25-6860020&25-6860010 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on January 6, 2012. The 60 -day review period ends March 6, 2012. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on February 7, 2012 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than January 27, 2012. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint(United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Twin Cities & Western Railroad Carver County, MN `e it 79t — R d � r 7 /� _ II A9 7773 . i •l Ol AX wY' �* r� lO, 7731 776 101 — /s . ' ` # ` 7137111 - tY 7711 ti Q o ► Ch1—t ' � Z w rt— _ F dow \ir is fifY� �`�• r�4 0lstiWimar This map was created using Carver County's Geographic f� Izmation Systems (GIS), I is a compilation of information and data from various City, County State, and Federal offices. This map Is not a 1 inch = 207 feet surveyed or legalty recorded map and Is Intended to be used as a reference. Carver County is not madomit,fe for any inaccursi contained herein. Map Date 1/1012012 ' � Z w rt— _ F dow \ir is fifY� �`�• r�4 0lstiWimar This map was created using Carver County's Geographic Map Scale Izmation Systems (GIS), I is a compilation of information and data from various City, County State, and Federal offices. This map Is not a 1 inch = 207 feet surveyed or legalty recorded map and Is Intended to be used as a reference. Carver County is not madomit,fe for any inaccursi contained herein. Map Date 1/1012012 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Name and Address: Phone:_y Email: ts- Planning Case No.e�;(Ola. _0:2� CITY OF CHANHASSEN RECEIVED JAN 0 6 2012 CHANHASSEN PLANNING DEPT and Address: ; unr . cKr' , l g4 a0 l _ COntact:C.V3t' v`d. L. .1 Phone: 41;k 5(04 0030 Fax: sor c ,Crc.ca Email: Ili k NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development` Rezoning Sign Permits Sign Plan Review X Site Plan Review (SPR)* S� + ci00 Subdivision' /0T �``�`� ISv Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign $200 (City to install and remove) X Escrow for Filin Fees/Attorney Cost*' $50 UPVACNAR/WAP/Metes & Bounds 450 Minor SUB TOTAL FEE$ 1 1 1 va." PJc444-iSt 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. 'Five (5) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital 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. PROJECT NAME: LOCATION: go Qr-'A LEGAL DESCRIPTION AND PID: SG�:�'o%N 1: kowysh:]RI\(o RntnyTt0a3 Ra.559Tr4et B AS6grpooao � 2568(.0010 TOTAL ACREAGE: WETLANDS PRESENT: X YES NO 1 1 PRESENTZONING: lc�u%,Bess SGwV�c e^S ��STr`cT REQUESTED ZONING: ll`Jo C.\^G%/\Jrl'C-- PRESENT LAND USE DESIGNATION: C Ovv�Yn cY G o REQUESTED LAND USE DESIGNATION: No CANIC- �q C, ` REASON FOR REQUEST: Ne—w Cc�v�S�rUc_��OV1 FOR SITE PLAN REVIEW: Include number of epsting employees: and new employees: 30 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 fling 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 Owners 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 1 have submitted are true and correct to the best of my knowledge. SZgnata(e PH nt Date Signature of Fee Owner gipIWfovnsldevelupment review appliwhon.dm Date MAY -16-1900 04:28 Phone: Email: CITY OF CHANHASSEN 7700 Marltet Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Email: mix - Planning Case No. RM: Consultation with City staff is brad prior to submittal. Including review of development plans Conwahansim Plan AmoroypurR Conditional use Permit (CUP) Interim use Perrm (IUP) Non eonlortnh� Use Permit Planned Unit Devebtxnenv Kazonlina sign Permits Sign Pian Review ^� Site Plan Raview (SPR)' SubdtNNon' Temporary Sales Pamir Vacatlon of Rigid-of-VYsy/Eaernsnta (VAC) WMA scoldho hsa rroy "rw Variance (VAR) Wetland Aftraflon Parrett (WAP) Zoning Appeal Zoning Ordlnsnce Amsndmem Notecetlon Star - $700 (City to Irl and remove) H _ Escrow for Filing FcodAeomsy Coer" - $50 CUPWRIVAC/VAANW 001otss & Bounds -3450 Minor SUB TOTAL FEE $ An additiorml he of $3.00 per addrsae wghln the public hearing notlflcatlon one will be Invoiced to I%* appRant prior to the pub4o hearing. 'Fiero (5) rutlslze Jgtjg copies of the plans must be subxmlttad. including an 9%" X 11" reduced copy for each plan sheet along with a dlaltal eoov In TIFF -Group 4 (*.df) format. "Escrow will be required for other applications through the development contract. Building material samples must be submdted with alts plan reviews. NOTE: When multiple appO are processed, the appropriate fee shalt be charged for each applkatfon_ MAY -16-1900 0428 P•02 PROJECT NAME LOCATION: %Q Q.A:k LEGAL DESCRIPTION ANDPIDr ScA,; q S99T"jM6k B aSt:gs.Qta�o +k �5y8��o10 TOTAL ACREAGE: WETLAND® PRESENT: X YES NO PRESENTZONING: �� WwV 4v�a SUS-ZheSS SGhrtl�hc REOUE1=1 ZONING: Um PRESENT LAND USE DESIGNATION: IfQrd rn s y c i '. \ REQUESTED LAND USE DESIGNATION: Ne C.V-mv%�s, REASON FOR REQUEST' ll4w FOR SITE PLAN FteAE11t Include number of cm'hg empkryees: end new employaas 30 Th10 applcoflon nvd be rcornD+eMd In full and be typewrtHan or Cie" primed and must bs aoowrtpanrad by au v km wn end plans m*arod by applicable My Ord>rence proyMw.a. BNOre JkV Vft 2ppNoanon. you should corder with the p10rv" Dspurrwq b dstamme the spaditc orc9 mom and prooedurs rsqutrarnenb spWlo ble b your spoostlon. A deterw#rm n of Oorthpletef of the sppoosom " be made v ftlrin 15 busineee days of eppksWn subm kW. A wroten rwacw of emkolon 0e6ctendes" be maned to the spphcun wfthlm 16 bull , days of appNcseon. The a to Car* ?ad I sm makft apps calla for to dew bed lotion by the Cily and that i sm rss0 m Wit- for OM*n0 with eI C*j tequnrrwft repot to Cas request. This spp4cetion should be prCoassod In my nems" I am Vo pony whom the City **Ad oons♦r I wpordrtp any "mtW potsn.rp to the tpp6adion. 1 hM 2lla' I ' ' s Copy Of proof Of owrwalip (error odpy all Ownefa Dupkwb Cer ftft of Tile. Abebtot d Tff10 of pachase agraem2 0. of 1 em the suthornad Person to mides Chis M"Osbon IN Cas %a owoa has 2100 slaked thfa appks Orgy I wit 10ap mysall Informed of Ins Irfaa for submtesbn of malm, end the proprsas Of In* spPkmtfpn. I tvfthw urWe eft OW odduoral fess may be dwt2 d for =neultlng fees. Aee0ft eb,dim. etc. with an asdmwte prbr to sm suCwrlardon b proceed with me arty The domments end bAonnere0rt I hove tubm tted aro true and oonecl to tM beet of my knowledge Signature o/ Appkam 51QW6960Fee0wrW C/,'P AJWF:fe�: n - -- Gab / f3 ri Daft rm Fendier Patterson CONSTRUCTION Project Narrative 80 West 78th Street 2.79 Acre Site Chanhassen, Minnesota CITY OF CHANHASSEN RECEIVED JAN 0 6 2012 CHANHASSEN PLANNING DEPT Request for: Site Plan Review Approval, Preliminary and Final Plat and a Minor Subdivision, January 5th, 2012 Introduction On behalf of the tenant, the developer is requesting Preliminary Site Plan Review approval along with Preliminary and Final Plat and a minor subdivision for the proposed project. The tenant has several locations around the Twin Cities such as, Woodbury, Maple Grove, Oak Park Heights and Eagan to name a few. Goodwill / Easter Seals Minnesota have been a strong contributor to the development of Minnesota's workforce for more than 90 years. Goodwill / Easter Seals assist people with barriers to education, employment and independence in achieving their goals. Our comprehensive workforce development model helps clients: -Prepare for work -Maintain employment -Train for Employment -Advance in careers -Obtain Jobs -Connect to other community resources Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 1 of 4 4839 West 124'h Street Savage, MN 55378 • Lie. #20011239 • Tel. 952-8904364 Fax 952-890-2916 w w w. f e n d I e r p a It t 9 r s o n. c o m F2Fendler Patterson CONSTRUCTION From 25 locations, Goodwill / Easter Seals 781 employees provide statewide services to Minnesotans with disabilities and disadvantages. We provide paid work experience in our retail stores and corporate headquarters. In addition to our career workforce development model, we offer English Language Learning, mathematics, parenting and life skills classes. We also host discussion groups devoted to the specific needs of the individuals we serve. Goodwill / Easter Seals industry skills training programs, developed in partnership with Minnesota businesses, provide curriculum -based, hands-on training. Current programs serve the automotive, banking / finance, call center, construction and retail industries. Participants acquire soft and technical skills to get jobs and advance in their careers. Goodwill / Easter Seals long-term follow-up and support services help both participants and employers. Our community resources staff provides housing resources, retail vouchers for clothing, medical equipment loans and one-on-one assistance. In 2008, Goodwill / Easter Seals served 22,165 individuals, provided 35,891 services, made 880 job placements with 113 individuals advancing in their careers and generated over 17 million in taxable income by participants who gained employment. Use The tenant will utilize the facility for retailing purposes with the hours of operation being Monday -Friday from 7:30 a.m. to 10:00 p.m. Saturday from 8:30 a.m. to 7:00 p.m. and Sunday from 10:00 am. to 7:00 p.m. These are standard hours of operation and do not take into account various holiday hours which most retailers adjust slightly to better serve the community. The proposed tenant would employ up to 30 employees along with 8-12 participants which are engaging in career training programs. In addition this use works in conjunction with the retailers that exist in the area. Each user will compliment each others product thus assisting in the success of each others interest. Site The proposed project consists of constructing a 20,600 sf retail facility on approximately 2.79 ac site that is being platted into one lot from the current two story office building. The site will have parking in the front and to the south of the store, with a drop off area located along the west side of the building. A loading dock is located in the rear (north) of the building. Parking requirements for this facility are being met by providing 100 parking stalls in the front, rear and to the south of the store. The 100 stalls exceed the minimum city requirement of 82 stalls as defined in section 20-1124 of the Chanhassen City code. The property is zoned BH Highway and Business service district. The property is bordered by a rail road to the north, a Stormwater Pond to the west, State Highway 5 and 7.8 ST to the south, and commercial to the east. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 2 of 4 4839 West 124' Street Savage, MN 55378 . ❑,_ ='0011'19 . Tel. 952-8904364 Fax 952-890-2916 w w w. f e n d I e r p a t t e r s o n. c o m F=3Fendler Patterson CONSTRUCTION A 6 inch water service and sewer service will be constructed into the sw comer of the building. A new water service will be tapped from the existing 8 inch watermain located in the boulevard of 7e Street; the existing sewer stub will be utilized with the addition of two manholes to bring the service into the correct location. Stormwater and drainage will follow the existing drainage patterns from the site, but will provide rate control and treatment of the Stormwater runoff. The existing site drains to the north, southwest and southeast comers of the site. The proposed project will install a storm scepter in the southeast comer of the site to provide solids removal prior to discharging off site, and a couple of filtration basins will be installed along the north and south west corner of the site. This area will improve water quality and rate control to the existing wetland and to the discharge off site to the south. It was the intent to follow the City Engineers advice and route the Stormwater to the existing pond to the west, but when the information on the pond to the west was evaluated it was discovered the 100 yr. high water level was over 3.0 feet above the site of the proposed development. Landscaping The landscaping plan has been developed to be in accordance with Section 20-1176 and subsequent sections. We have provided a five foot high buffer screen along the 78'1' street side of the parking lot to accommodate a 10 ft. parking setback in accordance with City Code Section 20- 715 subsection 6 e. Buffer requirements B and A are met along 78th St and the property to the east respectively. Buffer requirement C is proposed along the West property line. The wetland to the north provides the buffer along this property edge. The following Planting schedule is proposed to meet the minimum buffer requirements. Side Length Canopy Under StoryShrubs South 345 7 14 21 West 295 9 18 27 East 427 5 9 13 Additional plantings have been added as shown on the plans to meet the screening requirements along 78'h street. Parking lot calculations show we have 1.17 ac of parking lot, based on section 20-1181 of the city code we need a landscape area for each 6,000 sf of parking area. This means we need 8.5 landscaped area with one tree for every 250 sf of landscaped area in the parking lot. This requires 7 parking lot trees to be added to the planting list. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 3 of 4 40-1y west 124- Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-890.4364 Fax 952-890-2916 www.fendIerpatterson.com FFendler Patterson CONSTRUCTION Liehtine Site lighting is in accordance with section 20-1123 of the City Code. Lighting levels along the property lines do not exceed 0.5 ft candles in accordance with the code. Architecture The proposed design for the Goodwill Store incorporates architectural elements and finishes from the typical prototype building. The new buildings exterior is proposed to be a combination of a face brick, EIFS (Exterior Insulation Finish System), and colored single score CMU fields and accent elements. Columns with decorative EIFS cornices are used to define the main entry to the facility along with a false entry facing South. All HVAC units on the facility are proposed to be screened from the structures parapets. They are designed high enough to screen all equipment. Sienate Under the current terms of the proposed lease, signage is the responsibility of the Tenant. With that said, typically the Tenant will locate signage over the front entry to the facility and on any face of the building facing major roadways. In addition, various directional signage is located around the development as found on most retail projects. The Tenant is aware that a separate signage permit must be applied for and they are prepared to do so per the requirements of the City of Chanhassen. Closure The applicant respectfully requests the City of Chanhassen support the request for Preliminary Site Plan Review, Preliminary and Final Plat and a minor subdivision for the proposed Goodwill Project. We look forward to joining your community and assisting residents with our mission. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 4 of 4 4839 West 12e Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-8904364 Fax 952-890-2916 www.fendIerpatterson.com City of Chanhassen 7700 Market Boulevard P.O. Box 147 �1mp Chanhassen, MN 55317 �l l ! OF (952) 227-1100 Date: January 10, 2012 Review Response Deadline: January 27, 2012 To: Development Plan Referral Agencies From: Planning Department By: Angie Kairies, Planner I 952-227-1132 Subject: Request for Site Plan Review for a 20,600 square -foot Commercial Building on property zoned Highway and Business Services District (BH) and located at 80 West 78' Street — Center Companies, LLC Planning Case: 2012-03 PID: 25-6860020&25-6860010 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on January 6, 2012. The 60 -day review period ends March 6, 2012. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on February 7, 2012 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than January 27, 2012. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney C. City Park Director d. Fire Marshal e. Building Official L Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. 'Irvin Cities & Western Railroad SCANNED Carver County, MN 15 ir Ir tm 161 INS i8i ��r- I. I � �• � t - _ If •� i! r 1 � ' 1 - Y Disclaimer. Thi3mapwasaeatedusm CaverCounry'sGeographic Map Scale Inlo^nat'on Systema (GIS). A is a compilation of inlormatim antl data hom various Cily,CourM1y, State, arq Federal oRces. This map is nota 1 inch = 207 feet surveyed or legally rammed map antl is intended to be used as a reference, Carver Countyls not responsible for any macwracias mnlainad herein. Map Date 1/10/2012 80 WEST 78TH STREET - PLANNING CASE 2012-03 $700.00 Site Plan $200.00 Notification Sign $150.00 Subdivision (Lot Combination) $50.00 Recording Escrow $1,100.00 TOTAL $1,100.00 Less Check #4751 from Center Companies, LLC $0.00 BALANCE SCANNED CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 01/10/2012 10:43 AM Receipt No. 00177308 CLERK: bethanya PAYEE: Center Companies LLC PO Box 687 Chanhassen MN 55317- 80 West 78th St Planning Case 2012-03 ------------------------------------------------------- Recording Fees 50.00 Site Plan 700.00 Notification Sign 200.00 Subdivision (Lot Combination) 150.00 Total Cash Check 4751 Change 1,100.00 0.00 1,100.00 0.00 SUA14NED MAY -16-1900 04:28 CITY OF CHANHASSEN 7700 Marital Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Hess: Fnp+ owrwr Planning Cess No. Phone: Hii�4 Mx Fax: Vtj VVAQ Phone: 4j9Se a 0030 Fax: seo.e- Email:�rt,"i L...na dCrc, Oda Email: IS A lam: Consultation with City staff is moulmd prior to submittal. Including review of development plans Corrrp sh naive Plan AmavdrnwR Conditionel Use Permit (CUP) Ifft" Use Pemdt (IUP) Non -conforming use Permlt Planned Unit Development' Rezoning Sign Perndq Sign Pion Review _X Site Plan Review (SPR)• Subdtvlabn' Temporary Sales Permit Vsertlon of Rig M- f•Way/EaaarrWte (VAC) (lddUarl recal0h hr iMf'vorY) Verleme (VAR) VVatland Attaratlon Parmlt (WAP) Zoning Appeal Zoning Ordinance Amendment Notffkmftn Sign — $200 (city to in"[ and remove) ,is✓— FeWAtforneY C081' Ei50 CUPJ8pRFiling for JvACNARAW 8 Bounds - $45() Minor SUB TOTAL FEE $- - An addWonsl he of $3.00 per address within the publlc hearing rwtltlemScri area will be Invoiced to Me applicant prior to the pub4c; hesrl .0. 'Fire (5) fuHslza fol&ffi copies of tho plans must be submlttod, including an 9%" X 11" reduced copy for each plan shoot along with a d1akal copy In TIFF -Group 4 ('.tlf) format. "Escrow will be required for other applications through the development contract Building material samples must be submit0ed with site plan revbws. NOTE: When rttuitlple appkabom are processed, tete appropriate foe shall be charged for each aPPlkatlon- CENTER d� COMPANIES, LLC C�ul Real Estate Development— Construction — Asset Management Ben B. Merriman Ccrucr 2025 Coulter Blvd. Suite 215 CP.OPBus 6871 Chanhassen MN 55317 Direct 9524744828 / Cellular: 612-720-9213 / Fax: 9524744826 w'ww'.ceotercompaoies.mm bmerrimanQcentemompanies.com Fm Fendler Patterson CONSTRUCTION Project Narrative 80 West 78th Street 2.79 Acre Site Chanhassen, Minnesota CITY OF CHANHASSEN RECEIVED JAN 0 6 2012 CHANHASSEN PLANNING DEPT Request for: Site Plan Review Approval, Preliminary and Final Plat and a Minor Subdivision, January 5th, 2012 Introduction On behalf of the tenant, the developer is requesting Preliminary Site Plan Review approval along with Preliminary and Final Plat and a minor subdivision for the proposed project. The tenant has several locations around the Twin Cities such as, Woodbury, Maple Grove, Oak Park Heights and Eagan to name a few. Goodwill / Easter Seals Minnesota have been a strong contributor to the development of Minnesota's workforce for more than 90 years. Goodwill / Easter Seals assist people with barriers to education, employment and independence in achieving their goals. Our comprehensive workforce development model helps clients: -Prepare for work -Maintain employment -Train for Employment -Advance in careers -Obtain Jobs -Connect to other community resources Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 1 of 4 4839 West 124' Street Savage, MN 55378 • cic. #20011239 • Tel. 952-890-4364 Fax 952-890-2916 www.fendIerpatterso n. corn SCANNED FaFendler Patterson CONSTRUCTION From 25 locations, Goodwill / Easter Seals 781 employees provide statewide services to Minnesotans with disabilities and disadvantages. We provide paid work experience in our retail stores and corporate headquarters. In addition to our career workforce development model, we offer English Language Learning, mathematics, parenting and life skills classes. We also host discussion groups devoted to the specific needs of the individuals we serve. Goodwill / Easter Seals industry skills training programs, developed in partnership with Minnesota businesses, provide curriculum -based, hands-on training. Current programs serve the automotive, banking / finance, call center, construction and retail industries. Participants acquire soft and technical skills to get jobs and advance in their careers. Goodwill / Easter Seals long-term follow-up and support services help both participants and employers. Our community resources staff provides housing resources, retail vouchers for clothing, medical equipment loans and one-on-one assistance. In 2008, Goodwill / Easter Seals served 22,165 individuals, provided 35,891 services, made 880 job placements with 113 individuals advancing in their careers and generated over 17 million in taxable income by participants who gained employment. Use The tenant will utilize the facility for retailing purposes with the hours of operation being Monday -Friday from 7:30 a.m. to 10:00 p.m. Saturday from 8:30 a.m. to 7:00 p.m. and Sunday from 10:00 am. to 7:00 p.m. These are standard hours of operation and do not take into account various holiday hours which most retailers adjust slightly to better serve the community. The proposed tenant would employ up to 30 employees along with 8-12 participants which are engaging in career training programs. In addition this use works in conjunction with the retailers that exist in the area. Each user will compliment each others product thus assisting in the success of each others interest. Site The proposed project consists of constructing a 20,600 sf retail facility on approximately 2.79 ac site that is being platted into one lot from the current two story office building. The site will have parking in the front and to the south of the store, with a drop off area located along the west side of the building. A loading dock is located in the rear (north) of the building. Parking requirements for this facility are being met by providing 100 parking stalls in the front, rear and to the south of the store. The100 stalls exceed the minimum city requirement of 82 stalls as defined in section 20-1124 of the Chanhassen City code. The property is zoned BH Highway and Business service district. The property is bordered by a rail road to the north, a Stormwater pond to the west, State Highway 5 and 78� ST to the south, and commercial to the east. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 2 of 4 4839 West 124" Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-8904364 w w w. f e n d I e r p a t t e r s o n. c o m Fax 952-890-2916 SCANNED ndl ra P tter�sron CONSTRUCTION A 6 inch water service and sewer service will be constructed into the sw comer of the building. A new water service will be tapped from the existing 8 inch watermain located in the boulevard of 78th Street; the existing sewer stub will be utilized with the addition of two manholes to bring the service into the correct location. Stormwater and drainage will follow the existing drainage patterns from the site, but will provide rate control and treatment of the Stormwater runoff. The existing site drains to the north, southwest and southeast comers of the site. The proposed project will install a storm scepter in the southeast corner of the site to provide solids removal prior to discharging off site, and a couple of filtration basins will be installed along the north and south west comer of the site. This area will improve water quality and rate control to the existing wetland and to the discharge off site to the south. It was the intent to follow the City Engineers advice and route the Stormwater to the existing pond to the west, but when the information on the pond to the west was evaluated it was discovered the 100 yr. high water level was over 3.0 feet above the site of the proposed development. Landscauine The landscaping plan has been developed to be in accordance with Section 20-1176 and subsequent sections. We have provided a five foot high buffer screen along the 78th street side of the parking lot to accommodate a 10 ft. parking setback in accordance with City Code Section 20- 715 subsection 6 e. Buffer requirements B and A are met along 78h St and the property to the east respectively. Buffer requirement C is proposed along the West property line. The wetland to the north provides the buffer along this property edge. The following Planting schedule is proposed to meet the minimum buffer requirements. Side Length Canopy Under Story Shrubs South 345 7 14 21 West 295 9 18 27 East 427 5 9 13 Additional plantings have been added as shown on the plans to meet the screening requirements along 78'h street. Parking lot calculations show we have 1.17 ac of parking lot, based on section 20-1181 of the city code we need a landscape area for each 6,000 sf of parking area. This means we need 8.5 landscaped area with one tree for every 250 sf of landscaped area in the parking lot. This requires 7 parking lot trees to be added to the planting list. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 3 of 4 4839 West 124`" Street Savage, MN 55378 • i ic. x20011 ",Q • Tel. 952-890-4364 Fax 952-890-2916 w w w. f e n d I e r p a t t e r s o n. c o m SCANNED FmFendler Patterson CONSTRUCTION Li htio Site lighting is in accordance with section 20-1123 of the City Code. Lighting levels along the property lines do not exceed 0.5 ft candles in accordance with the code. Architecture The proposed design for the Goodwill Store incorporates architectural elements and finishes from the typical prototype building. The new buildings exterior is proposed to be a combination of a face brick, EIFS (Exterior Insulation Finish System), and colored single score CMU fields and accent elements. Columns with decorative EIFS cornices are used to define the main entry to the facility along with a false entry facing South. All HVAC units on the facility are proposed to be screened from the structures parapets. They are designed high enough to screen all equipment. SiLynaye Under the current terms of the proposed lease, signage is the responsibility of the Tenant. With that said, typically the Tenant will locate signage over the front entry to the facility and on any face of the building facing major roadways. In addition, various directional signage is located around the development as found on most retail projects. The Tenant is aware that a separate signage permit must be applied for and they are prepared to do so per the requirements of the City of Chanhassen. Closure The applicant respectfully requests the City of Chanhassen support the request for Preliminary Site Plan Review, Preliminary and Final Plat and a minor subdivision for the proposed Goodwill Project. We look forward to joining your community and assisting residents with our mission. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 4 of 4 4839 West 120 Street Savage, MN 55378 • Lie X20011,:') . Tel. 952-8904364 Fax 952-890-2916 www. fend Ierpatterson.com SCANNED EEEEaE CONSEXT N CONTRCF OST LFNnTLVT]TaiMlT rnw ui nuM '.ET.rw..TEE. can n�nsXEELE'E dive. W „ w! Ew TEL TET-�10 EM E1 MAKUT r. lfk Y XX. EEEEETmE, .. K n s« IMAbMXHMW,,MI ltl i 1 nM10Y1. 5,Y] n e]v]a�i1Xz']ro ewo m.u.EE [wbR. XX6M1MFxP6F I.j RNX I rtW[MXV. Site Development Plans for 80 W. 78th STREET Chanhassen, Minnesota Presented by: Fendler Patterson Construction VICINITY MAP NO SCALL —SENCNMMNS 'Ll-. bwn oum IxN..r s. un n m.lmmenw. wm nur. ITT ]rv.I Xlx.gm it II4P�w loLnvnx erlM lmw.nrm.Wn !YV •XS1.,� wrfra Client p�ssy Project 80 W. 78TH STREET Location CHANHASSEN, MINNESOTA Certification umma3' ry Revision History Sheet Title TITLE SHEET Sheet No. Revision C1.01 Project No. FEN19169 e _ i 2u E°13z Ediyea =z t vDz z vN id v L HE o' m¢2 as 11 Y \ Vin' SII 39 Sa3 5 -[Y o SSi Ei ei'e� lL, [e� �Y� F o W L gffp Cs F N O c Rt {{ etc gAN 3 d �' i-8 `$ t! 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Vila i ff gg ;7 19l9 IM if it g t � ((1 it ; ° �tl �� 1(19e;a (i � '• �iisl i (i�l 9�i I'll E 71(7311fill 7 e j1 RI r ((i�E al �► 111111 hilt . i Aa:a ° ii :7(a a; i;.; PP el1.9 Etae A �ei�4i 1R tltl�i � c �IstYili6i4�9( -. � o 90 9 �' �.(iLei8�5c?18:i?�114`tla9i`dl. m �` Ou �Ig Fill.=t' 1 o p azi=1{LzZ Lei E i• 3 1 daP {t a ( 11 �!A 6 E° f ja adl 16('t3€d i i '114 (1 11 7 it tE ��70 ti s 9§-t i ttOi! {i� Ijll ! ! vl 911 i,il 4t - t1�t9�ig �( ( 7 N- 1! Vila i ff gg ;7 19l9 IM if it g t � ((1 it ; ° �tl �� 1(19e;a (i � '• �iisl i (i�l 9�i I'll E 71(7311fill 7 e j1 RI r ((i�E al �► 111111 hilt . i Aa:a ° ii :7(a a; i;.; PP el1.9 Etae A �ei�4i 1R tltl�i � c �IstYili6i4�9( -. � o 90 9 �' �.(iLei8�5c?18:i?�114`tla9i`dl. m �` Ou a ^ ^'• - HVia noou Ammmdd Q osxxmw3nM' AMUS H12L ISM 09 C a SHOUVA313 Mo1M31X3 MY 04 i caws wea 46 q y W d 133X15 H181 153M099 O „ ��11,� III = IIIIIIiI_ in.e IkeIm L.,. III s' iii ;: is III III; Ilw.i_�I■1 111.. III e€p■1 Uo.•°sere I�� So II■"�ii€11■t III u: eee — �I1:11 211■ 1 . s..n e� •_ :@: _ �If c, III .�: III FIRM � --: o o 0 © SIGNAGE BYTENANT SIGNAGE BYTENANT PREFINISHED FLUSH SE METAL PANEL CANOPY PREFINISHED METAL CAP FLASHING STUCCO COLOR 1 STUCCO COLOR 2 SINGLE -SCORE BURNISHED CMU UTILITY FACE BRICK 1"INSULATED ALUMINUM GLAZING PREFINISHED METAL CAP FLASHING STUCCO COLOR SINGLE -SCORE BURNISHED CMU UTILITY FACE BRICK 1"INSULATED ALUMINUM GLAZING 1-4-2012 PREFINISHED METAL CAP FLASHING STUCCO COLOR 1 SINGLE -SCORE BURNISHED CMU UTILITY FACE BRICK PREFINISHED METAL CAP FLASHING STUCCO COLOR SINGLE -SCORE BURNISHED CMU UTILITY FACE BRICK Fendler Patterson c; L Shamla, Joe From: Steven Gebauer [SGebauer@mfra.com] Sent: Thursday, September 20, 2012 3:50 PM To: Shamla, Joe; Imonson@fendlerpatterson.com Cc: Michael C. Brandt Subject: RE: 80 west 78th Attachments: DSCN0276.JPG; DSCN0277.JPG; DSCN0279.JPG; DSCN0281.JPG; DSCN0282.JPG; DSCN0283.JPG; DSCN0284.JPG; DSCN0285.JPG; DSCN0286.JPG Lee and Joe, I visited the site this afternoon. My main objective was to inspect the Treatment Manhole. Please see attached pictures of the installed device. The device is not a Stormceptor brand, but rather an Eco -Storm brand. They are both acceptable treatment manholes from my experience. Based on my measurements, the water level in the manhole was about 4.5 feet down from the casting. The concrete ring is about 3 feet down from the casting. The standpipe is about 2.4 feet below the casting. Based on diagrams, Eco -Storm literature, and inspection, the treatment manhole is accepted by MFRA. Regards, Steve Gebauer, PE (MN), MBA Project Manager MFRA, Inc. 1 14800 28'h Ave N, Ste. 140, Plymouth, MN 55447 1 www.mfra.com (763) 259.6003 Phone 1 (763) 476.8532 Fax I scebauerComfra.com From: Hoese, Doug[mailto:dhoeseaci.chanhassen.mn.usl Sent: Thursday, September 20, 2012 10:13 AM To: lee monson Cc: Mohn, Jerry Subject: 80 west 78th Good morning Lee. Thank you for the email. I looked at the attachment with your email. The sales and service counter plans will be approved as submitted. Thank you for submitting the Engineers approval of the overhang design. Some items that are still required from that inspection. The final summary report from the special inspection provider is required. I have attached the code section 1704.2.2 that requires the fabricator to submit a certificate of compliance to the building official at completion of the job. Also required are other items as noted on the report. I have enclosed the Engineering Department report of his inspection. I dropped off a hard copy on 9/17/12 and put it with the permit inspection card. Here are the engineering related items remaining. 1. ADA ramp adjacent to entrance is cracked and needs to be replaced. 2. The roof drain outlet to the pond needs riprap. 3. The storm pipes in the outlet structure need to be grouted. 4. The drainage in the southeast corner of the site does not go to an inlet. S. The street must be patched at the connection to the new concrete apron. 6. MFRA to check the stormceptor for proper installation. Thanks, Joe Joseph Shamla PE City of Chanhassen Project Engineer 952-227-1165 If you have any questions, please call me. Thank you. Doug Hoese City of Chanhassen 952-227-1194 Royal Environmental Systems, Inc. Royal �� P.O. Box 430 k!JRgHRISFS WE RICA 30622 Forest Blvd Stacy, MN 55079 (651) 462-2130 FAX: (651) 462-6990 Hydrodynamic Separator (HDS) Equivalent Sizing Methodology Increasing use of Hydrodynamic Separators (HDS) coupled with limited data on the performance of HDS units recently prompted the Minnesota Local Road Research Board (LRRB) and Twin Cities Metropolitan Council to retain the services of the University of Minnesota's Saint Anthony Falls Laboratory (SAFL) to develop a universal approach for predicting the performance of HDS treatment devices. In July of 2007, SAFL released a report 1,2 that summarizes the test results of several HDS units and introduced the Peclet number, a dimensionless parameter used to predict HDS device performance: Peclet (P) = vsQ d (Eq. 1) Where: • Vs = particle settling velocity • h & d = length scale factors (typically sump depth and diameter) • Q = flow rate Each HDS unit was tested using the same methodology of recording removal efficiencies of various particles of known size at various flow rates. Each variant of the particle size and flow rate produced a separate Peclet number that was then plotted against the corresponding removal efficiency. A curve was then fit to the data that was defined by a singular equation. By performing the testing and summarizing the results using the SAFL methodology, a designer is able to accurately predict the removal efficiency for any particle size (or particle size distribution) at any flow rate. The Peclet number is also a similarity equation, allowing the designer to accurately adjust the size of HDS unit to meet specific requirements. Figure L HDS removal efficiencies vs. Peclet number. J Wilson, M. A., Gulliver, J. S., Mohseni, O., Hozalski, R. M., "Performance Assessment of Underground Stormwater Treatment Devices," University of Minnesota, St. Anthony Falls Laboratory (SAFL), Minneapolis, MN, July 2007 & Journal of Hydraulic Engineering, American Society of Engineers, May 2009 2 Downstream Defender testing results from the SAFL were not made public by Hydro International. The testing curve shown was determined from the Sizing Hydrodynamic Separators and Manholes (SHSAM) software, which utilizes the SAFL testing results and is available for download from the Barr Engineering website. TODAY by gtarTOMORROW www.royalenterprises.net 651-462-2130 • 800-817-3240 "Innovative technological products revolutionizingstormwaierpollution control" Royal � �J� Royal Environmental Systems, Inc. EtJi ERiRRES AMERICA' ,r The findings in the SAFL report can also be utilized to provide a simple and accurate method for direct comparison between any of the HDS units tested. The similarity component of the Peclet equation allows for direct comparison of HDS unit dimensions when the removal efficiencies, flow rates, and particle size or particle size distributions are equal for each unit. The equations below show how the Peclet number can be used for direct comparison between Unit X and Unit Y. We start with the Peclet equation for Unit X. P. = vs hx dx (Eq. 2) Q Rearranging Eq. 2 to solve for the flow rate (Q) gives us: Vs'hx'dx Q = (Eq. 3) PX At equal flow rates, Eq. 3 can be used to compare Unit X and Unit Y. Q = Vs hhdx =V s by dy (Eq. 4) Px Py Assuming that the particle size, or particle size distribution, targeted for removal is equal, VS drops out of the equation: hydx _ hy-dy (Eq. 5) Px Py Given equal removal efficiencies, flow rates, and particle sizes or particle size distributions, Equation 5 can be used to determine the equivalent size of Unit Ywhen the dimensions of Unit X are known: • h„ = known length dimension of UnitX (typically sump depth) • dx = known length dimension of Unit X (typically structure diameter) • Px = Peclet number for Unit X at the given removal efficiency, calculated using the device specific equation • Py = Peclet number for Unit Y at the given removal efficiency, calculated using the device specific equation • dy = unknown length dimension of Unit Y(typically structure diameter) • by = unknown length dimension of Unit Y (typically sump depth) The two unknowns, dy and hy, can be solved by assuming a value for dy, then solving for hy. If by is determined to be too large, a larger dy is assumed, then by is recalculated. This process is repeated as necessary until an appropriately sized equivalent is determined. TODAY by llii iItg—TOMORROW �+�+�+.royalenterprises.net 651-462-2130 800-817-3240 "Innovative technological products revolutionizing stormwater pollution control" ecoStorm Stormwater Treatment System Equivalent Sizing Calculation Date: 4/3/2012 Revised: 12 Project: GOODWILL Location: CHANHASSEN, MN Engineer: MFRA Client: GOODWILL Contractor: TBD Approved Manufacturer: Royal Concrete Pipe, Inc. Prepared by: Lance Hoff, P.E. Structure ID Specified HDS Unit Specified Model # Water Quality Flow Rate— Peak Flow Rate— Peak Flow Return Period— Treatment Goal Sump Depth (h,) Structure Diameter (d.) Outlet Pipe Diameter Target Removal Efficiency Device Specific Peclet # at Rem. Eff. (P,) Equivalent HDS Unit Device Specific Peclet # at Rem. Eff.' (Py) Equivalent Model # Structure D7 Inside Diameter Structure D2 Outside Diameter / Structure Equivalent Diameterz (dy) I Calculated Sump Depth (h y) Project Data STORMCEPTOR STORMCEPTOR 450i N/A cfs N/A cfs N/A yr 80% TSS Rem. Unit X (specified) Input Data 60.0 in 4 ft 12 in 80 % 1.761 Unit Y (equivalent) Input Data ecoStorm 1.064 0.75 5 ft 31.5 in 4.256 ft Unit Y - Output Data 34.1 in RGb ftal ENVIRONYSTEMS, Inc. A Division of Royal Enterprises America 9/25/2012 Treatment Unit Comparison Corporate Office: 30622 Forest Blvd P.O. Box 430 Stacy, MN 55079 Phone: 651-462-2130 Fax: 651-462-6990 www.rovalenterprises.net lance hoff(a)rovalenterprises.net ecoStorm" Uabk., tileel . nhenb. Nate W. RM..{Wrk1w Twit APE -f4 w.�e.. i� oa-o.e� Pcerd... rl�e TEE ma, ll.i.Ma 1i . Drvee.lu irrp.0 n.dlb. Notes: 1) Performance based on results from: Mohseni, 0., Fyten, A. 'Performance Assessment of Modified ecoStorm Hydrodynamic Separator," University of Minnesota, St. Anthony Falls Laboratory, Minneapolis, MN, November, 2008 httD:/Ihome.safl.umn.edu/bmackay/ pub/i)r/pr495B.pdf 2) Per the above referenced document, the ecoStorm d y is defined as the square root of the difference between the squares of the D1 inside diameter and the D2 outside diameter. Notice of Public Hearing �3 Chanhassen Planning Commission Meeting Date & Time: Tuesday, July 17, 2012 at 7:00 P.M. This hearing may not start until later in the evenin , depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for parking lot setback variance on property zoned Highway and Business Services District BH Applicant: Ben Merriman, 80 West 7r Street, LLC Property 80 West 78" Street Location: A location map is on the reverse side of this notice. 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 What Happens I public hearing through the following steps: at the Meeting: 11. Staff will gine an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. Public hearing is closed and the Commission discusses I4. the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2012-03. If you wish to talk to someone about this project, please contact Bob Generous by Questions & emaii at bgenerous(fti.chanhassen.mmus or by phone at Comments: 952-227-1131. If 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 Planning Commission meeting. City Review Procedure: • Subdivisions. Planned unit Developments, Site Plan Reviews. Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested parry is it vited to attend the meeting. • Staff prepares a repon on the subject application that includes all pertinent information 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 recommendation. The item w.11 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 City Council. The City Council may reverse, affirm or modify Wholly or parry the Planning Commission's recommendation. Rezonings. land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all apilications to be processed within 60 days unless the applicant 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 spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet With the neighbomcod regarding their proposal. Staff is also available to review the project with any interested persons) • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application «ill be included in the report to the City Council. If you wish to have SCANNED RFTIRN0TO NO SUCH 17D14747 CITY OF CNANllASSEN 77nn r r OO 07/06/12 R R -03973 13 -05-40 BC: 553 Daum. 1.r+11r,tg911aax1lltxree111 r9e,11te1111�r11ru1111e!� Disclaimer t111 u11 This map is neither a legally _... ,,,dp 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 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §488.03, 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, indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which adse out of the user's access or use of 049JB2036654 $ 00.450 v 07/05/2012 Mailed From 55317 US POSTAGE JBJ WINE HOLDINGS LLP VSID OlEST 78TH STREET 1 PO BOX 31 LFFRNMASSEN MN 55317 data provided. _,FJ3 ir?i jM)150'.:;3 L 1 I„ 6 i,,.li,,,III I III,,,,, II,.„III,„L, I III„ d11,,,1 SCANNED CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No.r_�Ola.-0-'o CITY OF CHANHASSEN RECEIVED JAN 0 6 2012 ruA6uu ,o ,—. PRINT— - Applicant Name and Address: Property Owner Name and Address: Ctrtcv- C=omoa�a_SLf LLC- M PA .LGMPA FL. 3a96� Contact:_B v-\ Contact:Gl:VV8r,d. L. Phone:_y}y ysa Fax:_ 1/7q y$A(. Phone: j3A 564 00'9 Fax: saw, _ Email:�pmcv�v�;vr�c,v�eOrv��cryr�orr�Crt.Co Email: N+A NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit ((UP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review X Site Plan Review (SPR)' S00 + cZoo v Subdivision' /,+ &.4''4''i;' ISCD Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment 4/ Notification Sign$200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost" $50 UP/ACNAR/WAP/Metes 8 Bounds 50 Minor SUB TOTAL FEE$ L I OD-" AJ C44OSI 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. `Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital 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. PROJECT NAME: 90 W «-� 1 $4�1 LOCATION: 20 Qtck LEGAL DESCRIPTION AND PID: Sc�o,n 1� \owv�S�•�11(0 �av�uLO73 R1559Tr� B 2S6g('.o0a0 i>r 2562(60010' 56860010 TOTAL ACREAGE: WETLANDS PRESENT X YES NO PRESENTZONING: 4Cq�%wcw a�CL �uS\hec REQUESTED ZONING: No C 4`Glt- PRESENT LAND USE DESIGNATION: C ornm cy c t a� REQUESTED LAND USE DESIGNATION: NO C.�&C-v :. ` REASON FOR REQUEST: Ne—W Cr,'A' �QCA\'O'V\ FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: 3() 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. - /- S4nZity!§:aA(Yplicant Date Signature of Fee Owner Date 9:�pla \for Wevelopment review applic tion.cl c 11AY-16-1500 04:2B Phone: Email: CITY OF CHANHASSEN 7700 Marital Boulevard — P.O. Box 147 Chanhassen, MN 55317 – (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Email: m A— P.01 Planning Cage No, H919: Consultation with City staff is r•aulled prior to submittal. Including review of development plant OompreMnsivs Plan Amernfrnwo Conditional Use Permit (CUP) Irrterim use Perera (lup) iron-conformN uae Permlt Planned Unit Deralpprnant- Rezonlrig sign Permit Sign Pion Review --z— Site Plan Rewbw (SPR)• Sub0tvlsiW Temporary Sales Per -it Vacation of IUgtdor•way/Esarr>errb (VAC) tiaauoo.l acoreirp t... m.r vNri Variance (VAR) Wetland Artaratfon Pan*Nt (WAP) Zoning Appeal Zoning Crdlname Amerrdmem Notftmftn Sten – $200 (City to Install and rymovv) X_ Escrow for Filing FeWAttomsy Cost' SW WPISPR/VACNARNOPlhtetes a Bounds $450 Minor SUB TOTAL FEE $ An addltlonal he of $3.00 per address within the public hawing rPOWIcatlon area will be invoiced to the appliant prior to the public hearing. 'Five (5) futkUm &J&d topica of the plans must be submitted. Including ort 9%" X 11" reduced copy for each plan shoot along with • dlaf el aovtr In TIFF -Group 4 (•.ttf) format. "Escrow will be required for other applications through the developrnent contract. Building material samplers must be submitted with of plan reviews. NOTE: When frwidple applications are processed, the appropriate fee shall be charped for each applkadort_ MAY -16-1900 04:28 P•02 PROJECT NAME' SOW -&%A LOCATION: %Q QL4:k LEGAL DESCRIPTION ANO PID, Sc 1- wv% n O n "ur%13�,16 Rio. -1160263 0.1.5 Tr B as(wv210 A 25y8 (00010 TOTALACREAM: YYETLANDE PRESENT: X YES NO PRESENTZOMNC: Vk?! kw" 4vva SuS�v6wss REQUESTED ZONING: Um PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: 1O C-R` aC, - REASON FOR REQUEST' llf W Cwy!A2& `WCA %',M FOR Sfl'E PLAN REVIEY1t Indu le number of voutrg employers: and new wrp>ayeee: ag Tltt 4*11csson MM be Cal, s/ed In tut and be Mmmtflsn or dearly Pnnisd and "Met be gwwW%nmd by all IMOrtrn w and plasm nsquIrsd by appicable City Ordlinanoe povlebnv. Bsbro MM tMe sppli atbn, you should confer with me POwhntng Dspw"wt 10 09W., 0r the specific omlinance and Mosdurs mqudemenb spplicstob b your applics n. A detemHneYon of aornpleteneve of Me apptkallon"be made wftm 15 business date of eppkmftn subrrW. A rwlllen notice orapp%mdon Oaselendss shay be mailed to Ow apparent within 16 "It t . days of sPplicown. Two is b cer* that I arm mojf p application for the dew bed action by the City and dot 1 an res0ornwbls for 0MVINinp with el C*j requinsi wft reffad to Ohs retfiest. This app6a6on should be Pr00sssad In my nary and I am One Party whom the Cb Mohd cont.d w4W&V any ngift pertr**V to this application. I have 11 Cl a CPY Of proof Of ownentrp (aster CM of 0wnah DupkWb CerViCai1 of TJW AbWoot of Tale of purchase apraement), or l am dw &A IN as 1 porsnn to malre this apPftmWn and Ota Lasa Owner hes set sighed thin appacatIon. I will keep nryasM 1,1110111 Of TO - IN for submission of material and Me pmWmm Of 11118 apPaorW I fUnher underVAnd that addsonm fees may be char9e0 for conwitinp fee+, ka@Wb sbudes. etc. wnh an esdmfte Odor to sm suthor4stbn to prop! Od with ft study The dom lents and 1AorrneW I have submilfed oro true and oorrect to o» best Of my, krmw%fto !U( L- c"-*Jt,7 Sig1a68�e0tFaa0lMta CL'�aa1WF:fe�;n - - sb w.ewswbaejms- Dab 1141); - Dim 3 rz,Dab FjFendler 3 Fait ::on CONSTRUCTION Project Narrative 80 West 78th Street 2.79 Acre Site Chanhassen, Minnesota CITY OF CHANHASSEN RECEIVED JAN 0 6 2012 CHANHASSEN PLANNING DEPT Request for: Site Plan Review Approval, Preliminary and Final Plat and a Minor Subdivision, January 5th, 2012 Introduction On behalf of the tenant, the developer is requesting Preliminary Site Plan Review approval along with Preliminary and Final Plat and a minor subdivision for the proposed project. The tenant has several locations around the Twin Cities such as, Woodbury, Maple Grove, Oak Park Heights and Eagan to name a few. Goodwill / Easter Seals Minnesota have been a strong contributor to the development of Minnesota's workforce for more than 90 years. Goodwill / Easter Seals assist people with barriers to education, employment and independence in achieving their goals. Our comprehensive workforce development model helps clients: -Prepare for work -Maintain employment -Train for Employment -Advance in careers -Obtain Jobs -Connect to other community resources rolect Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 1 of 4 4839 West 124" Street Savage, XIIN 55378 • Lic. #20011239 • Tel. 952-8904364 Fax 952-890-2916 w w w, f e n d l e r p a It t e r s o n. c o m lr' Introduction On behalf of the tenant, the developer is requesting Preliminary Site Plan Review approval along with Preliminary and Final Plat and a minor subdivision for the proposed project. The tenant has several locations around the Twin Cities such as, Woodbury, Maple Grove, Oak Park Heights and Eagan to name a few. Goodwill / Easter Seals Minnesota have been a strong contributor to the development of Minnesota's workforce for more than 90 years. Goodwill / Easter Seals assist people with barriers to education, employment and independence in achieving their goals. Our comprehensive workforce development model helps clients: -Prepare for work -Maintain employment -Train for Employment -Advance in careers -Obtain Jobs -Connect to other community resources rolect Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 1 of 4 4839 West 124" Street Savage, XIIN 55378 • Lic. #20011239 • Tel. 952-8904364 Fax 952-890-2916 w w w, f e n d l e r p a It t e r s o n. c o m - -- - Fendler FPatterson CONSTRUCTION From 25 locations, Goodwill / Easter Seals 781 employees provide statewide services to Minnesotans with disabilities and disadvantages. We provide paid work experience in our retail stores and corporate headquarters. In addition to our career workforce development model, we offer English Language Learning, mathematics, parenting and life skills classes. We also host discussion groups devoted to the specific needs of the individuals we serve. Goodwill / Easter Seals industry skills training programs, developed in partnership with Minnesota businesses, provide curriculum -based, hands-on training. Current programs serve the automotive, banking / finance, call center, construction and retail industries. Participants acquire soft and technical skills to get jobs and advance in their careers. Goodwill / Easter Seals long-term follow-up and support services help both participants and employers. Our community resources staff provides housing resources, retail vouchers for clothing, medical equipment loans and one-on-one assistance. In 2008, Goodwill / Easter Seals served 22,165 individuals, provided 35,891 services, made 880 job placements with 113 individuals advancing in their careers and generated over 17 million in taxable income by participants who gained employment. Use The tenant will utilize the facility for retailing purposes with the hours of operation being Monday -Friday from 7:30 a.m. to 10:00 p.m. Saturday from 8:30 a -m. to 7:00 p.m. and Sunday from 10:00 am. to 7:00 p.m. These are standard hours of operation and do not take into account various holiday hours which most retailers adjust slightly to better serve the community. The proposed tenant would employ up to 30 employees along with 8-12 participants which are engaging in career training programs. In addition this use works in conjunction with the retailers that exist in the area. Each user will compliment each others product thus assisting in the success of each others interest. Site The proposed project consists of constructing a 20,600 sf retail facility on approximately 2.79 ac site that is being platted into one lot from the current two story office building. The site will have parking in the front and to the south of the store, with a drop off area located along the west side of the building. A loading dock is located in the rear (north) of the building. Parking requirements for this facility are being met by providing 100 parking stalls in the front, rear and to the south of the store. The] 00 stalls exceed the minimum city requirement of 82 stalls as defined in section 20-1124 of the Chanhassen City code. The property is zoned BH Highway and Business service district. The property is bordered by a rail road to the north, a Stormwater pond to the west, State Highway 5 and 78'� ST to the south, and commercial to the east. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 2 of 4 4839 West 1246 Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-890.4364 Fax 952-890.2916 w w w. f e n d I e r p a t t e r s o n. c 0 in F=3Fendler Patterson CONSTRUCTION A 6 inch water service and sewer service will be constructed into the sw corner of the building. A new water service will be tapped from the existing 8 inch watermain located in the boulevard of 780' Street; the existing sewer stub will be utilized with the addition of two manholes to bring the service into the correct location. Stormwater and drainage will follow the existing drainage patterns from the site, but will provide rate control and treatment of the Stormwater runoff. The existing site drains to the north, southwest and southeast comers of the site. The proposed project will install a storm scepter in the southeast comer of the site to provide solids removal prior to discharging off site, and a couple of filtration basins will be installed along the north and south west comer of the site. This area will improve water quality and rate control to the existing wetland and to the discharge off site to the south. It was the intent to follow the City Engineers advice and route the Stormwater to the existing pond to the west, but when the information on the pond to the west was evaluated it was discovered the 100 yr. high water level was over 3.0 feet above the site of the proposed development. Landscaoine The landscaping plan has been developed to be in accordance with Section 20-1176 and subsequent sections. We have provided a five foot high buffer screen along the 78 h street side of the parking lot to accommodate a 10 ft. parking setback in accordance with City Code Section 20- 715 subsection 6 e. Buffer requirements B and A are met along 78th St and the property to the east respectively. Buffer requirement C is proposed along the West property line. The wetland to the north provides the buffer along this property edge. The following Planting schedule is proposed to meet the minimum buffer requirements. Side South -Lenglh 345 Canopy 7 Under Story 14 Shrubs 21 West 295 9 18 27 East 427 5 9 13 Additional plantings have been added as shown on the plans to meet the screening requirements along 780' street. Parking lot calculations show we have 1.17 ac of parking lot, based on section 20-1181 of the city code we need a landscape area for each 6,000 sf of parking area. This means we need 8.5 landscaped area with one tree for every 250 sf of landscaped area in the parking lot. This requires 7 parking lot trees to be added to the planting list. rrolect Narrative 80 West 78th Street, Chanhassen, MN 4839 West 124' Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-890-4364 www.f9nd19rpatterson.com January 5, 2012 Page 3 of 4 Fax 952-890-2916 Fendler Patterson CONSTRUCTION Liphtine Site lighting is in accordance with section 20-1123 of the City Code. Lighting levels along the property lines do not exceed 0.5 ft candles in accordance with the code. Architecture The proposed design for the Goodwill Store incorporates architectural elements and finishes from the typical prototype building. The new buildings exterior is proposed to be a combination of a face brick, EIFS (Exterior Insulation Finish System), and colored single score CMU fields and accent elements. Columns with decorative EIFS cornices are used to define the main entry to the facility along with a false entry facing South. All HVAC units on the facility are proposed to be screened from the structures parapets. They are designed high enough to screen all equipment. Sienaee Under the current terns of the proposed lease, signage is the responsibility of the Tenant. With that said, typically the Tenant will locate signage over the front entry to the facility and on any face of the building facing major roadways. In addition, various directional signage is located around the development as found on most retail projects. The Tenant is aware that a separate signage permit must be applied for and they are prepared to do so per the requirements of the City of Chanhassen. Closure The applicant respectfully requests the City of Chanhassen support the request for Preliminary Site Plan Review, Preliminary and Final Plat and a minor subdivision for the proposed Goodwill Project. We look forward to joining your community and assisting residents with our mission. Project Narrative 80 West 78th Street, Chanhassen, MN January 5, 2012 Page 4 of 4 4839 West 124'" Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-890-4364 Fax 952-890-2916 w w w. f e n d I e r p a t t e r s o n. c o m City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 MTOF (952) 227-1100 COMSEH Date: January 10, 2012 Review Response Deadline: January 27, 2012 To: Development Plan Referral Agencies From: Planning Department By: Angie Kairies, Planner I 952-227-1132 Subject: Request for Site Plan Review for a 20,600 square -foot Commercial Building on property zoned Highway and Business Services District (BH) and located at 80 West 78' Street — Center Companies, LLC Planning Case: 2012-03 PID: 25-6860020&25-6860010 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on January 6, 2012, The 60 -day review period ends March 6, 2012. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on February 7, 2012 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than January 27, 2012. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Directory d. Fire Marshal e. Building Official 7 E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint(United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacvm 12. CenterPoint Energy Minnegasco 13. Twin Cities & Western Railroad Carver County, MN s( 1P40 '� s' �•` .,fly Y��. •. Y 'q ke,.Jr 1 ." A Disclaimer This map was created using Carver County's Geographic mu,, tim Systems IGIS), d is a compdatim of information and data from va, C' Y, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsibb fa any ioac uraaes contained herein. mm Map Scale 1 inch = 207 feet Map Date 1/10/2012 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 7/24/12 2012-03 ATTENTION Carole Hoeft RE: Document Recording M Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 2/27/12 12-03 CORRECTED Site Plan Permit 2012-03 for Goodwill (80 West 78 Street ❑ FORBIDS DUE For Recording ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Ben Merriman, 80 West 7e Street, LLC copies for approval copies for distribution corrected prints SIGNE Kim Meuwiss n, (952) 227-1107 SCANNED If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN SITE PLAN PERMIT # 2012-03 80 WEST 78t° STREET SPECIAL PROVISIONS AGREEMENT dated February 27, 2012, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and 80 West 78h Street, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 20,600 square -foot, one-story, commercial retail building (referred to in this Permit as the "project"). The land is legally described as Registered Land Survey 59, Tracts A and B. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: Site Plan prepared by MFRA, Inc., dated 1/04/2012. Plan B: Grading, Drainage and Erosion Control Plan prepared by MFRA, Inc., dated 1/04/2012. Plan C: Landscaping Plan prepared by MFRA, Inc., dated 1/05/2012. Plan D: Utility Plans prepared by MFRA, Inc., dated 1/04/2012. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 1, 2012. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall famish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Ben Merriman 80 West 78'" Street, LLC 2025 Coulter Boulevard, Suite 215 Chanhassen, MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a site plan for a 20,600 square -foot, one-story, commercial retail building subject to the following conditions: a. Building Official 1) A demolition permit is required for the removal of any existing structures. 2) Complete construction plans must be prepared and signed by design professionals licensed in the State of Minnesota 3) The building is required to have an automatic fire extinguishing system. 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. b. Forester 1) The line of shrubs along the parking lot on the south property line shall be extended to provide a buffer for the length of the parking area. The plantings can be incorporated into the rain garden. 2) The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. 3) The applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest comer of the building. 2 c. Water Resources 1) No final approval of the proposal may be given without the review and approval of the drainage plans and calculations. 2) The curb cuts must be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. 3) Additional topographic information is required in the area between the two existing ponds in order to determine the emergency overflow (EOF) elevation of the pond to the west. 4) The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest comer of the drop-off drive in order to properly divert the EOF water. 5) Correct the elevations on the filtration basin cross section on page C4.01. 6) The filtration basin will be privately owned and maintained. A maintenance agreement will be required by the City. d. Engineering 1) Erosion control phasing Gantt chart will need to be completed prior to earth - disturbing activities. 2) The swale along the western property boundary will need to be stabilized per Part N. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet with 24 hours of connection to a surface water.) 3) Grading should be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed. e. Planning 1) The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. 2) The applicant shall provide future circulation information to the easterly properties prior to council approval. When the parcel to the east redevelops, then the vehicular accesses shall be constructed. 3) The articulation of the building shall be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. 4) The elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. 5) The fenestration and architectural detailing on the west elevation shall be increased. 6) The architectural detailing and columns shall be continued along the north elevation. 7) Should an exterior trash enclosure be necessary in the future, it shall be screened and constructed with similar materials to the building. 8) All signage shall comply with City Code and requires a separate sign permit application. 9) The applicant shall provide a bike rack. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITY O? E(� BY: r lr Thomas A. Furlone. N Gerhardt, City Manager STATE OF MINNESOTA ) (sS COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this IPS day o 2012, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the of sen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. I,A^�---- KAREN I ENGELHARDT Notary Public -Minnesota M Commwwm E>�Ires Janes 3AM STATE OF MINNESOTA ) ( ss. COUNTY OF CA rY,e r ) 80 West 78" Street, LLC The foregoing instrument was acknowledged before me this day of 2012 by Ben Merriman, Chief Manager of 80 West 78`s Street, LLC, a Minnesota Limit Liability Company, on its behalf, NOTARY PUB C DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 "rte KIM T. MEUWISSEN ?' Notary Public -Minnesota My Canmission Expires Jan 31, 2015 CITY OF CHANHASSEN SITE PLAN PERMIT EXIIIBIT "A" GENERAL CONDITION L Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attomeys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Pemrit, including engineering and attomeys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for pemrission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City s failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recordine. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every N right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws Ordinances. and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 7 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of 20 a STATE OF MINNESOTA ) (sS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20� by NOTARY PUBLIC DRAFT® BY: City of Cr,aoha 7700 Macke.[ Boukvatd P. O. Box 147 ChanhnecT., Mrd 55317 (952) 227-1100 MORTGAGE BOLDER CONSENT TO SITE PLAN AGREEMENT ,0Yvnrvnk,v, 1k }� r -%kc C-oyr-06y-a �Gy-) which holds a mortgage on the subject property, the elopment of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in fiill force and effect even if it forecloses on its mortgage. Dated this 7 day of STATE OF MINNESOTA ) COUNTY OF& AV ) ( ss. The 20,,E by — DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 was acknowledged before me this day ofd_, 4z AL�� WOTAKY PUBLIC 3a NICOLE L RISTOW-AKRIDGE 3 Notary PublioMinnesota 1M Commissim EV: Jen 31, 2018 Li CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 7/24/12 2012-03 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ o COPIES DATE NO. DESCRIPTION 1 7/17/12 12-03 Parking Lot Setback Variance - 80 West 78 Street Goodwill site ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return M For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Ben Merriman, 80 West 78'" Street LLC copies for approval copies for distribution corrected prints SIGNED: �1�41 r Kim Meuwis n, (952) 227-1107 If enclosures are not as noted, kindly notify us at once. SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2012-03 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: A 10 -foot parking lot setback variance to permit parking at the right-of-way easement as shown on the plans prepared by MFRA dated July 6, 2012. 2. Property. The variance is for property located at 80 West 780' Street in the City of Chanhassen, Carver County, Minnesota, and legally described as RLS 59, Tracts A and B. 3. Condition. The variance approval is subject to the following conditions: a. The monument sign must comply with City Code and the required setback and may not encroach into any easements. b. The applicant shall update the plans to show the proposed parking stalls and make changes to plans according to staff redlines. c. The applicant shall obtain an encroachment agreement with the City to construct the parking lot within the City watermain easement. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: July 17, 2012 W Wra n. ;_u, . _. M (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Thomas A. Furlong, Todd Gerhardt, City Manager The foregoing instnunent was acknowledged before me this a3 day of.,sk) 2012 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. ) DRAFTED BY: 1 NOTAR PUB C City of Chanhassen 7700 Market Boulevard KIM T. MEUWISSEN P.O. Box 147 ? _ Notary Public -Minnesota Chanhassen, MN 55317 ` MY Commis on Expires Jan 31, 2015 (952)227-1100 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 4/30/12 2012-03 ATTENTION Sue Nelson RE: Document Recording M Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 2/27/12 12-03 Site Plan Permit 2012-03 for Goodwill (80 West 78,nStreet 1 4/17/12 Carver County Application to Combine Real Estate Parcels FOR BIDS DUE THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections M For Recording ❑ Resubmit copies for approval ❑ Submit ❑ Return ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Ben Merriman, Center Companies, LLC 0 N enclosures are not as noted, kindly notify us at once. copies for distribution corrected prints 227-1107 sCANNEo CITY OF CHANHASSEN SITE PLAN PERMIT # 2012-03 80 WEST 78"STREET SPECIAL PROVISIONS AGREEMENT dated February 27, 2012, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Center Companies, LLC (the 'Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 20,600 square -foot, one-story, commercial retail building (referred to in this Permit as the "project"). The land is legally described as Registered Land Survey 59, Tracts A and B. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: Site Plan prepared by MFRA, Inc., dated 1/04/2012. Plan B: Grading, Drainage and Erosion Control Plan prepared by MFRA, Inc., dated 1/04/2012. Plan C: Landscaping Plan prepared by MFRA, Inc., dated 1/05/2012. Plan D: Utility Plans prepared by MFRA, Inc., dated 1/04/2012. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 1, 2012. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Ben Merriman Center Companies, LLC 2025 Coulter Boulevard, Suite 215 Chanhassen, MN 55317 Notices to the City shall he in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a site plan for a 20,600 square -foot, one-story, commercial retail building subject to the following conditions: a. Building Official 1) A demolition permit is required for the removal of any existing structures. 2) Complete construction plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3) The building is required to have an automatic fire extinguishing system. 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. b. Forester 1) The line of shrubs along the parking lot on the south property line shall be extended to provide a buffer for the length of the parking area. The plantings can be incorporated into the rain garden. 2) The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. 3) The applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest comer of the building. 2 c. Water Resources 1) No final approval of the proposal may be given without the review and approval of the drainage plans and calculations. 2) The curb cuts must be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. 3) Additional topographic information is required in the area between the two existing ponds in order to determine the emergency overflow (EOF) elevation of the pond to the west. 4) The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest comer of the drop-off drive in order to properly divert the EOF water. 5) Correct the elevations on the filtration basin cross section on page C4.01. 6) The filtration basin will be privately owned and maintained. A maintenance agreement will be required by the City. d. Engineering 1) Erosion control phasing Gantt chart will need to be completed prior to earth - disturbing activities. 2) The swale along the western property boundary will need to be stabilized per Part IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet with 24 hours of connection to a surface water.) 3) Grading should be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed. e. Planning 1) The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. 2) The applicant shall provide future circulation information to the easterly properties prior to council approval. When the parcel to the east redevelops, then the vehicular accesses shall be constructed. 3) The articulation of the building shall be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. 4) The elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. 5) The fenestration and architectural detailing on the west elevation shall be increased. 6) The architectural detailing and columns shall be continued along the north elevation. 7) Should an exterior trash enclosure be necessary in the future, it shall be screened and constructed with similar materials to the building. 3 8) All signage shall comply with City Code and requires a separate sign permit application. 9) The applicant shall provide a bike rack. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITY OF CHANHASSEN BY:� Jf�—k Thomas A. F long AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) --ff��,,. The foregoing instrument was acknowledged before me thisni6 day of 2012, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City f Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. OT PUB REN JEN EN d 2 � Notary Public -Minnesota Its STATE OF MINNESOTA ) ( ss. COUNTY OF (!aYlit v' ) y The fore�ggoing instrument was acknowledged before me this a ell of Wdxh 2012 by t5 e n F>fD 5 Mori M ay-t of Center Companies, LLC. dl?ahi o NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 4 W.. COLLEEN K. MARTINO `I Notary Public -Minnesota —. My Commis "Expires Jan 31, 2015 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "A" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 5 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer, B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Oc. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City s failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Reco This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every 0 right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer Further agrees that it will indemnify, defend, and hold harmless the City, its goveming body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 7 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day ofc1&e �, 20 STATE OF MINNESOTA ) (sS COUNTY OF ) The foregoing instrument was acknowledged before me this d-/ day of h+ 20_12, by&2:� !77)P S r'1 rnAnn. THOMAS J. HUGHES Notary Public -Minnesota spa moires ,lea 31.2015 NOT Y LIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 0 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of NO , 20--1;-- . STATE OF MINNESOTA ) (ss - COUNTY SS.COUNTY OF) The foregoing instrument was 20_ by —C "r) M 0—p DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 V J c,Z, T rer'i 1a,� FALGUNI S BRAHMBHATT u NOTARY PUBLIC -MINNESOTA ,My Comn+s = Expires Jan. 31.2013 before me this day of , NOTARY PUBLIC Date Received CARVER COUNTY Taxpayer Services Department Government Center - Administration Building 600 East 4th Street - Chaska, MN 55318-2102 Phone(952)361-1910 Fax(952)361-1919 Application to Combine Real Estate Parcels Per MN Statute 272.46 the county auditor, upon written application of any person, shall for property tax purposes only, combine legal descriptions of contiguous parcels to which the applicant(s) hold title. In order to be combined, the following requirements must be met: • Receipt of completed form by owner or designated representative • Based upon deeds of record, parcels must be of the same (identical) ownership • Parcels must be contiguous • Parcels must be located in same unique taxing districts (TAG) • Current year and delinquent taxes must be paid on each parcel • If parcels are in a Tax Increment Financing District (TIF), they must be located in the same TIF district • If special assessments are not paid on all parcels, the city/township would need to recertify the special assessments for the new parcel CAUTION Parcels that have been combined cannot be subdivided again without local municipality approval. If located in a township, Carver County Land Management Office must also approve the subdivision. Combined property tax will be reflected on next year's tax statement Owner (Applicant) Name: Address: A0;-5 CoU&v,%VV&.0---A1T- C!vn v ko-ssc►n, kA N, 5 5 311 Parcels to be combined: IYac� A IZLS 5`1 1v.a�� Q 81..559 i N Phone Number: 9S9 Sci�bvt l�. iocay.s�+:o 11(Q,9cC61 Date: -'/-/�'/;2. For Office Use Only: Approved Denied By: Reason Denied: G:\PLAMForms\Adminisbative Subdivisions\Administrative subdivision Application to Combine Real Estate Parcels.doc CITY OF I'�--O-�2 July 23, 2012 Mr. Ben Merriman CgANgASSEN Center Companies, LLC 2025 Coulter Boulevard, Suite 215 7700 Market Boulevard Chanhassen, MN 55317 PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1180 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: 952.2271400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax:952.2271110 Web Site www.ci.chanhassen.mn.us Re: 80 West 78d' Street Site Plan Review Planning Case #2012-03 — Variance Dear Mr. Merriman: This letter is to confirm that on July 17, 2012, the Board of Appeals and Adjustments approved the following: Planning Case #2012-03 for a 10 -foot parking lot setback variance to permit parking at the right-of-way easement as shown on the plans prepared by MFRA dated July 6, 2012, subject to the following conditions: 1. The monument sign must comply with City Code and the required setback and may not encroach into any easements. 2. The applicant shall update the plans to show the proposed parking stalls and make changes to plans according to staff redlines. 3_ The applicant shall obtain an encroachment agreement with the City to construct the parking lot within the City watermain easement. Enclosed is an encroachment agreement application. Return the application to Steve Lenz, Engineering Technician with a $100.00 fee for drafting of the agreement. If you have any questions or need additional information, please contact me at (952) 227-1131 or by email at beenerous@ci.chanhassen.mn.us. Sincere Robert Generous, AICP Senior Planner ec: Todd Gerhardt, City Manager Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Jerry Mohn, Building Official Enclosure a \plan\2012 planning cases4012-03 80 west 78th strm\varianca\approval leuer.doc Chanhassen is a Community for Life- Providing for Today and Planning for Tomorrow SCANNED