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4. State Bank of Chanhassen: Site Plan Review for Addition-� C CITY OF HANHASSEN P.C. DATE: 6 -18 -97 C.C. DATE: 7 -14 -97 CASE: 97 -7 Site Plan BY: Al- Jaff.v STAFF REPORT PROPOSAL: Site Plan Review amendment for a 14,610 Square Foot addition to an existing building, State Bank of Chanhassen. LOCATION: North of West 78th Street, west of Laredo Drive and east of Market Boulevard. 600 West 78th Street APPLICANT: Jeffrey J. Pflipsen - HTG Architects State Bank of Chanhassen 7401 Metro Boulevard, Suite 495 600 West 78th Street Minneapolis, N fN 55439 Chanhassen, MN 55317 (612) 831 -8880 (612) 937 -2265 PRESENT ZONING: CBD, Central Business .District ACREAGE: 1.94 acres DENSITY: ADJACENT ZONING AND LAND USE: N - OI; Post Office S - CBD; Country Suites Hotel E CBD; commercial W - CBD; Office Building WATER AND SEWER: Available Actlbtt by City A W Endorse Modified Rejected Dat Date Submitted to Commission Date Submitted to Council PHYSICAL CHARACTER.: Property is level and developed. It contains the, existing State Bank of Chanhassen. 2000 LAND USE PLAN: Commercial N Old Chanhassen Bank Existing Chanhassen Bank State Bank of Chanhassen July 14, 1997 Page 2 PROPOSAL /SUMMARY This request is for the construction of a 14,610 square foot addition to the State Bank of Chanhassen. The addition will be located to the west of the existing building. The site is located north of West 78th Street, west of Laredo Drive and east of Market Boulevard. The lot area is 1.94 acres. It is zoned CBD, Central Business District. A bank building is a permitted use in the CBD District. Access to the site is proposed to remain the same. Full access from Market Boulevard and the northeast corner of the site via Laredo Drive, and a one way exit through the drive- through along the southeast corner of the site to Laredo Drive. The site plan for the Bank building is well developed and the design is of high quality with architectural interest. The building is proposed to utilize identical materials to those currently used on the building. Face brick, granite panels, and prefinished metal flashing is used on all elevations. The main entrance is defined by columns and an aluminum curtain wall. The addition is a two story, 31 foot high structure, which is the same height as the existing building. Parking for vehicles is added along the north portion of the property. The total number of parking spaces required is 98 spaces. The applicant is providing 71 spaces. In 1995, the City purchased the old bank building located on the northwest corner of Market Boulevard and West 78th Street (immediately across the street from the existing Chanhassen State Bank building). As part of the purchase, the City entered into an agreement with the bank. It was anticipated that the bank may expand its existing banking facility. It was also anticipated that additional parking spaces will be needed to accommodate the expansion. The intent of the agreement was that the additional parking spaces needed to accommodate the bank expansion would be provided on the old bank building site. There are other options that can be exercised, such as the bank purchasing that site back and constructing the parking spaces needed or potentially using the postal service parking lot since the majority of the post office operation will be transferred to the United States Postal Service Annex located in the Chanhassen Business Center. Approval of the Site Plan will be contingent upon meeting the parking requirements. In addition to the on site parking, 27 parking spaces are needed. On June 18, 1997, the Planning Commission reviewed this application and discussed the parking issue in detail. It was stated that there was a concern that the City was requiring the applicant to over build the parking lot based upon the size of the building in relationship to the numbers of parking spaces required. The zoning ordinance allows for proof of parking. This ordinance was created for situations such as this one, when there is doubt as to the number of parking sufficient to serve a facility. In such cases, the applicant must demonstrate that if the need arises, there will be space to construct the additional parking. In the case of the Chanhassen Bank and as stated in the agreement which the City entered into, the space is available for additional State Bank of Chanhassen July 14, 1997 Page 3 parking and the lot could be constructed if the need arises. Staff supports the Planning Commission's recommendation to construct the parking if it was determined that additional spaces are needed. The landscaping plan does not meet the minimum requirements of the ordinance. The proposed addition will remove 16 trees from the site. The applicant has submitted a landscaping plan showing 11 trees to be planted; 7 deciduous and 4 conifers. If the project was to meet city ordinance, the applicant would be required to provide 28 trees as overstory boulevard trees along Market Boulevard, W. 78` St., and Laredo Drive as well as supply 14 trees for landscaping around the parking lots. With the proposed landscape, the site will have 37 trees; five short of the required 42. Staff believes that the site is in a prominent location in the heart of downtown and would therefore benefit both the city and the bank by installing the required landscaping. Based upon the foregoing, staff is recommending approval of the site plan request subject to appropriate conditions. BACKGROUND On December 2, 1985, the City Council approved the site plan application for the State Bank of Chanhassen. The plans were approved unanimously by both the Planning Commission and City Council. The plan was straight forward and well developed with no significant issues. SITE PLAN REVIEW General Site Plan/Architecture The proposed two story bank office addition, with an area of 14,610 square feet, will be situated parallel to and north of West 78th Street. The site is bordered by West 78th Street to the south, Market Boulevard to the west, Laredo Drive to the east, and the post office to the north. Access to the site will remain unchanged. There are two full access points from Market Boulevard and Laredo Drive and one exit only along the southeast corner of the site. Parking will be located to the north and west of the existing building and proposed addition. The CBD District does not have a maximum lot coverage, minimum setback requirements for front, rear of side yard, nor a maximum height requirements for principal structures. The building is located 110 feet from the north, 120 feet from the east, 160 feet from the south, and 130 feet from the west property line. Materials used on the addition will be identical to those on the existing structure. They will consist of face brick, granite panels, and prefinished metal flashing. The design of the building is attractive and provides architectural interest and complement the downtown area. The main State Bank of Chanhassen July 14, 1997 Page 4 entry into the building, located along the west elevation, is defined by columns and an aluminum curtain wall. The design meets the standards of the site plan ordinance requirements. A parking lot light plan is required. The current plan shows the location of the light fixtures. The plan should show the light candles. The plan should also incorporate the light style and height. The site plan does not show the trash enclosure location. The applicant shall use materials to match the building when constructing the trash enclosure. Current state statutes require that recycling space be provided for all new buildings. The area of the recycling space must be dedicated at the rate specified in Minnesota State Building Code (MSBC) 1300.4700 Subp. 5. The applicant should demonstrate the required area will be provided in addition to the space required for other solid waste collection space. Recycling space and other solid waste collection space should be contained within the same enclosure. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; State Bank of Chanhassen July 14, 1997 Page 5 b. The amount and location of open space and landscaping; C. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the zoning ordinance, and the, comprehensive plan. The site design is compatible with the surrounding development. It is functional and harmonious with the approved development for this area. Wetlands There do not appear to be wetlands on the parcel. Gradin The proposed expansion will required minimal grading to create additional parking stalls and the proposed addition. A new retaining wall up to 4 feet in height is proposed along the northeasterly portion of the new parking stalls. Staff is concerned with the height of the retaining wall from a safety standpoint for the adjacent property owner (Post Office). Staff recommends to the applicant that either landscape material or fence be placed along the retaining wall where it exceeds 30 inches in height. It may also be possible to redesign the site grades to limit the retaining wall height to not exceed 30 inches which would meet the Uniform Building Code requirements for not having to provide a railing or fence structure above the wall. Some of the existing street lights and landscaping will be relocated as a result of the site grading. Drainage The site currently has an existing drainage problem along the westerly portion of the parking lot. A concrete spillway discharges parking lot and site runoff onto Market Boulevard across the State Bank of Chanhassen July 14, 1997 Page 6 City's sidewalk. This is an opportunity to easily remedy this problem. A storm sewer line should be extended from the existing catch basin in the southwest corner of the parking lot across the drive aisle to convey parking lot and site drainage to the City's storm sewer system. This may result in adjusting parking lot grades to promote positive drainage to the new catch basin. With this improvement the concrete spillway can be removed and drainage across the sidewalk on Market Boulevard eliminated. Staff also requests the applicant provide the City with detailed storm water calculations for a 10 -year 24 -hour storm event for documentation purposes to ensure the existing storm sewer system has the capacity to accommodate the proposed expansion. Utilities The existing structure is connected to municipal sanitary sewer and water from Main Street (West 78` Street). The proposed addition will also need to be connected to City water to provide adequate water flows for the sprinkler system. The plans do not provide location of where the water will be extended. An existing watermain runs parallel to the southerly property line on the site. The plans should be revised accordingly. The proposed addition will create the need for additional sewer and water service from the City's infrastructure system. The applicant shall be responsible for additional sewer and water hookup charges at the time of building permit based on the number of SAC units. The 1997 sewer and water hookup charges are $1,190 and $1,555, respectively. Parking Lot Circulation The proposed expansion creates a number of new parking stalls. Drive aisles should be a minimum of 24 feet wide to accommodate two -way traffic and meet City Ordinance. The drive aisle northerly of the building has a dimension of 23' 8 ". This should be extended to 24'. Parking for vehicles is added along the north portion of the property. The total number of parking spaces required is 98 spaces. The applicant is providing 71 spaces. In 1995, the City purchased the old bank building located on the northwest corner of Market Boulevard and West 78th Street (immediately across the street from the existing Chanhassen State Bank building). As part of the purchase, the City entered into an agreement with the bank. It was anticipated that the bank may expand its existing banking facility. It was also anticipated that additional parking spaces will be needed to accommodate the expansion. The intent of the agreement was that the additional parking spaces needed to accommodate the bank expansion would be provided on the old bank building site. There are other options that can be exercised, such as the bank purchasing that site back and constructing the parking spaces needed or potentially using the postal service parking lot since the majority of the post office operation will be transferred to the United States Postal Service Annex located in the Chanhassen Business Center. Approval of the Site Plan will be contingent upon meeting the parking requirements. In addition to the on site parking, 27 State Bank of Chanhassen July 14, 1997 Page 7 parking spaces are needed. On June 18, 1997, the Planning Commission reviewed this application and discussed the parking issue in detail. It was stated that there was a concern that the City was requiring the applicant to over build the parking lot based upon the size of the building in relationship to the numbers of parking spaces required. The zoning ordinance allows for proof of parking. This ordinance was created for situations such as this one, when there is doubt as to the number of parking sufficient to serve a facility. In such cases, the applicant must demonstrate that if the need arises, there will be space to construct the additional parking. In the case of the Chanhassen Bank and as stated in the agreement which the City entered into, the space is available for additional parking and the lot could be constructed if the need arises. Staff supports the Planning Commission's recommendation to construct the parking if it was determined that additional spaces are needed. Erosion Control The site plan does propose any erosion control measures. The applicant needs to prepare an erosion control plan in accordance with the City's Best Management Practice Handbook and be submitted for review and approval prior to issuance of a building permit. Landscaping The proposed addition will remove 16 trees from the site. The applicant has submitted a landscaping plan showing 11 trees to be planted; 7 deciduous and 4 conifers. -If project was to meet city ordinance, applicant would be required to 28 trees as overstory boulevard trees along Market Boulevard, W. 78 St., and Laredo Drive as well as supply 14 tree for landscaping around the parking lots. With the proposed landscape, the site will have 37 trees; five short of the required 42. Since this is an existing building, Council may or may not decide to require the applicant to meet landscaping ordinance requirements. Staff feels that the site is in a prominent location in the heart of downtown and would therefore benefit both the city and the bank by installing the required landscaping. Lighting Lighting locations have been illustrated on the plans, however, the type of light has not been shown. Only shielded fixtures are allowed. A detailed lighting plan should be submitted when building permits are requested. Sinae The applicant is showing two wall signs on the west and south elevations. The sign along the east elevation is a proposed sign with an area of 20 square feet while the sign on the north State Bank of Chanhassen July 14, 1997 Page 8 elevation is an existing sign and has an area of 80 square feet. Both signs meet the minimum requirements of the ordinance. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a building permit. Miscellaneous The City of Chanhassen adopted the Special Fire Protection Systems section of the Minnesota State Building Code (MSBC) in October, 1987. This section, formerly known as Appendix E, has been renumbered as Chapter 1306. Fire Sprinklering. MSBC 1306.0100 Subp. 3 requires that B occupancies (the bank is a B occupancy) with 8500 or more gross feet of floor area be fire sprinklered. MSBC 1306.0100 Subp. 2 states, "..... the requirements are applicable throughout the municipality for new buildings, buildings increased in floor area,...." MSBC 1306.0100 Subp 3 also says that, "For the purposes of this chapter, area separation walls do not establish separate buildings." The addition to the bank will cause the entire building to be required to be fire sprinklered. Water Service. The existing water service size may need to be increased and a post indicator valve added to accommodate the required fire sprinklering of the building and its addition. COMPLIANCE TABLE - CBD DISTRICT Ordinance Bank Building Building Height None 2 story Building Setback None N -110' E -120 5 -160' W -130' Parking stalls 98 stalls 71 stalls* Parking Setback None N -5' E -30' 5 -50' W -22' Hard surface None 69% Coverage State Bank of Chanhassen July 14, 1997 Page 9 Lot Area 10,000 sq. ft 1.94 acres As explained in the Parking/Circulation section of the staff report, approval of the site plan is contingent upon proof of parking. Should the need arise, the additional lwaina parking spaces will be provided. the par-king requirement g STAFF RECOMMENDATION Site Plan Review Staff recommends that the Planning Commission adopt the following motions: "The Planning Commission recommends approval of Site Plan Review #97 -7 as shown on the site plan dated received May 16, 1997, subject to the following conditions: 1. The applicant needs to prepare an erosion control plan in accordance with the City's Best Management Practice Handbook and be submitted for review and approval prior to issuance of a building permit. 2. The site plan shall be revised to include water and sewer service to the new addition and extension of the storm sewer lines to convey storm water runoff from the northwesterly portion of the parking lot and eliminate the existing concrete spillway onto Market Boulevard. 3. All drive aisle widths shall be 24 feet wide per City Ordinance. 4. The applicant shall supply the City with detailed storm drainage calculations for a 10 -year 24 -hour storm event to each catch basin segment. 5. The applicant's contractor should inspect the City boulevards adjacent to the construction for any damage to the sidewalk or curbing prior to commencement of site work. The contractor will be held responsible upon final inspection for any damages to the City's sidewalk, curbs or boulevard. 6. The proposed retaining wall on the easterly portion of the site should be revised to not exceed 30 inches in height. 7. The applicant will be responsible for additional sewer and water hookup charges calculated on the number of additional SAC units being charged. 8. All roof top equipment shall be screened from views. State Bank of Chanhassen July 14, 1997 Page 10 9. All HVAC equipment placed on the ground must be screened with landscaping. 10. The applicant shall increase landscape plan to include 5 additional trees. The applicant shall also provide staff with a detailed cost estimate of landscaping to be used in calculating the required financial guarantees. These guarantees must be posted prior to issuance of a building permit. 11. Show location of trash enclosure. The materials used to screen the trash enclosure shall be the same type of brick used on the building. 12. The applicant must obtain a sign permit prior to erecting any signage on site. Provide a detailed sign plan for review and approval. 13. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities as required for landscaping. 14. Concurrent with the building permit, a detailed lighting plan meeting city standards shall be submitted. 15. Building Official's conditions: a. The new addition and existing building must comply with Minnesota State Building Code Chapter 1306. b. Water service sizing should be analyzed to determine its correct required size. C. Meet with the Building Official as early as possible to discuss commercial building permit requirements. d. Provide recycling space as required by Minnesota State Building Code 1300.4700. Demonstration of compliance may be provided on construction documents. 16. Approval of the site plan is contingent upon parking requirements being met. The current plan is deficient 27 parking spaces. The spaces may be accommodated off site in a location agreeable to both the City and the Bank. Proof of parking is an acceptable alternative. The applicant will be required to provide the deficient 27 parking spaces if the need arises." ATTACHMENTS 1. Real Estate Option Agreement Between the City of Chanhassen and State Bank of Chanhassen dated November 30, 1995. State Bank of Chanhassen July 14, 1997 Page 11 2. Memo from Dave Hempel, Assistant City Engineer, dated June 10, 1997. 3. Memo from Steve Kirchman dated June 6, 1997. 4 Application. 5. Planning Commission minutes dated June 18, 1997. 6. Plans received May 16, 1997. REAL ESTATE OPTION AGREEMENT THIS AGREEMENT (the "Agreement ") made and entered into this 30` day of November, 1995, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, with offices at 690 Coulter Drive, P.O. Box #147, Chanhassen, Minnesota 55317 (referred to herein as the "City "), and STATE BANK OF CHANHASSEN, a Minnesota banking corporation, whose address is 600 West 78th Street, Chanhassen, Minnesota 55317 (the 'Bank "). WHEREAS, pursuant to a certain Real Estate Purchase Agreement between City as Buyer and Bank as Seller, the Bank has conveyed to City of even date herewith the land in the City of Chanhassen, Carver County, Minnesota, legally described as Lot 2 and Lot 3, Block 2, Schneider Park, according to the recorded plat thereof ( "Subject Property"); and WHEREAS, as a material part of the consideration for such conveyance, the City agreed to grant to Bank the exclusive option to repurchase a portion of the Subject Property; and WHEREAS, in said Real Estate Purchase Agreement the City and Bank expressed their mutual intent as follows: Intent of Parties Seller (Bank) may expand its existing banking facility located at 600 West 78th Street in Chanhassen, Minnesota sometime within the next fifteen years. To be able to expand its facility at its current location, under current City of Chanhassen ordinances Seller (Bank) will be required to provide additional vehicular parking spaces. It is anticipated that as many as eighty (80) additional parking spaces 737843.1 maximum expansion of the current facility at its current location. The Seller (Bank) had intended to locate those additional parking spaces on the Subject Property or to incorporate the Subject Property into the expansion project. Buyer (City) deems it to be in the best interest of the citizens of Chanhassen to facilitate orderly and efficient expansion of downtown business enterprises and to create additional employment opportunities in the City. Buyer (City) believes that the future use of a portion of the Subject Property by the Seller (Bank) for parking purposes is not inconsistent with the Buyer's (City's) intended use of the property and, subject to the terms and conditions set forth below, is willing to grant to Seller (Bank) an option to repurchase a portion of the Subject Property or other property hereinafter designated. NOW THEREFORE, IN CONSIDERATION of the foregoing and the mutual covenants of the parties contained herein, it is agreed as follows: 1. Grant of Exclusive Option City hereby grants to Bank the exclusive option to repurchase portions of the Subject Property and /or the additional property owned or controlled by City and designated on Exhibit A in accordance with and subject to the following terms, covenants and conditions: 1.1 The option to repurchase shall be effective through and including December 31, 2010. 1.2 The repurchase price of the Subject Property or other designated property pursuant to the option shall be Six and 60/100 Dollars ($6.60) per square foot of land purchased by Bank prior to December 31, 2000. After December 31, 2000, the per square foot repurchase price shall be $6.60 per square foot multiplied by a fraction the denominator of which is the Base Index and the numerator of which is the Adjustment Index. As used herein "Index" means the Consumer Price Index 737843.1 2 for all Urban Consumers (CPI -U) as issued by the United States Bureau of Labor Statistics for Minneapolis -St. Paul, MN -WI currently published semiannually, or, if the CPI -U is no longer published, a similar index of inflation mutually agreed upon by the parties. The 'Base Index" shall be the Index for the period January - June, 2000 and the "Adjustment Index" shall be the Index for the calendar six month period immediately preceding the calendar six month period in which Bank gives notice of exercise of its options hereunder. 1.3 The property may only be repurchased for the purpose of providing additional parking for Bank's exclusive use in conjunction with the expansion of Bank's existing facility located on the Northwest corner of W. 78th Street and Market Boulevard. 1.4 The maximum amount of the property that Bank may repurchase pursuant to this option is the minimum area necessary, under the then existing City of Chanhassen ordinances, to provide the maximum number of additional vehicular parking spaces and reasonable vehicular ingress and egress thereto directly from a public street, caused by Bank's expansion of its existing facility at its current location, up to a maximum of 80 additional parking spaces. 1.5 Any provision hereof to the contrary notwithstanding, Bank may initially repurchase a portion of the Subject Property sufficient to create up to 25 of those parking spaces, together with the area necessary for access thereto, without any requirement that Bank actually construct an expansion of its existing banking facility. No portion of the remainder of the 80 parking spaces may be repurchased unless additional parking spaces are required as part of an expansion of Bank's existing banking facility at its current location. 1.6 Bank shall repurchase the property in its then condition, "as is" and "where is ", improved or unimproved and subject to all faults and deficiencies except as expressly set forth herein. 2. Exercise of Option Bank shall exercise its repurchase option by delivering written notice of its intent to do so to the City Manager, or the Mayor, of the City of Chanhassen no later than 5:00 p.m. on December 31, 2010. Any such written notice shall include a copy of this Option Agreement, a statement of the number of parking spaces to be repurchased, the proposed location within the Subject Property and /or other designated property for the bank parking spaces, and an earnest money check payable to the City of Chanhassen in the amount of $10,000.00. Within 30 days after receiving the written notice 737843.1 required above, the City shall notify Bank of any objections City may have to the proposed location of the bank parking spaces. If such notice of objection is given, the parties agree to meet promptly and negotiate in good faith to resolve the location of the bank parking spaces within the general guidelines set forth in Section 3 below. 3. Property Location Guidelines The parties acknowledge that City intends to expand the existing City Hall building and its related parking areas into the Subject Property [Attached hereto as Exhibit A are preliminary drawings showing possible expansion plans (Phase I, Phase II, and Phase III) of City, which plans are conceptual only at this time, have not been approved by City and are subject to change in City's sole discretion] and that the City's expansion efforts may have been accomplished prior to Bank's exercise of the option granted herein. In that event, the property to be repurchased by Bank for bank parking spaces shall be those portions of the Subject Property (Lot 2 and Lot 3 of Block 2) and those portions of Lot 2, Block 1 and vacated Chanview Street and vacated Center (Coulter) Street lying adjacent to the Subject Property, which have then been improved for vehicle parking. First priority shall be given to any parking spaces then located on the Subject Property and on vacated Center (Coulter) Street. Second priority shall be given to parking spaces then located on Lot 2, Block 1 and vacated Chanview Street. Third priority shall be given to parking spaces then located on Lot 1, Block 2, the south half of Lot 1, Block 1, and vacated Center (Coulter) Street lying adjacent thereto. In the event City shall hereafter obtain ownership of the parcel of land presently owned by R. W. Steiner, occupied by the Postal Service and lying immediately North of Bank's existing banking facility (the "Steiner Parcel "), then the Steiner Parcel shall be the other designated property and shall have first priority for bank parking spaces. 737843.1 4 4. Restrictions The parties agree to the following restrictions and limitations on the use of the parking spaces on that portion of any parking lot that is located on land repurchased by Bank pursuant to this option (hereinafter "Option Parking Lot "): 4.1 The City shall not, at any time, park city owned vehicles in the Option Parking Lot; 4.2 The City shall make all reasonable efforts to prohibit its employees from parking their vehicles in the Option Parking Lot; 4.3 Bank shall make all reasonable efforts to prohibit its employees from parking their vehicles in the Option Parking Lot overnight; 4.4 Bank shall not, at any time, park vehicles, boats, motorcycles or any piece of equipment of any kind, in the Option Parking Lot overnight, nor shall Bank park any such vehicle or other piece of equipment in the Option Parking Lot if such vehicle or piece of equipment is being displayed for sale. 5. Relocation Notwithstanding anything to the contrary contained herein, City shall have the right, at any time, whether before or after the exercise by the Bank of its option to repurchase and whether before or after the identification, acquisition and improvement of any parking area, to redesignate and relocate the Option Parking Lot to other property owned by the City adjacent to Bank's existing facility, so long as the following conditions are met: 5.1 The newly designated area is of sufficient size to allow construction of an equivalent number of parking spaces and access thereto. 5.2 The City designs and constructs the parking lot in the newly designated area at no cost to Bank in a good workerlike manner using quality materials. 5.3 The newly designated location is within the approved area identified in Section 3 above. 6. Exclusive Parking_ Rights In the event that the Option Parking Lot and other City parking lots are subjected to mutual cross easements in favor of City and Bank for 737843.1 5 access and parking, but that the actual use of the Option Parking Lot by persons who are neither customers nor employees of Bank is such that Bank's needs for ample and proximate parking are not being sufficiently served, then upon request by Bank, City promptly shall construct additional parking on City's property to remedy the situation or shall permit the placement of signs by Bank so as to restrict use of the Option Parking Lot for the exclusive parking needs of Bank. 7. City's Covenants Warranties and Representations With respect to City's obligations under this Agreement, and as a material part of the consideration therefor, City represents, covenants and warrants to Bank as follows: 7.1 Prior to the closing of any repurchase by Bank of any of the Subject Property and /or the additional property designated on Exhibit A, City shall not take action or suffer or permit any action to occur which would or might cause City to be unable or unwilling to make to Bank the following representations and warranties and City shall so certify at such closing: 7.1.1 To the best of City's knowledge (the term "City's knowledge" means the actual or constructive knowledge of City's Clerk/Manager), without investigation or inquiry of any nature whatsoever, neither City, nor any entity or person has, at any time: i. "released" or actively or passively consented to the "release" or "threatened release" of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in connection with the Subject Property and /or additional property; or ii. taken any action in "response" to a "release" in connection with the Subject Property and /or additional property; or iii. otherwise engaged in any activity or omitted to take any action which could subject City or Bank to claims for intentional or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances (as defined below) located in 737843.1 6 or on the Subject Property and /or additional property, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below). The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec. 9601 et sec ., as amended ( "CERCLA ") and any state environmental laws. "Hazardous Substances" means hazardous waste, toxic substances, formaldehyde, urea, polychlorinated biphenyls, asbestos, petroleum, natural gas, synthetic gas usable for fuel or mixtures thereof, any materials related to any of the foregoing, and substances defined as "hazardous substances ", "toxic substances ", "hazardous waste ", "pollutant ", or "contaminant" in CERCLA, Resource Conservation and Recovery Act as amended, 41 U.S.C. Sec. 9601 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et sec ., the Clean Water Act, 33 U.S.C. Sec. 1251 et sec ., any state laws regarding environmental matters, or any regulations promulgated pursuant to any of the foregoing statutes. 7.1.2 City has not, at any time, installed,used, or removed any underground storage tank on or in connection with the Subject Property and /or additional property; 7.1.3 City knows of no wells or septic systems on the Subject Property and /or additional property; 7.2 City shall convey marketable title to the property repurchased by Bank, subject only to (a) taxes not yet due and payable, (b) building, zoning and subdivision laws, ordinances and regulations, (c) reservations of minerals or mineral rights to the State of Minnesota, if any, (d) roads, streets, alleys or other public ways, if any, (e) easements, covenants, conditions and restrictions of record on the date of this Agreement, if any, (f) encroachments, overlaps, boundary line disputes, and any other matters which an accurate survey and inspection would disclose, (g) rights of tenants in possession on the date of this Agreement, and (h) matters to which City may consent in writing (collectively 'Permitted Exceptions "); prior to any closing City at its own expense shall furnish to Bank a title Commitment for such property and if Bank raises any title objections based on such Commitment, City shall eliminate or cure such exceptions, using due diligence and, if necessary, City shall use its powers of eminent domain to make such title marketable and free of all title - exceptions except the Permitted Exceptions. 7.3 City shall pay the state deed tax and any other documentary or similar taxes as may then be applicable to conveyances of real estate; any real estate taxes shall be prorated to closing and any special assessments shall be paid by City. 737843.1 7 7.4 City warrants, both now and at the time of any closing, that City has full power and authority to grant the foregoing options and to convey the property to Bank under the terms and conditions set forth in this Agreement. 7.5 If Bank exercises the option to repurchase granted herein, and a subdivision of a parcel or Bank's intended use of the repurchased property requires approval of City or issuance of a permit, certificate or license by City, upon application by Bank for such approval, permit, certificate or license, City shall issue the requested approval, license, certificate or permit so long as Bank's application and proposed use of the property complies with all then existing applicable statutes, ordinances, rules, regulations and policies. 8. Liquidated Damages In the event that, prior to Bank's repurchase of any of the Subject Property and /or the additional property under this Agreement, City, in its capacity as a municipal corporation, or any officer, board, administrator, employee or agent of City, or any other municipal corporation exercising zoning or land use controls in the City of Chanhassen, shall create, suffer or permit any -public zoning ordinances or regulations (other than ordinances and regulations which uniformly pertain to vehicle parking lots generally in the City of Chanhassen) or other public or private use restrictions with respect to such property, which would prevent or materially interfere with Bank's intended use thereof for vehicle parking and access thereto for itself and its customers and invitees, or shall take any other action to nullify, rescind or breach City's obligations under this Agreement, so that Bank's option to repurchase under this Agreement is rendered impracticable, then it is mutually agreed that Bank will be seriously and substantially damaged, and because it will be difficult for Bank to prove the amount of such damage, City agrees in such event to pay to Bank the sum of $500,000.00 as liquidated damages and not as a penalty. This sum has been agreed on by the parties as the amount of damages which Bank will suffer on account of and in the event that its option rights are rendered impracticable as described above. After December 31, 2000, such amount shall be increased 737843.1 8 by application of the Consumer Price Index formula set forth in Section 1.2 above. If Bank has repurchased a portion of the property for parking spaces prior to the time its right to receive liquidated damages arises, then the foregoing sum shall be pro -rated by dividing it by 80 and multiplying the result by the number of parking spaces remaining unrepurchased by Bank. 9. Miscellaneous 9.1 The covenants, warranties and representations made by the parties in this Agreement shall survive the closing of this transaction. 9.2 The parties each represent to the other that they have not employed or contracted with a real estate broker or agent in connection with this Agreement, and they hereby agree to indemnity and hold each other harmless from and against any and all claims for a commission or fee by any person claiming to have such employment by or a contract with the indemnifying party in connection with this Agreement. 9.3 Any notice, demand, or request which may be permitted, required or desired to be given in connection herewith shall be in writing and sent by certified mail, hand delivery, overnight mail service such as Federal Express, or Western Union telegram or other form of telegraphic communication, directed to Bank or City. Any notice shall be deemed effective when delivered to the party to whom it is directed. Unless a different address is designated by a party by notice in writing to the other party, notices shall be delivered to Bank or City at the applicable address stated on the first page of this Agreement. 737843.1 9 9.4 Time shall be of the essence in this Agreement. Where any date or time prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday, such date or time shall automatically be extended to the next normal business day. 9.5 Each party hereto shall promptly, on the request of the other party, have acknowledged and delivered to the other party any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 9.6 This Agreement represents the entire agreement of the parties with respect to the Bank's option to purchase, and all prior agreements, understandings, or negotiations between the parties with respect to such option are hereby revoked and superseded hereby. No representations, warranties, inducements, or oral agreements have been made by any of the parties, except as expressly set forth herein, or in other contemporaneous written agreements. This Agreement may not be changed, modified or rescinded, except by a written agreement signed by both parties hereto. 9.7 If after exercise of this option by Bank, Bank shall default under any of the terms hereof, except as otherwise provided herein, Bank shall have the right to pursue any remedies available to Bank at law or in equity, including specific performance, damages (including attorney's fees) or the cancellation of this Agreement. 9.8 If after exercise of this option by Bank, City shall default under any of the terms hereof, except as otherwise provided herein City shall have the right to 737843.1 10 pursue any remedies available to City at law or in equity, including specific performance and damages (including attorney's fees). 9.9 Failure of any party to exercise any right or option arising out of a breach of this Agreement by the other party shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. 9.10 This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 9.11 This Agreement shall be construed in accordance with the laws of the State of Minnesota. 9.12 The parties shall execute a Memorandum of Option Agreement in the form attached hereto as Exhibit B , and Bank may record such Memorandum in the land records of Carver County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY: CITY OF CHANHASSEN By Donald hmiel, Mayor By: Don Ashworth, Clerk/Manager BANK: STATE BANK OF CHANHASSEN 14 A -� Klt Qc� Ke n P. McShane, President 737843.1 11 STATE OF MINNESOTA ) ) SS. COUNTY OF CARVER ) 0-� The foregoing instrument was acknowledged before me this 5 day of November, 1995, by Donald J. Chmiel and Don Ashworth, respectively the Mayor and Clerk/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. No-Vry Publi .�fr ":• S'rY� rv� iVVU�r. ::i�.l�.r✓S:..ri�i.YVYs,iV�AN+ STATE OF MINNESOTA ) v S Jan.: 1 " 'QoJ S .S. .. .:. ._a', >.:.�.d._L,:.i.ox� •rt �... t..-�• COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this : �o day of November, 1995, by Kevin P. McShane, President of STATE BANK OF CHANHASSEN, a Minnesota banking corporation, on behalf of the corporation. C Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452 -5000 and BRIGGS AND MORGAN, P.A. 2400 IDS Center Minneapolis, MN 55402 Telephone: (612) 334 -8484 zi IMV6h : 2 ' ?? NOTARY PUBLIC - MIN IX S SOTA WASH! LGTON COUNTY my Con. mission Expires ,i*_:s K2000 �nnnnnix Y 737843.1 12 EXHIBIT " A " to REAL ESTATE OPTION AGREEMENT (Phase I, Phase II and Phase III Parking and Roadway Layout drawings) 737843.1 MEMORANDUM OF REAL ESTATE OPTION AGREEMENT THIS MEMORANDUM OF REAL ESTATE OPTION AGREEMENT made and entered into this 3O V4 day of November, 1995, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (referred to herein as the "City "), and STATE BANK OF CHANHASSEN, a Minnesota banking corporation, (the 'Bank "). WITNESSETH: For and in consideration of the sum of $1.00 and other good and valuable consideration paid by Bank to City, the receipt and sufficiency of which is hereby acknowledged, City hereby grants to Bank the exclusive option to purchase portions of the Subject Property and /or the additional property owned by City and legally described on Exhibit A annexed hereto. This option is effective through and including December 31, 2010, and is subject to all of the terms and conditions more particularly set forth in that certain Real Estate Option Agreement ( "Agreement ") of even date herewith between City and Bank. This Memorandum of Real Estate Option Agreement is executed and is to be recorded solely for the purpose of giving notice of the Agreement and is not intended to supersede or vary the terms or conditions of the Agreement. Nothing contained herein shall be construed to amend, modify, change, amplify, or supersede any of the terms and provisions of the Agreement, which Agreement shall in all things control. 737895.1 Upon the expiration or earlier termination of the Agreement, Bank shall execute and deliver a written termination of the Agreement and this Memorandum in recordable form. CITY: BANK: CITY OF CHANHASSEN STATE BANK OF CHANHASSEN Y Donald h ie , Mayor Kevin P. McShane, President By. Don Ashworth; berk/Manager STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 5 4 4 day of Neven+e� er`, 1995, by Donald J. Chmiel and Don Ashworth, respectively the Mayor and Clerk/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. Note(ry Pu AR, DT STATE OF MINNESOTA ) N0 AR� s < 0 r, + ss. " •:7 ' My comrr;'". - >n _.Xpitcs .i.:r. 1'. " ^GO COUNTY OF CARVER The foregoing instrument was acknowledged before me this 3 O day of November, 1995, by Kevin P. McShane, President of STATE BANK OF CHANHASSEN, a Minnesota banking corporation, on behalf of the corporation. Dpi ;'SE C. CLARKE . �E�;c;- ;Z, -�•' NOTARY PUBLIC- MINNESOTA 4t WASKINGTON COUNTY Notary Public My Cerar ftsion Expires J -n. 31, 2000 !- J' t,• v`- hP .R.1f+.MMNW',�e "sM'N.!eNLOMMI fR 737895.1 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452 -5000 and BRIGGS AND MORGAN, P.A. 2400 IDS Center Minneapolis, MN 55402 Telephone: (612) 334 -8484 737895.1 3 EXHIBIT " A " to MEMORANDUM OF REAL ESTATE OPTION AGREEMENT Legal Description Subject Property: Lot 2 and Lot 3, Block 2, Schneider Park; Additional Property: Lot 2, Block 1; Lot 1, Block 2; South half of Lot 1, Block 1, Schneider Park; and those portions of Chanview Street and Center (Coulter) Street, vacated or to be vacated, lying adjacent thereto; All in Carver County, State of Minnesota. I ASSIGNMENT ACCEPTANCE AND ASSUMPTION OF LEASES, SECURITY DEPOSITS, PREPAID RENTS, AGREEMENTS, PERMITS AND LICENSES FOR VALUE RECEIVED, State Bank of Chanhassen ( "Assignor "), hereby assigns, transfers, conveys and sets over unto City of Chanhassen ( "Assignee "), all of the right, title and interest of Assignor in, to and under the following to the extent capable of being assigned: 1. The lessor's interest under all the leases and tenancies ( "Leases ") for use or occupancy of the premises located at 680 West 78th Street, Chanhassen, Minnesota, ( "Premises ") being conveyed this date to Assignee, as described in the schedule of Leases attached hereto as Schedule A and hereby made a part hereof, 2. All of the tenant security deposits and prepaid rent, if any, ('Deposits ") as listed and described in said Schedule A ; 3. All of the service, maintenance and other agreements ( "Agreements ") pertaining to the Premises as listed and described in Schedule B attached hereto and hereby made a part hereof; and 4. All of the governmental permits, licenses, certificates, consents and approvals ( "Permits ") pertaining to the Premises, including without limitation, the building permits and certificates of occupancy, if any. TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns, for the rest of the terms of said Leases, Deposits, Agreements and Permits and subject to the terms, covenants, conditions and provisions thereof. 737793.1 Assignor hereby indemnifies and agrees to hold Assignee harmless from and against any claims, liabilities, damages, demands, causes of action, losses, deficiencies, or expenses (including reasonable attorneys' fees and court costs), interest and penalties related thereto (collectively, "Claims ") asserted against or incurred by Assignee with respect to any obligations arising under the Leases, Deposits, Agreements and Permits where such Claims arise from or are based upon facts or events which occurred before the date hereof, or with respect to the Deposits as a result of Assignor's failure to assign to Assignee any Deposit paid to Assignor under the Leases before the date hereof. Assignee hereby accepts such assignment and agrees to assume, keep, observe and perform all of the Assignor's obligations under the Leases, Deposits, Agreements, and Permits first occurring on and after the date hereof. Further, Assignee hereby indemnifies and agrees to hold Assignor harmless from and against any Claims asserted against or incurred by Assignor with respect to any obligations or liabilities arising under the Leases, Deposits, Agreements and Permits where such Claims arise from or are based upon facts or events which occur on or after the date hereof. The parties hereto acknowledge that under the provisions of the Leases, the lessor may be entitled to reimbursement by the tenants for their respective shares of any amount by which actual operating expenses and taxes for the leased premises during the year 1995 exceed the estimated operating expenses and taxes paid by the tenant for the year 1995; and therefore the parties agree that they shall cooperate with each other to determine any such excess amounts, to bill and to collect the same from the tenants, and to divide such collected amounts between Assignor and Assignee in proportion to the time in 1995 each owned the 737793.1 2 Premises and to the time in 1995 to which such operating expenses and taxes pertain under each respective Lease. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of Assignor and Assignee. IN WITNESS WHEREOF, Assignor and Assignee have executed this Agreement this 30 � day of NO il-e &,, b f- ' - , 1995. STATE BANK OF CHANHASSEN B / u� ) ���... Y its and B 1 '�7. 7jk Its V is e 1 0 -e sJG''V` CITY OF CHANHASSEN 0 oll VA I r4r, rp- - - - - gd— 0�nizw & MAIN I d B Y Its 737793.1 3 Schedule A Leases. SecurityDeposits and Prepaid Rent JGL Scl, ina � �� � 7�� Iqq Yl OYtC 71 O �`e ('ioam c iGI S �dt/iG 2 �H1G� C(ao(,arsecj �froY ✓GGI'G 7 i 1 �� / hOh e 1071 Ce whe r, P. A , ( I cc 4- `7 (( Iq �f e Vh Q7L(wiar Pdj7a � COV jOVa 1 f 737793.1 4 Schedule B Service and Maintenance Agreements P ao ��v Uf kee� .Se voices -- 5 noc.> klow� ti q 8 :F.T - �LCS � r? PK ova 737793.1 44 erw�, Q } e Z i c u i I " sr—ft . n ' .. srwoes n g�ock 2 — i I o i I 1 Phase .2 Parking & Roadway Layout Chanhassen City Hall Chanhassen. MN � L 1%r"4i* OMCV6 194 mm NO 5CAL6 1 I 414 I I ' r Glt4 I FEW - aa snu+ s.e emces T c R, o �i• I i � pls�K 2 I i w csr �orrt vrFtt, -r Phase Parking & Roadway Layout Chanhassen City Nall Chanhassen, MN C,iT% ttn(.L. PARKINV ernu» iry No SCALE mm ReWMes [w t•�ve. . sr•,a r ru' CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Sharniin Al -Jaff, Planner II FROM: Dave Hempel, Assistant City Engineer DATE: June 10, 1997 SUBJ: Review of Site Plan for Expansion to State Bank of Chanhassen File No. 97 -9 LUR Upon review of the plans prepared by HTG Architects dated May 16, 1997, I offer the following comments and recommendations: GRADING The proposed expansion will required minimal grading to create additional parking stalls and the proposed addition. A new retaining wall up to 4 feet in height is proposed along the northeasterly portion of the new parking stalls. Staff is concerned with the height of the retaining wall from a safety standpoint for the adjacent property owner (Post Office). Staff recommends to the applicant that either landscape material or fence be placed along the retaining wall where it exceeds 30 inches in height. It may also be possible to redesign the site grades to limit the retaining wall height to not exceed 30 inches which would meet the Uniform Building Code requirements for not having to provide a railing or fence structure above the wall. Some of the existing street lights and landscaping will be relocated as a result of the site grading. DRAINAGE The site currently has an existing drainage problem along the westerly portion of the parking lot. A concrete spillway discharges parking lot and site runoff onto Market Boulevard across the City's sidewalk. This is an opportunity to easily remedy this problem. A storm sewer line should be extended from the existing catch basin in the southwest corner of the parking lot across the drive aisle to convey parking lot and site drainage to the City's storm sewer system. This may result in adjusting parking lot grades to promote positive drainage to the new catch basin. With this improvement the concrete spillway can be removed and drainage across the sidewalk on Sharmin Al -Jaff Chanhassen Bank SPR June 9, 1997 Page 2 Market Boulevard eliminated. Staff also requests the applicant provide the City with detailed storm water calculations for a 10 -year 24 -hour storm event for documentation purposes to insure the existing storm sewer system has the capacity to accommodate the proposed expansion. UTTILITIES The existing structure is connected to municipal sanitary sewer and water from Main Street (West 78` Street). The proposed addition will also need to be connected to City water to provide adequate water flows for the sprinkler system. The plans do not provide location of where the water will be extended. An existing watermain runs parallel to the southerly property line on the site. The plans should be revised accordingly. The proposed addition will create the need for additional sewer and water service from the City's infrastructure system. The applicant shall be responsible for additional sewer and water hookup charges at the time of building permit based on the number of SAC units. The 1997 sewer and water hookup charges are $1,190 and $1,555, respectively. PARKING LOT CIRCULATION The proposed expansion creates a number of new parking stalls. Drive aisles should be a minimum of 24 feet wide to accommodate two -way traffic and meet City Ordinance. The drive aisle northerly of the building has a dimension of 23' 8 ". This should be extended to 24'. EROSION CONTROL The site plan does propose any erosion control measures. The applicant needs to prepare an erosion control plan in accordance with the City's Best Management Practice Handbook and be submitted for review and approval prior to issuance of a building permit. RECOMMENDED CONDITIONS OF APPROVAL -1. The applicant to prepare an erosion control plan in accordance with the City's Best Management Practice Handbook and be submitted for review and approval prior to issuance of a building permit. 2. The site plan shall be revised to include water and sewer service to the new addition and extension of the storm sewer lines to convey storm water runoff from the northwesterly portion of the parking lot and eliminate the existing concrete spillway onto Market Boulevard. Sharmin Al -Jaff Chanhassen Bank SPR June 9, 1997 Page 3 3. All drive aisle widths shall be 24 feet wide per City Ordinance. 4. The applicant shall supply the City with detailed storm drainage calculations for a 10 -year 24 -hour storm event to each catch basin segment. 5. The applicant's contractor should inspect the City boulevards adjacent to the construction for any damage to the sidewalk or curbing prior to commencement of site work. The contractor will be held responsible upon final inspection for any damages to the City's sidewalk, curbs or boulevard. 6. The proposed retaining wall on the easterly portion of the site should be revised to not exceed 30 inches in height. 7. The applicant will be responsible for additional sewer and water hookup charges calculated on the number of additional SAC units being charged. ktm c: Charles Folch, Director of Public Works g:IongIdaveW ch anbank. spr. doc CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Sharmin AI -Jaff, Planner II FROM: Steve A. Kirchman, Building Official ` - Ll ' k DATE: June 6, 1997 SUBJECT: 97 -7 SPR (State Bank of Chanhassen, HTG Architects) I was asked to review the site plan proposal stamped "CITY OF CHANHASSEN, RECEIVED, MAY 16 1997, CHANHASSEN PLANNING DEPT. " for the above referenced project. Analysis: The City of Chanhassen adopted the Special Fire Protection Systems section of the Minnesota State Building Code (MSBC) in October, 1987. This section, formerly known as Appendix E, has been renumbered as Chapter 1306. Fire Sprinklering. MSBC 1306.0100 Subp. 3 requires that B occupancies (the bank is a B occupancy) with 8500 or more gross feet of floor area be fire sprinklered. MSBC 13 06.0 100 Subp.. 2 states.... the requirements are applicable throughout the municipality for new buildings, buildings increased in floor area,.... " MSBC 1306.0100 Subp 3 also says that, "For the purposes of this chapter, area separation walls do not establish separate buildings." The addition to the bank will cause the entire building to be required to be fire sprinklered. Water Service. The existing water service size may need to be increased and a post indicator valve added to accommodatethe required fire sprinklering of the building and its addition. Recommendations: The following should be included with the conditions of approval: 1. The new addition and existing building must comply with Minnesota State Building Code Chapter 1306. 2. Water service sizing should be analyzed to determine its correct required size. I would like to requestthatyou relay to the developers and designers my desire to meet with them as early as possible to discuss commercial building permit requirements. g:LsaferyNsak\memos\p1"tteBank I CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Sharmin Al -Jaff, Planner II FROM: Mark Littfin, Fire Marshal DATE: June 4, 1997 SUBJECT: Request for a site plan review amendment for a 14,610 square foot addition to an existing building, State Bank of Chanhassen, on property zoned CBD, Central Business District, and located at 600 West 78 Street, HTG Architects. Planning Case 97 -7 Site Plan Review I have reviewed the site plan for the above project. Department/Fire Prevention Division, I have the fa requirements. The site plan is based on the availa plans or changes are submitted, the appropriate co( At this time I have no comments or concerns ML/be r to comply with the Chanhassen Fire fire code or city ordinance /policy nation submitted at this time. If additional items will be addressed. plan review amendment. gAsafety \ml\chanbank CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937 -1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: JEFFREY J. PFLIPSEN - HTG ARCHITECTS OWNER: STATE BANK OF CHANHASSEN ADDRESS: 7401 METRO BLVD SUITE #495 MPLS, -MN 55439 TELEPHONE (Day time) (61!L831- 3BBk 831 -882 Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non - conforming Use Permit Planned Unit Development* Rezoning CHANHASSEN, MN 55317 - 9585 TELEPHONE: ( 612) 937 - 2265 _ Temporary Sales Permit Vacation of ROW /Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Sign Permits Sign Plan Review A_ Notification Sign 1/ X Site Plan Review* t4 X Escrow for Filing Fees /Attorney Cost "* $ loo ($50 CUP /SPRNACNAR/WAP /Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE $ 1 A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. "Twenty -six full size folded copies of the plans must be submitted, including an 8 X 11" reduced copy c transparency for each plan sheet. Escrow will be required for other applications through the development contract ADDRESS: WEST 78TH STREET NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME STATE BANK OF CHANHASSEN - ADDITION /REMODELING LOCATION 600 WEST 78TH STREET, CHANHASSEN, MN 55317 -9585 .EGAL DESCRIPTION SEE ATTACHED - OTAL ACREAGE 1.94 VETLANDS PRESENT YES X NO 'RESENTZONING CENTRAL BUSINESS DISTRICT 1EQUESTED ZONING N/A 'RESENT LAND USE DESIGNATION N/A IEQUESTED LAND USE DESIGNATION N/A IEASON FOR THIS REQUEST BUILDING ADDITION AND MINOR SITE REVISIONS his application must be completed in full and be typewritten or clearly printed and must be accompanied by all information nd plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning lepartment to determine the specific ordinance and procedural requirements applicable to your application. determination of completeness of the application shall be made within ten business days of application submittal. A written Dtice of application deficiencies shall be mailed to the applicant within ten business days of application. his is to certify that I am making application for the described action by the City and that I am responsible for complying with Il City requirements with regard to this request. This application should be processed in my name and I am the party whom ie City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either upy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make its application and the fee owner has also signed this application. will keep myself informed of the deadlines for submission of material and the progress of this application. I further nderstand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any uthorization to proceed with the study. The documents and information I have submitted are true and correct to the best of iy knowledge_ he city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing �quirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day Ktension for development review. Development review shall be completed within 120 days unless additional review Ktensions are approved by the applicant. igttV,yf r�A igriaturdof tee Cy i 650 In pplication Received on Fee Paid /�� Z �y; �7 D 6-, Date Receipt No. he applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. I not contacted, a copy of the report will be mailed to the applicant's address. ARCHITECTS 16 May 1997 Mr. Robert Generous Planner II City of Chanhassen 690 Coulter Drive P.O. 147 Chanhassen, Minnesota 55317 Re: PROPOSED ADDITION / REMODELING State Bank of Chanhassen, Chanhassen, MN Dear Bob: As you requested, below is a brief summary of the proposed building addition design, image & material selection for your use. The information is based on the enclosed 16 May 1997 proposed site plan(s), building elevations, and floor plans. The site is in the Central Business District. The building design provides an 'image' that is consumer - friendly, non - threatening/monumental and warm. Customers want a feeling of confidence, strength and a sense of presence; however the design should not be imposing. The addition will match the existing buildings' design character. The proposed addition will have a full basement, main level and a second level. The bank will occupy the main level and some of the lower level. The second level and a portion of the lower level will be leased space(s). A new west entry, which is closer to the majority of the proposed parking, will have a high overhang. The two story building entry will create an inviting entry for the bank and building tenants. The new exterior materials will be brick, granite metal roofing and steel columns (to match the existing). These materials emphasize the sense of presence and strength that the existing building currently conveys. In general, site vehicular and pedestrian circulation will remain unchanged. New perimeter parking will occur along the north property line. A low retaining wall will be required along the eastern end of the north property line to accommodate the grade change. The existing west parking will be slightly modified. No work is being planned for along the south or east side of the property. To comply with parking requirements, a previous agreement between the City and the Bank will allow for approximately 25 -30 additional off -site parking spaces. The location for the off -site parking is to be determined. HICKEY, THOf STENSON. GROVER, L.TD 7401 Metro Boulevard, Suite 495 Mols MN 55439 (612) 831 -8880 2page 16May 1997 State Bank of Chanhassen, Addition MATERIALS: Building Facade - Brick with granite accent bands Sloping Roof - Metal, color to match existing Flat Roof/Struct. - EPDM Second Floor Str. - Steel bar Joist Main Floor Str. - Precast Concrete Planks GENERAL INFORMATION: Existing Bldg. - Addition: Main Level - Second Level - Lower Level - Total - Roof Parapet Ht. - 9,930 sf 5,300 sf 4,280 sf 5,030 sf 24,540 Sq. Ft. 34'-0" AFF. BUILDING CODE INFORMATION: Building Type - VN Group Occupancy - B Occupant Load - 245 (24,540sf / 100) Zoning - Central Busness District Please see the drawings for additional information. If you have any questions or need any other information, please let me know. Sincerely, Jeffrey J. Pflipsen Vice President, Architect cc: Mr. Kevin McShane, State Bank of Chanhassen Planning Commission Meeting - June 18, 1997 PUBLIC HEARING: REQUEST FOR A SITE PLAN REVIEW AMENDMENT FOR A 14,610 SO FT. ADDITION TO AN EXISTING BUILDING STATE BANK OF CHANHASSEN ON - ,...� . t rVTC4YWTY740 i1iCT1D7!`T A N n EnC ATFn A'I WEST 78 STREET HTG ARCHITECTS. Sharmin AI -Jaff presented the staff report on this item. Peterson: Questions for staff. Brooks: How many parking spaces? Al -Jaff: Required? All together required, 98. They are providing 71... The 27 will be provided off site. Peterson: More questions? Brooks: Could I just take this thought one step further? For the size of the building you're required so much, but do you think that bank really needs that many parking spaces? Aanenson: Another option which the code would allow which is proof of parking demand and the mix of uses. If they would come in to and demonstrate to us the mix of uses. Similar thing we did with the hotel. They came in. We asked them to demonstrate the hours and demand. That is the reason why that condition was... The reason this whole issue got struck was when the City was looking at expanding City Hall. It was ... the parking lot would be built in the City Hall and the Council Chambers would have been... We believe the mix of use would have worked then because the demand for this space would have been at night when you're having a Council meeting, and not necessarily during the day when the bank has use of spaces. That was the original intent. But you're right, maybe they don't need that 27 spaces but ordinance does say they need to demonstrate that and we need to look at that to make sure that we're not approving a use that can't meet what they need. They have to somehow demonstrate to the City, or we have to do, we're obligated to provide the spaces. Demonstrate that those spaces aren't needed. Brooks: I'd just hate to see us building parking spaces that are unnecessary. Aanenson: Agreed, and that's something I think that we're going to... Brooks: Thank you. Peterson: Other questions? The only question I had Sharmin is, prior to the applicant coming up. They may address this but reading it I assume that the style and textures of the new addition are virtually identical to the existing? Al -Jaff: It carries through basically the same style. ON Planning Commission Meeting - June 18, 1997 Peterson: Basically is being defined as. Aanenson: The same color brick. Peterson: So I can see is the same but materials and colors are the same. Any questions? Would the applicant like to address the Planning Commission? If so, please come forward. Jeff Pflipsen: Mr. Chair, members of the Commission and staff. My name is Jeff Pflipsen. I'm with HTG Architects. Our address is 7401 Metro Boulevard, Edina. We, all the items in the staff's report we agree with. We don't have any real issues. I won't hit all of them but there's a couple of them that I'd like to address at this time. The first one regarding the trees. Five additional trees is not a problem. We have, in the report it says we had to remove a few trees and if we can do it we may want to try to relocate them but some of them are pretty big and we've been told that if you try to dig those out, the odds are they're probably not going to last. But either way we'll either relocate some of the trees or add the trees back so the 5 trees is really not a problem. I do have a photo here. Sharmin asked that if I wanted to bring a photo just to show you the materials but we will, everything on the exterior of the building will match. The new building, the addition will match the existing. Even the, right now you have two big...or steel columns at the entry. Basically that's going to push over to the west side at the new entrance so that the materials will be the same. Another item in the staff report was, they asked about the stormwater calcs, 10 years and 24 hour storm event. I thought I had submitted one but I have an additional one here if you need that. I apologize. I thought there was one in the report or the package we gave you but. One other item I did want to address is that Sharmin and I had discussions in the last week or so about some of these items on the list of the report. And one was in regards to the existing 4 inch watermain coming into the building and because we are sprinkling the entire building, that we got some conflicting information. Our mechanical engineer had spoke with, I believe it was the Fire Marshal and addressed that issue and the Fire Marshal stated that the 4 inch watermain would be acceptable. And then when I talked with Sharmin she spoke with someone else but I'm under the impression as of today, from what my engineer told me, that the 4 inch watermain is sufficient. Is that correct? Is that how it stands? ...and from my impression was when our engineer talked with the Fire Marshal, then they went and talked with the Building Official and it was agreed upon that it would be okay and so I just wanted to make note of that here. An item noted in the report. It says to show a trash enclosure. The current building has one and it is enclosed in a brick area so we're just going to reuse that existing one. The other items are all fine. We would be happy to talk about the parking at this stage. I do have Mr. Kevin McShane. He's the President of the Bank with me tonight and he is more familiar with the 1995 agreement with the City, if we want to get into that discussion. The bank currently has just 30 employees. Just, they have 30 employees and our thought was that parking, the employees would park on the northwest or northeast side of the site and leave the parking along the west for customers. The lower level of the building, the addition is basically unfinished space. We have a mechanical room. We have a storage room and at this stage we really don't have any intent. There was a thought to potentially lease it out but there, who wants to go down into the basement to lease but there is a potential for that. The second level has a potential. That is designed for tenants and with the design of the second level I believe there's roughly 2,500 to 3,000 square feet so if you put that into how many people would actually fit into 19 Planning Commission Meeting -June 18, 1997 a space like this, I correlate to our firm. We have 11, or we have 12 employees in our firm and we're in a space roughly 2,500 square feet.. So if you start saying there's 30 employees, say 15 people would lease, be on the second level. Now you're up to 45 people. Say they even leased some of the basement. Add another 10 so I think you could start to say that if we get up to 50 employees, then you have spare, another 21 parking stalls for customers coming in and out of the bank. And so we can, I guess we can talk about the rationale of 71 probably is sufficient but we also think, agree with Sharmin that... potentially using some of the post office. Developing that area and/or like in the 1995 document, there were some drawings showing when the existing, the old bank building across Market Boulevard would be removed. That parking could occur over there. So any'questions? Conrad: Did you even consider building the bank towards West 78` Jeff Pflipsen: That was a thought but our concern is in regards to where people have to go through it. Now functionally from inside the bank where you have your teller line, your employees, your officers and your offices, it functions better on the west side so yes we did address that. And then our other worry with that was now, we put that over there. There's no place for parking so now all the parking is on the far side of the site away from it so we felt that was a concern. Peterson: Questions? Thank you. This item is also open for a public hearing. May I have a motion to open that to the same and a second please. Blackowiak moved, Conrad seconded to open the public hearing. The public hearing was opened. Peterson: Thank you. This is a public hearing. If you wish to address the commissioners this evening, please come forward and state your name and address please. Seeing none, may I have a motion and a second to close the public hearing. Brooks moved, Blackowiak seconded to close the public hearing. The public hearing was closed. Peterson: Comments from commissioners. Sidney: Well I guess I don't have any concerns except parking at this point and I actually kind of have a question for staff at this point about what happens during construction. Where do people park? So I guess I would like to see that issue resolved as quickly as possible and I guess my vote would be for using the post office space if possible if the timing is right. But other than that I guess I don't have anything else. Peterson: Bob. Skubic: I don't have any. 20 Planning Commission Meeting - June 18, 1997 Peterson: Ladd. Conrad: Yeah I like it. I wish Kevin would have put the drive through on the north side many years ago Kevin. Why didn't you do that? Kevin McShane: I wasn't here. Conrad: I know you weren't but that's too bad that we don't have the opportunity to push the building forward. I think the addition will give the bank better presence. I like it. I think it's just, I like that. I'm not worried about parking at all. They'll solve that. That's solvable. Peterson: Allyson. Brooks: I don't really have any comments. Just to say that I, you know am concerned that we don't over build the parking spaces and I'd rather see more landscape than parking but, keep that in mind. Peterson: Alison. Blackowiak: No comments. Peterson: Nor do I. It's a nice job also. With that, may I have a motion and a second please. Skubic: I'll move that the Planning Commission recommend approval for Site Plan #97 -7 as shown on the site plan dated Received May 16, 1997, subject to conditions 1 through 16 as outlined by staff. Conrad: Second. Peterson: Any discussion? Skubic moved, Conrad seconded that the Planning Commission recommends approval of Site Plan Review #97 -7 as shown on the site plan dated received May 16, 1997, subject to the following conditions: 1. The applicant needs to prepare an erosion control plan in accordance with the City's Best Management Practice Handbook and be submitted for review and approval prior to issuance of a building permit. 2. The site plan shall be revised to include water and sewer service to the new addition and extension of the storm sewer lines to convey storm water runoff from the northwesterly portion of the parking lot and eliminate the existing concrete spillway onto Market Boulevard. 3. All drive aisle widths shall be 24 feet wide per City Ordinance. 21 Planning Commission Meeting - June 18, 1997 4. The applicant shall supply the City.with detailed storm drainage calculations for a 10 -year 24 -hour storm event to each catch basin segment. 5. The applicant's contractor should inspect the City boulevards adjacent to the construction for any damage to the sidewalk or curbing prior to commencement of site work. The contractor will be held responsible upon final inspection for any damages to the City's sidewalk, curbs or boulevard. 6. The proposed retaining wall on the easterly portion of the site should be revised to not exceed 30 inches in height. 7. The applicant will be responsible for additional sewer and water hookup charges calculated on the number of additional SAC units being charged. 8. All roof top equipment shall be screened from views. 9. All HVAC equipment placed on the ground must be screened with landscaping. 10. The applicant shall increase landscape plan to include 5 additional trees. The applicant shall also provide staff with a detailed cost estimate of landscaping to be used in calculating the required financial guarantees. These guarantees must be posted prior to issuance of a building permit. 11. Show location of trash enclosure. The materials used to screen the trash enclosure shall be the same type of brick used on the building. 12. The applicant must obtain a sign permit prior to erecting any signage on site. Provide a detailed sign plan for review and approval. 13. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities as required for landscaping. 14. Concurrent with the building permit, a detailed lighting plan meeting city standards shall be submitted. 15. Building Official's conditions: a. The new addition and existing building must comply with Minnesota State Building Code Chapter 1306. b. Water service sizing should be analyzed to determine its correct required size. Meet with the Building Official as early as possible to discuss commercial building permit requirements. 22 Planning Commission Meeting - June 18, 1997 d. Provide recycling space as required by Minnesota State Building Code 1300.4700. Demonstration of compliance may be provided on construction documents. 16. Approval of the site plan is contingent upon parking requirements being met. The current plan is deficient 27 parking spaces. The spaces may be accommodated off site in a location agreeable to both the City and the Bank." All voted in favor and the motion carried. PUBLIC HEARING: REQUEST FOR SITE PLAN REVIEW OF A 9,680 SO. FT. MULTI - TENANT BUILDING WITH THE MAJOR TENANT BEING VIDEO UPDATE ON PROPERTY ZONED BN, NEIGHBORHOOD BUSINESS DISTRICT AND LOCATED ON LOT 1, BLOCK 1, SEVEN AND FORTY -ONE CROSSING, SOUTHWEST CORNER OF THE INTERSECTION OF HIGHWAY 7 AND 41, R & A RETAIL CENTER, MARK A. DAVIS AND ASSOCIATES. Public Present: Name Address Mark Davis 2333 Sheridan Terrace, Wayzata, MN 55391 Richard Heise 188 View Road, Mahtomedi, MN 55115 Roger Gordon 6508 Parkwood Road, Edina, MN 55436 Jennifer Greene, Welsh Companies Inc. 8200 Normandale Blvd, #200, Mpls, MN 55437 Brian Pellowski, PBK Investments 5500 Wayzata Blvd, Golden Valley, MN 55416 Sharmin Al -Jaff presented the staff report on this item. Peterson: Questions of staff. Conrad: Yeah. Do you have a bigger, I see the site plan. I'd like to see the context that it fits into and I didn't see that. Was it in our, I didn't see it. That's it. Yeah. That's not. I'd like to see how it fits in the shopping center and the traffic flow. Al -Jaff: I will go get it. Peterson: Other questions that Kate may be able to answer. Other questions of staff. Maybe one for Sharmin too Kate but, as I look at the west elevation. Primarily the west at least and it's what we consider the back of the building. There's a large area without a lot going on that's pretty high visibility. A look at the landscaping plan and I'm trying to balance what's in the landscaping plan versus this huge brick wall that people are going to see. Predominantly, I assume the west elevation would really be seen coming from the west on Highway 7, right? 23