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4. Famous Dave's Bldg Per App ~ CITY OF CHANHASSEN ¡ ~ j \ 690 City Center Drive, PO Box 147 1 ChanhilJsen, Minnesota 55317 Phone 612.937.1900 General FIIX 612.937.5739 Engineering FIIX 612.937.9152 , Public Safety FIIX 612.934.2524 ,'~ Wéb www.ci.chanhassen.mn.us '" 4 - MEMORANDUM TO: Don Ashworth, City Manager FROM: Kate Aanenson, Planning Director DATE: February 25, 1998 SUBJ: Famous Dave's Plat Requirements Famous Dave's Restaurant has requested a building permit. Two conditions of approval that were adopted by the city council currently prevent the issuance of a building permit. They are: On October 13,1997, the council considered the final plat of Villages on the Ponds Second Addition CPUD 95-2) and approved the following condition: "The developer shaH grant to the City of Chanhassen a conservation easement over Outlot L, Villages on the Ponds as described in the conditions of approval for the Villages on the Ponds." On November 24,1997, the council considered Site Plan Approval for Famous Dave's Restaurant (No. 97-11) and approved the following condition: "A building permit shaH not be issued until the final plat of Villages on the Ponds Second Addition is recorded and the access driveway meets fire code requirements." The applicant is requesting that the city council waive the above two conditions to allow issuance of a building permit. In order to do this, the council would have to convene a special meeting so that action could be taken. If the council chooses to revoke these conditions, I would suggest that a condition be added stating that the conservation easement across Outlot L must be resolved to the city's satisfaction prior to any future plats being approved. . MANAGER'S COMMENTS: The above recommendation seems reasonable. Famous Dave's has nothing to do with the appeal by St. Hubert's of the original requirement to place a conservation easement over the 2.2 acre parcel. This office would recommend allowing Famous Dave's to move forward with the condition that the attorney's office notify the Wards, St. Hubert's, and Lotus Realty, that no additional plats will be considered until such time as the conservation easement is recorded as originally approved. g: \p tan \ka \famousdaves.doc The City of Chanhassen. A growing community with cltan lakes, quality schools, a charming downtown, thriving businesses, and beautifùl parks. A great place to live, work, and pia} j"~ City Council Meeting - October 13,1997 ~ Mayor Mancino: Thank you. Anyone else wishing to address the Council? Okay, seeing none I'll bring this back to Council. Councilman Senn: I would move that, in that we've now had the presentation from the Association and the public input, that we table this and ask staff to prepare a response that can be presented before Council and the public next meeting. Mayor Mancino: Okay. And that would be when? On October 27th? Is that our next meeting? Councilman Senn: I think that's our next regular meeting, isn't it? Mayor Mancino: At the next regular meeting. Don Ashworth: That would be the next regular, yes. Mayor Mancino: Okay. Any discussion on that? Councilman Berquist: That's absolutely fine with me. I'm frankly amazed at one person speaking, except for the two of the three tri-chairs and the Minnetonka gentleman in favor of it. I really expected more people to speak to it. Mayor Mancino: Is there a second to the motion? Councilman Berquist: I'll second the motion to table. Councilman Senn moved, Councilman Berquist seconded to table the request for a donation to the Chaska Community Hockey Association and direct staff to prepare a response that can be presented before Council and the public next meeting. All voted in favor and the motion carried. Mayor Mancino: The motion carries. It will be tabled and we will have a written decision at our next Council meeting October 27'h. Thank you. Thank you for coming. VILLAGES ON THE PONDS DEVELOPMENT, NORTHEAST CORNER OF HIGHWAY 5 AND GREAT PLAINS BLVD: A. CONSIDER ACOUISITION OF OUTLOT L (2.2 ACRES). B. FINAL PLAT/REPLAT OF OUTLOT C INTO TWO LOTS. C. APPROVE ADDENDUM A TO DEVELOPMENT CONTRACT. Don Ashworth: During the development of Villages on the Pond there's been a number of questions as to what really transpired with Outlot L. St. Hubert's Church would like the City Council to consider actually purchasing that. I believe that through the process the City and Council has considered this as an area that should fall under conservation easement. In fact went so far as to require that the developer include that as a part of another document that was entered into between the developer and the City. Staff really was unclear as to what the City Council's intent was and accordingly have returned the item to the City Council to tell us whether or not it is to be continued to be looked at as a conservation easement or are we to move ahead with some form of attempt to in fact acquire that parcel. 13 Councilman Senn: Okay. So effectively if we take no action we are effectively keeping our position which is reflected I believe in a couple of city documents already saying that it will be a conservation easement and will not be paid for. City Council Meeting - October 13, 1997 " Mayor Mancino: Any questions at this time? Comments from Council members on this. Which way we would like to see it go. It has been stated in the wetland alteration permit that was taken out for the ) Villages on the Pond PUD, that Outlot L be set aside as a conservation easement. It has also been stated in the conditions of approval for site plan for St. Hubert's church that this be a conservation easement. Councilman Senn. Councilman Senn: As I understand it, and I guess that's what I want to clarify. The only action that would be necessary is if we were going to take an action to change our minds as to what we've already said, correct? Don Ashworth: I believe that is correct. Don Ashworth: Do you concur? Councilman Senn: Okay. That would be my opinion. Mayor Mancino: Okay. Do we need to make that into a motion? Roger Knutson: No action is necessary if you don't want to do anything other than what you've already done. Mayor Mancino: Okay. Then we will leave it as is. (There was a tape change at this point in the discussion.) Bob Generous: .. .approval and from the addendum A to the development contract. Staffis recommending approval of the final plat. Mayor Mancino: Okay, thank you. Any questions? Is the applicant here tonight, and would you like to address the City Council? Okay. The applicant is not here tonight. Then let us take action. Are there any comments first from any Council members? Councilman Senn: Move approval. Councilman Mason: I second it. Mayor Mancino: Excuse me. Would you clarify. Are you including number I or are you deleting condition number I? It certainly doesn't hurt us to be redundant, does it? Roger Knutson: No. Councilman Senn: Leave it. Councilman Mason: Yeah. 14 L:.\·' City Council Meeting - October 13, 1997 , Mayor Mancino: Leave it, okay. So just to make clear, it would be all 8 conditions. Councilman Mason: As stated in the staff report. Councilman Senn: Yep. Yeah, as per staff's recommendations. Conncilman Senn moved, Councilman Mason seconded to approve Villages on the Ponds Second Addition final plat, PUD 95-2, subject to the following conditions: 1. The developer shall grant to the City of Chanhassen a conservation easement over Outlot L, Villages on the Ponds as described in the conditions of approval for the Villages on the Ponds. 2. Provide cross access easements and maintenance agreements which shall be dedicated over Lots I and 2, Villages on the Ponds 2'· Addition for access and utility purposes. 3. The appropriate drainage and utility easements will need to be dedicated on the plat over the stormwater basins and wetlands on the property. Drainage and utility easements shall be dedicated on the final plat for the stormwater basin and wetland up to the 100 year flood elevation. 4. The applicant shall enter into an addendum to the development contract/PUD agreement for Villages on the Ponds. 5. The applicant shall pay the City GIS fees in accordance with City fees at time of recording the final plat. 6. The proposed commercial development of 2.13 net developable acres is responsible for a water quantity fee of$9,287. This fee is due payable to the City prior to the City filing the final plat. 7. All utility improvements shall be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the applicant or their successors shall supply the City with a mylar set of as-built construction plans. All utilities installed within the plat shall be owned and maintained by the property owners and not the City. 8. The developer shall pay full park and trail fees pursuant to City Code. All \"oted in favor and the motion carried. Mayor Mancino: 6C. Approve Addendum A to Development Contract. Staff report please. Dave Hempel: Mayor, City Council members. The replat of Villages on the Ponds Phase I, which is Villages on the Pond Second Addition results in the necessity to amend the original development contract to include this new plat. No additional public utility or street improvements will be necessary in conjunction with this replat. The attached Addendum A extends the conditions of approval ITom Phase 1 to also apply to the Second Addition. It is therefore recommended that the City Council approve Addendum A to the development contract for Villages on the Ponds conditions upon the developer supply the City with administration and recording fees. One other point I'd like to raise is I did have three additional conditions to add to this particular development contract to bring it up to our current 15 City Council Meeting - October 13, 1997 " development contract standards. One of them has to do with construction hours. To make it uniform with other development contracts. Noise amplification and development signs. Mayor Mancino: Thank you. Any questions for staff at this time? Any comments from Council members? May I have a motion. Councilman Senne Move approval with the three new conditions added. Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded to approve Addendum A to the development contract for Villages on the Ponds conditioned upon the following conditions: 1. The developer supplying the City with an administration and recording fees in the amount of $100.00 2. Construction hours consistent with other development contracts. 3. Noise amplification consistent with other development contracts. 4. Development signs standards consistent with other development contracts. All voted in favor and the motion carried. POSTAL SERVICE UPDATE: Mayor Mancino: Moving right along. The next item on the agenda is item number 7. Postal Service update. Mr. City Manager please. Don Ashworth: The City has received bids for the trail, the landscaping and the fence. I think it's fair to say that we do have a budgetary problem that we're going to need to discuss and work out in terms of how do we stay within the $32,000.00 limitation, potentially using additional materials from the City's tree farm to reduce the materials, etc. However, all of those discussions are really moot until such time as the Postal Service grades the south side of that berm, the 2: I slope that they agreed to in writing between the City and the Postal Service earlier this year. That has not been completed. We're basically presenting this item so as to allow the City Attorney to inform the Ciry Council as to how we might pursue getting them in compliance. With that I guess I would ask the City Attorney to speak. Roger Knutson: Mayor, members of the Council. We have been, I'll be blunt about it. We've been beating them over a head about once a week with repeated phone calls to their architect saying, when are you coming? It's snowing out there. We didn't tell them that because it just started now. We have been beating them.. And unfortunately I have to report to you what they tell me is, they don't know. Why don't you know? Because they haven't gotten the job done. They should have gotten the job done and we will keep beating on them until, I'm convinced, well they know they have to do it and they will do it because they signed a contract with us saying they will do it. This is not a matter of negotiations anymore. It's a done deal. It's just a matter of getting them out there and doing it and we will continue to beat on them. At some point I suppose if worse comes to worse, we'd have to recommend we start a lawsuit against the post office. I'm not recommending that tonight because a lawsuit would take a lot longer hopefully than it will take them to finish the darn job. They've just got to get at it. 16 ) December 2, 1997 AUSMAR Development Co., LLC c/o Ms. Vernelle Clayton Lotus Realty Services, Inc. P.O. Box 235 Chanhassen, MN 55317 Dear Vernelle: This letter is to formally notifY you that on November 24, 1997, the City Council approved Site Plan #97-11 for a 5,300 square foot building on Lot I, Block I, Villages on the Ponds 2nd Addition, for Famous Dave's shown on plans prepared by Milo Architecture Group, dated 10/20/97, subject to the following conditions: I. The developer shall enter into a site plan agreement and provide the necessary security required by the agreement. 2. Add three ornamental trees to north side of building. 3. Add 3 overstory trees to parking lot landscaping plan: one on each side of the trash enclosure and one in the northwest corner of the parking lot. Enlarge islands on either side of trash enclosure to include planting space for trees. Enlarge landscape island at the north end of the parking lot to accommodate trees. Landscape islands less than 10 feet in width must have aeration tubing installed with the trees. 4. Add landscaping (shrubs or hedges) to north side of property to screen parking lot ITom Highway 5. 5. The applicant shall provide detailed sign plans for staff's review and approval. A separate sign permit shall be applied for by the applicant. 6. Lights that do not appear on the elevations plan shall not be permitted on the building. Ms. Vernelle Clayton December 2, 1997 Page 2 7. The eyebrow window along the east elevation shall match the other windows and contain the same decorative element. .~ 8. The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and the Surface Water Management Plan requirements for new developments. The building setback line and erosion control fencing shall be denoted on the final grading and drainage plans prior to issuance of a building permit. The plan shall be submitted to the City for review and formal approval. 9. The sanitary sewer and water lines and storm sewer on the site will be privately owned and maintained by the property owner and not the City. The contractor will be responsible for obtaining the appropriate sewer, water, and plumbing permits from the City's building Department. Cross access easements for the utilities and driveways shall be dedicated over the lot. 10. Revise parking lot layout per staffs design (see attached). I I. A building permit shall not be issued until the final plat of Villages on the Ponds Second Addition is recorded and the access driveway meets fire code requirements. Enclosed are two site plan agreernents for your signature. Please execute both copies and return them to me for city signatures along with the required escrow for landscaping and erosion control. One copy will be returned to you for your records. Should you have any questions, please feel free to contact me. Sincerely, Sharmin AI-Jaff Planner II Enclosure c: Dave Hempel, Asst. City Engineer Steve Kirchman, Building Official .."