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J-1. Chanhassen Specialty GroceryMY OF CHANHAS3EN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone, 952.2271100 Fax 952.2271110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952 227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.2271400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952 227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Z__ I MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: October 27, 2014 0 SUBJ: Chanhassen Specialty Grocery / Villages on the Ponds 11`h Addition Planning Case #2014 -29 PROPOSED MOTION "The Chanhassen City Council approves the Preliminary and Final Plat for Villages on the Ponds 11'f' Addition; Site Plan for Chanhassen Specialty Grocery with a Variance to the sign letter size on the north and west building elevations subject to the modified conditions of the Planning Commission staff report; and the Development Contract for Villages on the Ponds 111 Addition; and adopts the Findings of Fact." City Council approval requires a majority vote. EXECUTIVE SUMMARY The developer is requesting subdivision approval to create two lots and one outlot, and site plan review for a 14,000 square -foot, one -story specialty grocery store with a variance from the Planned Unit Development sign letter height to permit letters in excess of 30 inches. The initial phase of development will plat one lot for the commercial building receiving site plan approval. A future phase will plat Outlot B as a lot and block and go through a separate site plan review. The applicant has revised the plat from that shown for the preliminary plat to remove that area of Outlot B that included parking area being proposed for this phase of development. When Outlot B is final platted in the future as a lot and block configuration for development, city fees will be collected. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on October 7, 2014 to review the proposed development. The Planning Commission voted 6 — 0 recommending approval of the development as proposed subject to the conditions of the staff report. Website As part of the discussion, the sign variance was opposed by another business within www.ci.chanhassen.mn.us Villages on the Ponds. Staff has provided a summary table of the signs for individual tenant buildings. Chanhassen is a Community for Life . Providing for Today and Planning for Tomorrow Todd Gerhardt Chanhassen Specialty Grocery/ Villages on the Ponds 11' Addition October 27, 2014 Page 2 Tenant Letter Height Sian Heiaht Notes Americhm 28 inches 11 feet 6 inches Sector II Bokoo Bikes 18 inches 4 feet Sector I Community Bank 16 inches 4 feet 6 inches Sector I, Variance to sign height on building. Foss Swim School 24 inches 2 feet Sector I Houlihan's 30 inches 2 feet 6 inches Sector II Lakewinds 29 inches 5 feet Sector I As can be seen by the table, increasing the height of the letters will be in keeping with other signage height within the project. The intent of the letter limitation was to provide pedestrian scale signage. However, the north and west elevations of the building are directed toward Highways 5 and 101. The Planning Commission minutes for October 7, 2014 are part of the City Council consent agenda packet for October 27, 2014. RECOMMENDATION Staff recommends approval of the subdivision, site plan with variances to sign letter height and the development contract for this project, and adoption of the Findings of Fact. ATTACHMENTS 1. Development Contract. 2. Reduced Copy Final Plat, Villages on the Ponds l la' Addition. 3. Planning Commission Staff Report Dated 10/7/14. 4. Schematic of Revised Lot Lines (changes shown in red dash lines). 5. Americlnn Sign. 6. Bokoo Bikes Sign. 7. Community Bank Sign. 8. Foss Swim School Sign. 9. Houlihan's Sign. 10. Lakewinds Sign. g: \plan\2014 planning cases\2014 -29 chanhassen specialty grocery\executive summmy.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "E" TO VILLAGES ON THE PONDS DEVELOPMENT CONTRACT/PUD AGREEMENT VILLAGES ON THE PONDS ]PI ADDITION SPECIAL PROVISIONS AGREEMENT dated ' 2014, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City "), and POND PROMENADE VENTERS, LLC, a Minnesota limited liability company (the "Developer "). 1. BACKGROUND. The City of Chanhassen has previously entered into a Development Contract/PUD Agreement for VILLAGES ON THE PONDS dated September 23, 1996 and recorded on December 31, 1996 as Carver County Abstract Document No. 205417, which was amended and modified by the following: A. Addendum "A" to Villages on the Ponds Development Contract/PUD Agreement between the parties dated September 22, 1997 and recorded June 11, 1999 as Carver County Abstract Document No. 251282, which Addendum approves the platting of Villages on the Ponds Second Addition. B. Addendum `B" to Villages on the Ponds Development Contract/PUD Agreement between the City and Wheatstone Restaurant Group, LLC, dated May 11, 1998 and recorded August 13, 1998 as Carver County Abstract Document No. 233012, which Addendum approves the platting of Villages on the Ponds Third Addition. C. Addendum "C" to Villages on the Ponds Development Contract/PUD Agreement between the parties dated June 14, 1999 and recorded August 11, 1999 as Carver County Abstract Document No. 255115, which Addendum approves the platting of Villages on the Ponds 4th Addition. D. Addendum "D" to Villages on the Ponds Development Contract/PUD Agreement between the parties dated June 14, 1999 and recorded October 15, 1999 as Carver County Abstract Document No. 258780, which Addendum approves the platting of Villages on the Ponds Fifth Addition. 1788010 1 E. Second Amendment to Villages on the Ponds Development Contract/PUD Agreement between the parties dated November 26, 2001 and recorded May 7, 2002 as Carver County Abstract Document No. 315168, which Amendment is amending the development design standards to designate building height ad incorporate a use conversion methodology. F. Third Amendment to Villages on the Ponds Development Contract/PUD Agreement between the parties dated April 8, 2002 and recorded January 2, 2003 as Carver County Abstract Document No. 338091, which Amendment is amending the development design standards to transfer additional square footages to the institutional use category. (the foregoing are collectively referred to herein as the "Development Contract/PUD ") The Developer is now platting VILLAGES ON THE PONDS 11T'H ADDITION, which property is legally described as attached in Exhibit A (the "Plat" or "Development' ). 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract/PUD Agreement shall remain in full force and effect and shall also apply to VILLAGES ON THE PONDS 11TH ADDITION. 3. SPECIAL CONDITIONS. hi addition to the terms and conditions outlined in the Development Contract/PUD Agreement, the following conditions shall apply: A. SECURITIES AND FEES 1. The $80,297.06 cash fee and the fully- executed development contract must be submitted before the final plat is recorded. The cash fee was calculated as follows: Surface Water Management Fee Park Dedication Fee $46,591.40 $33,875.00 GIS Fee ($25 plat + $10 /parcel x 3 parcels) $55.00 Total Cash Fee $80,521.40 B. PARKS AND RECREATION CONDITION OF APPROVAL 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for the Plat. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current commercial park fee rate of $12,500 per acre, the total park fees would be $33,875.00. 1788010 C. ENGINEERING CONDITION OF APPROVAL 1. The Surface Water Management connection charges are $46,377.06. This fee was calculated as follows: Area Rate Total Water Quality 2.17 ac $22,060/ac $47,870.20 Water Quantity 2.17 ac $8,560/ac $18,575.20 Treatment BMP Credit 1.80 ac $22,060(0.5)/ac ($19,854.00) $46,591.40 2. The Developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. All digital information submitted to the City shall be in the Carver County Coordinate system. 3. City water (WAC), City sewer (SAC) and Metropolitan Council sewer (Metro SAC) fees will be collected with the building permit and will be calculated based on the uses within the building. 4. The final plat shall include a 20 -foot drainage and utility easement centered over the public utilities within Outlot A of the Plat. 5. Prior to issuance of a building permit, the Developer must record a drainage and utility easement, or other equivalent protection as agreed to by the City over the Ecostorm and the sand filter basin. This recorded easement must specifically identify the party who is responsible to own and maintain the system and must meet the requirements set forth m Part III.D.5(5) of the General Permit Authorization to Discharge Stormwater Associated with Small Municipal Separate Storm Sewer Systems under the National Pollution Discharge Elimination System/State Disposal System (NPDES /SDS) Permit Program. 6. Plan "B" Grading, Drainage and Erosion Control plans dated July 23, 1997, prepared by BRW, hic. shall be replaced with the Grading, Drainage and Erosion Control plans dated September 5, 2014, prepared by Sambatek. 4. GENERAL CONDITIONS OF DEVELOPMENT CONTRACT. The City's General Conditions of Development Contract are incorporated herein and are attached hereto as Exhibit B. 1788010 CITY OF CHANHASSEN Mv (SEAL) STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) Thomas A. Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this day of 2014, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 1788010 4 POND PROMENADE VENTURES, LLC: IM STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of _, 2014, by , of Pond Promenade Ventures, LLC, a corporation, on behalf of the corporation. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -110 1788010 EXHIBIT A Legal description of development property: Outlot B, Villages on the Pond 0 Addition, Carver County, State of Minnesota, according to the recorded plat thereof. 1788010 EXIBIT B 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi- phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer /inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The 1788010 7 Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Star. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City s rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be fiunished to the City to guarantee compliance with City Code § 7 -22. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 178801A 8 10. Park Dedication. The Developer shall pay firll park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 11. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one -half (2'/2) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1 st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7 -22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 12. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty /maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25 %) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 13. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each 1788010 9 lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 14. Existing Assessments. Any existing assessments against the plat will be re- spread against the plat in accordance with City standards. 15. Hook -up Charges.. The hook -up charges shall be collected at the time the building permits are issued at the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 16. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 17. Responsibility for Costs. A. The Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 17D of this Agreement. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. E. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. F. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall 1788010 10 development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. G. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 18. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 19. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre - construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. 1788010 11 The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. G. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. H. hnsurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. L Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Assi agn bility. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. K. Construction Hours. Construction hours, including pick -up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must 1788010 12 cease for seven (7) calendar days L. Noise Amplification. The use of outdoor loudspeakers, bullhoms, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. M. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. N. Street Maintenance. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. O. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off -site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20 %) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period. P. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. Q. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. R. Compliance with Laws, Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 1788010 13 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. S. Proof of Title. Upon request, the Developer shall fiumish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. T. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. U. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. V. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer W. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. 1788010 14 MORTGAGE HOLDER CONSENT TO ADDENDUM TO VILLAGES ON THE PONDS DEVELOPMENT CONTRACT/PUD AGREEMENT , a I which holds a mortgage on all or part of the property more particularly described in the foregoing Addendum, which mortgage is dated , and recorded , as Document No. with the office of the County Recorder/Registrar for Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent, and is subject to the foregoing Addendum to Villages on the Ponds Development Contract/PUD Agreement. By: Its And Its STATE OF MINNESOTA ) ( ss. COUNTY OF ) [print name] [print name] The foregoing instrument was acknowledged before me this day of , 2014, by and respectively the a DRAFTED BY: Campbell Knutson, P.A. 1380 Corporate Center Curve, #317 Eagan, Minnesota 55121 Telephone: (651) 452 -5000 and Notary Public 1788010 7 _ of on behalf of said 1788010 FEE OWNER CONSENT TO ADDENDUM" " TO VILLAGES ON THE PONDS DEVELOPMENT CONTRACT/PUD AGREEMENT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Addendum, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of 20 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this , 2014, by Notary Public DRAFTED BY: Campbell Knutson, P.A. 1380 Corporate Center Curve, #317 Eagan, Minnesota 55121 Telephone: (651) 452 -5000 (AMP) 1788010 7 day of a of z 8 0 LLJQ z I..L z 0 Ln W Q J J -- - - - - -- I p 8 R ••. � � R 00'40[ 3.CO,Y4005 'S8feL'__ ----------- MmVil_____ iii , RNOR wr Wae li 1 I xx E� F 9 as d �Q C SS ', �>3 i ♦ � „ e� COI �� $�s p I Y { Lil r pp 4 e\ n a S x k E k R L� i a t R 5 2 ♦ ♦ �R -1 I I 1 � ,I � m 38 I EI EH 16 Y O� b ♦II •YI i .♦_ I �I =, I •? - I •weu♦u aiivt HIII�N I ;c, I xx E� F 9 as d �Q C SS ', �>3 i ♦ � „ e� COI �� $�s p I Y { Lil r pp 4 e\ n a S x k E k R L� i a t R 5 2 OF CHANHASSEN PROPOSED MOTION: PC DATE: October 7, 2014 CC DATE: October 27, 2014 REVIEW DEADLINE: November 4, 2014 CASE #: 2014 -29 BY: AF, RG, TII, TJ, ML, JM, JS "The Chanhassen Planning Commission recommends that City Council approve the preliminary plat for Villages on the Ponds 1 Ph Addition and approve the site plan for Chanhassen Specialty Grocery with a variance to the sign letter size on the north and west building elevations subject to the conditions of the staff report, and adopts the Findings of Fact and Recommendation." SUMMARY OF REQUEST: The developer is requesting preliminary plat approval to create two lots and one Outlet and Site Plan Review for a 14,000 square -foot, one -story specialty grocery store with a variance from the Planned Unit Development sign letter height to permit letters in excess of 30 inches. LOCATION: Northwest Corner of Lake Drive and Main Street Outlet B, Villages on the Ponds 4h Addition (PID 25- 8460030) APPLICANT: Venture Pass Partners, LLC 19620 Waterford Court Shorewood, MN 55331 (612) 801 -4313 rrauwerdink @venturepass.net Owner: Northcott Company 250 Lake Drive East Chanhassen, MN 55317 (952) 294 -5215 bschwen @northcotthospitality.com PRESENT ZONING: Planned Unit Development (PUD) (Villages on the Ponds) 2020 LAND USE PLAN: Mixed Use ACREAGE: 2.71 acres DENSITY: F.A.R. 0.29 Planning Commission Villages on the Ponds 11`s Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 2 of 21 LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL /SUMMARY The development is located within Villages on the Ponds, a mixed -use development. The site was rough graded as part of the overall development. The property is located within Sector I of the Villages on the Ponds development. The applicant is requesting subdivision approval to create two lots and one outlet and site plan approval. The proposed development consists of a one - story, 14,000 square -foot retail building. A second building site is being platted along Lake Drive, which will be developed in the future. The primary parking for the project is located in the interior of the lot. Some on- street parking is also available along Lake Drive, Main Street and Pond Promenade, which are all private streets. Within Villages on the Ponds there are existing cross- access and cross- parking agreements that permit a portion of the parking to be located off site. Parking requirements in excess of those specifically provided on site are through shared parking. The primary building material consists of dark brown and tan rock face block, single score burnished block light brown accent bands with brown and reddish brown brick in columns and at the entrance. Black awnings are proposed over individual windows. A white E.I.F.S. cornice is incorporated at the top of the walls. The roof is a lighter brown standing seam metal. The proposed development is consistent with the comprehensive plan and the project's development design standards. Staff is recommending approval of the project subject to the conditions of this report. Planning Commission Villages on the Ponds I lb Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 3 of 21 APPLICABLE REGULATIONS Chapter 18, Subdivision Chapter 20, Article II, Division 6, Site Plan Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Development Villages on the Ponds Development Design Standards BACKGROUND On December 9, 2002 the Chanhassen City Council approved Site Plan #2002 -9, plans prepared by Truman Howell Architects and Associates, Inc., dated October 18, 2002, for a 70,873 square - foot, three -story building consisting of street level commercial and upper level hotel rooms (not constructed); and A variance for the use of more than 15 percent EIFS on the building based upon the finding that it is consistent with other buildings approved in the area (void since not used); and A variance for signage in excess of 20 feet in height on the building based on the fact that it is consistent with the approval given to the Community Bank of Chanhassen building (void since not used). On June 28, 1999, the City Council approved PUD 95 -2 granting Final Plat approval for Villages on the Ponds Fourth Addition, creating one lot and two outlots. The lot is for the Peddler Cyclery, a.k.a., Bokoo Bikes. On September 23, 1996, the City Council approved PUD 95 -2, Villages on the Ponds, including a Comprehensive Land Use Plan amendment from Office /Industrial, Institutional, Residential Medium Density, Residential Low Density to Mixed Use - Commercial, High Density Residential, Institutional and Office; Preliminary planned unit development for up to 291,000 square feet of commercial/office buildings, 100,000 square feet of institutional buildings, and 322 dwelling units; Rezoning from IOP and RSF to PUD, Planned Unit Development (final reading); and final plat dated "Received September 19, 1996" for two lots and ten outlots and public right -of -way. The developer is proposing subdividing the property into two lots and one outlot. The initial phase will only plat one lot for the specialty grocery building. Outlot A is for Pond Promenade. Outlot B will be final platted in the future as a lot for another commercial building. Planning Commission Villages on the Ponds 11"' Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 4 of 21 ON THE- i ONMI E: u[ THE' all i'.EI VI * 1 �'r p�•L, j11,bC, .^a: "^ -- _ . ... t.'� i PROMENADE � jLE I[/3� L.MW 1Y5. 1 - —0014 �494R - p..n.s. m•m'�° O U r�oT A :.r � pnn i 2 4y 9 as A.r.,w taw, E`er > _ -; 4 \ , .. .. FY'" - ..uu.v1°"� :y'_ r_ —NM 3tli'E11R1l -- -." •: l - \` LAKE DRIVE OUTLOTA 'UIIij Z1 .� . (Revised Plat) PRELIMINARY PLAT Fees The fees collected with the final plat are: Surface Water Management fee Park Dedication fee GIS fee: $25 (plat) + ($10 /parcel x 3 parcels) = $55 City water (WAC), City sewer (SAC) and Metropolitan Council sewer (Metro SAC) fees will be collected with the building permit and will be calculated based on the uses within the building. The Surface Water Utility Charges are calculated based upon land use type and land area. Credits may be applied based upon storm water practices being implemented. The following table illustrates the Storm Water Utility Charges associated with the development of this parcel. Planning Commission Villages on the Ponds 11`h Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 5 of 21 • • PARKS This property is located within the community park service area for Lake Susan Community Park and the neighborhood park service area for Rice Marsh Lake Neighborhood Park. Employees and visitors to the specialty grocery store will have convenient access to these publicly - maintained park and recreation facilities. Lake Susan Park is 33 acres in size and features large playgrounds, basketball court, picnic shelter, tennis courts, archery range, public water access, fishing pier and a ball field. Ample off - street parking is available at the park. Rice Marsh Lake Park is four acres in size and features a playground, ball field, basketball court, volleyball court and a small picnic shelter. Off - street parking is available. No additional parkland acquisition is being recommended as a condition of this subdivision. TRAILS The subject site has convenient access to the public trails along Great Plains Boulevard, the three - mile Rice Marsh Lake Trail Loop and the Lakeside trail route to Lake Susan Park. No additional trail construction is being recommended as a condition of this subdivision. PARK AND TRAIL CONDITIONS OF APPROVAL Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Outlot B, Villages on the Ponds 4'h Addition. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current commercial park fee rate of $12,500 per acre, the total park fees would be $33,875. Area Rate Total Water Quality 2:712.16ac $22,060/ac $59,848.78 47,715.78 Water Quantity 244 2.16ac $8,560/ac $23,29 18,515.28 Treatment BMP Credit 1.80 ac $22,060(0.5)/ac ($19,854.00) 46,377.06 • • PARKS This property is located within the community park service area for Lake Susan Community Park and the neighborhood park service area for Rice Marsh Lake Neighborhood Park. Employees and visitors to the specialty grocery store will have convenient access to these publicly - maintained park and recreation facilities. Lake Susan Park is 33 acres in size and features large playgrounds, basketball court, picnic shelter, tennis courts, archery range, public water access, fishing pier and a ball field. Ample off - street parking is available at the park. Rice Marsh Lake Park is four acres in size and features a playground, ball field, basketball court, volleyball court and a small picnic shelter. Off - street parking is available. No additional parkland acquisition is being recommended as a condition of this subdivision. TRAILS The subject site has convenient access to the public trails along Great Plains Boulevard, the three - mile Rice Marsh Lake Trail Loop and the Lakeside trail route to Lake Susan Park. No additional trail construction is being recommended as a condition of this subdivision. PARK AND TRAIL CONDITIONS OF APPROVAL Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Outlot B, Villages on the Ponds 4'h Addition. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current commercial park fee rate of $12,500 per acre, the total park fees would be $33,875. Planning Commission Villages on the Ponds 11`h Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 6 of 21 UTILITIES Public sanitary sewer and water main are within streets surrounding the proposed development. The plat must be revised to include a 20 -foot drainage and utility easement centered over the public utilities within Outlot A. The developer proposes to wet tap a 6 -inch diameter water service to the existing water main and extend a sanitary sewer service from an existing sanitary sewer manhole northwest of the building on Lot 1. These service connections will be inspected by the Building Department in conjunction with the building/plumbing permit. COMPLIANCE TABLE J`e✓w , \ ... y�-'77"7�'11"r'i'9 a hf Area (s . ft. Frontage ft. Depth (ft.) Notes PUD 15,000 100 100 CBD District Lot 1 48,593 130 354 4472 1.24 acres 53,851 Outlot A 99,949 NA NA Pond Promenade, 0S2- 0.93 40,373 acre Outlot B 29,636 109 319 Future Development, 048 0.55 239949 acre 118,174 2.71 acres Planning Commission Villages on the Ponds 11 1h Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 7 of 21 GENERAL SITE PLAN /ARCHITECTURE The applicant is proposing a one - story, 14,000 square -foot retail building. ARCHITECTURAL COMPLIANCE CHANHASSEN SPECIALTY PROJECT TEAM GROCERY _, �J F •� � ;\ I I I 1 111 � iR 1ltlE CANF '� \ ARCHITECTURAL COMPLIANCE CHANHASSEN SPECIALTY PROJECT TEAM GROCERY _, Planning Commission Villages on the Ponds 11'' Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 8 of 21 2 - -'ice sM" �WWMT n NORTIi ELEVATION •� �� 4 4 4 4 ��a VA � Planning Commission Villages on the Ponds I Ph Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 9 of 21 Size Portion Placement The building entrance is oriented to the west parking area and consists of a five -foot projected tower structure of reddish -brown utility brick. Had his been a multi -tenant building, store frontages would have been required on the Main Street elevation. The building elevations are highly articulated with numerous openings, changes in materials, projections and recesses in the building fagade and incorporation of various window treatments and styles. Material and Detail and Color The primary building material consists of dark brown and tan rock face block, single score burnished, light brown accent bands with brown and reddish brown brick in columns and at the entrance. Black awnings are proposed over individual windows. A white E.I.F.S. cornice is incorporated at the top of the walls. The roof is a lighter brown standing seam metal. Height and Roof Design The tallest point of the entrance roof is 32 feet 10 inches. The top of wall is 25 feet 4 inches which is topped with a dark brown aluminum cap flashing. The roof is a lighter brown standing seam metal. Mechanical equipment is screened through placement and parapet walls. Facade Transparency Transparent windows and doors are located on the north and west building elevations. All other areas shall include landscaping material and architectural detailing and articulation. For portions of buildings with a use or function that does not readily allow windows, e.g., cooler or freezer areas, mechanical rooms, security areas, storage areas or warehouse or manufacturing space in commercial or industrial buildings, the fenestration standards may be reduced. However, the architecture detailing must be provided by the use of upper level windows, the use of spandrel glass or architectural detailing which provides arches, patterning, recesses and shadowing that provide aesthetic interest. Landscaping shall be provided to the south of the building to provide some relief to the blank expanse of wall and screen the loading dock area. Site Furnishing The applicant is providing bicycle racks in the northwest corner of the building and an eco mesh green wall on the east side of the building. The developer shall consider a design change to the ECO mesh green wall to be slightly curved to help break the monotony of the long, straight wall along the street. As part of the hardscape design for Villages on the Ponds, Main Street was to have two benches east of the building. The applicant should also consider providing additional benches on site and along Pond Promenade. The applicant shall provide benches similar to others provided throughout Villages on the Ponds. Planning Commission Villages on the Ponds 11th Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 10 of 21 Lighting The plan calls for the removal of the street lights on the East side. However, those lights have to be preserved and operational when site construction is completed. The pedestrian component of Villages on the Ponds incorporates the acorn-style lighting along Main Street and Lake Drive. Parking area lighting is provided by 27.5 -foot tall, shoe -box style light fixtures. All fixtures must be shielded, high - pressure sodium or light- emitting diode (LED), with a total cutoff angle equal to or less than 90 degrees. Three styles of wall - mounted lighting fixtures are proposed around the building. All wall- mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees. Loading Areas, Refuse Area, etc. A trash and pallet enclosure is provided to the south of the building and consists of the same material as proposed for the building. The loading dock is located along the south wall behind the enclosure and shall be screened with additional landscape plantings. Lot Frontage and Parking location The site has frontage on three streets. Parking is primarily provided to the west of the building with 67 spaces on site and 65 in Pond Promenade. Ten more spaces are located along Main Street and ten on Lake Drive. Signage Wall signage is permitted on the north, east and west elevations of the building. One sign per tenant is permitted on each of these elevations. While City Code would permit the signage proposed by the developer, the PUD standards restrict the letters and logos to a maximum of 30 inches in height. A variance is being applied for to permit the 42 -inch letters shown on the exterior elevations. A separate sign permit is required for each sign. ACCESS Pedestrian access is provided from Pond Promenade. With the future development of the lot along Lake Drive, pedestrian access will be provided from the south and west. The site lies within the Villages on the Pond Planned Unit Development located south of Trunk Highway 5 between County Road 101 and Great Plains Boulevard. The streets within the Villages development — Pond Promenade, Lake Drive and Main Street — are privately owned and maintained. The site is on the northwest corner of Lake Drive and Main Street and will be accessed from the north via Pond Promenade and from the west via the existing north -south (unnamed) street between Lake Drive and Pond Promenade. Planning Commission Villages on the Ponds 11th Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 11 of 21 The developer proposes improvements along the private streets north and west of the site, specifically installation of 90- degree parking stalls that will be paved and will have curb and gutter. The western portion of Pond Promenade shall be at least 26 feet wide to meet the City's minimum requirement for a private street serving two -way traffic. Delivery access for the site will be from the access at Pond Promenade. The developer's engineer submitted trunk turning movements to illustrate how a tractor - trailer unit would access the delivery dock on the south side of the building. The developer's engineer is encouraged to evaluate the turning movements to determine if the wheels would conflict with the curb line, and make the necessary adjustments to the plan. The plans indicate a potential layout on Outlot B for future development. Cross - access and /or cross - parking agreements required for any future development would be addressed at the time of final plat for Outlot B. "No Parking Fire Lane" signs and yellow - painted curbing will be required. Contact Fire Marshal for specifics. GRADING Site Characteristics The site is an existing unimproved lot within the Villages on the Pond plat. There is currently an area that acts to hold water on site. This area is a remnant from a previous attempt to excavate for improvements on the site that was never completed. This area does not meet the criteria to be classified as a jurisdictional wetland nor was intended for the purpose of storm water management. The plan proposes to fill this area. A dewatering plan will be required for draining this pond. This dewatering plan must assure that sediment -laden waters are not discharged from the site. It is highly recommended that this area be used as a temporary sediment basin during site development. The site has a gradual decrease in elevation from north to south and from east to west toward the pond area. There are no bluffs or steep slopes located on the property that must be protected during site development. The property is 1,200 feet from Lake Susan and 1,400 feet from Rice Marsh Lake at the closest points. This is outside of the 1,000 -foot shoreland zone. Soils on the site consist of Lester - Kilkenny loams as identified in the United States Department of Agriculture Web Soil Survey. With the exception of an area approximately 40 feet in width adjacent to Lake Drive, the soils on the site fall into the B hydrologic soils group and would be conducive to infiltration. Approximately half the site does have a seasonally high water table that could be restrictive to infiltration. Planning Commission Villages on the Ponds 11`h Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 12 of 21 Grading: Drainage The site was mass graded when the surrounding area was developed. The original plans for the site included underground parking within the area now shown as Outlot B. The underground parking was sub -cut with the original site grading and has since filled with surface water runoff. The developer proposes to fill the majority of this area, with the eastern portion of Outlot B being utilized for a sand filter basin to treat storm water runoff from the proposed development. A new storm sewer manhole will be installed to connect the discharge pipe from the sand filter basin to the existing storm sewer within Lake Drive. This connection will be inspected by the Building Department in conjunction with the building/plumbing permit. The proposed design maintains the same overall drainage pattern with some minor alterations for rate control and water quality treatment. The system will be private and will connect to a private system internal to Villages on the Ponds before entering the public system at Main Street and Great Plains Boulevard. The proposed drainage post development reduces runoff rates in the 2- year, 10 -year and 100 -year return interval storm event conditions. This meets City requirements. Grading: Erosion Prevention and Sediment Control Because this will result in greater than one acre of new impervious, it must meet the requirements set forth in the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System/State Disposal System Program ( NPDES Construction Permit). As part of the NPDES the applicant must develop or cause to be developed a Surface Water Pollution Prevention Plan (SWPPP) with all of the elements required under Part III of the permit. Section 18 -40 of Chanhassen city code requires that the SWPPP be provided with the preliminary plat submittal. Section 19 -145 states that this SWPPP must be a standalone document. The City will make available a checklist of the required elements that can be used by the applicant to develop a SWPPP compliant with the NPDES Construction Permit and Section 19 -145 of city code. The SWPPP should be a single standalone document that assembles the required information in one place for ease of review, inspection, maintenance, modification and assurance of compliance. City staff must have reviewed and approved the SWPPP prior to the issuance of a grading permit or any other earth - disturbing activities are allowed. This shall include, but not be limited to, installation of perimeter BMPs, removal of vegetation, dewatering of the basin, removal of any structure or improved surface as well as grading, excavating or placement of fill materials. i _� -- 7.174 The proposed design maintains the same overall drainage pattern with some minor alterations for rate control and water quality treatment. The system will be private and will connect to a private system internal to Villages on the Ponds before entering the public system at Main Street and Great Plains Boulevard. The proposed drainage post development reduces runoff rates in the 2- year, 10 -year and 100 -year return interval storm event conditions. This meets City requirements. Grading: Erosion Prevention and Sediment Control Because this will result in greater than one acre of new impervious, it must meet the requirements set forth in the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System/State Disposal System Program ( NPDES Construction Permit). As part of the NPDES the applicant must develop or cause to be developed a Surface Water Pollution Prevention Plan (SWPPP) with all of the elements required under Part III of the permit. Section 18 -40 of Chanhassen city code requires that the SWPPP be provided with the preliminary plat submittal. Section 19 -145 states that this SWPPP must be a standalone document. The City will make available a checklist of the required elements that can be used by the applicant to develop a SWPPP compliant with the NPDES Construction Permit and Section 19 -145 of city code. The SWPPP should be a single standalone document that assembles the required information in one place for ease of review, inspection, maintenance, modification and assurance of compliance. City staff must have reviewed and approved the SWPPP prior to the issuance of a grading permit or any other earth - disturbing activities are allowed. This shall include, but not be limited to, installation of perimeter BMPs, removal of vegetation, dewatering of the basin, removal of any structure or improved surface as well as grading, excavating or placement of fill materials. Planning Commission Villages on the Ponds 11th Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 13 of 21 During construction, every reasonable effort must be made to protect the filtration area from construction impacts. Any dewatering of the pond must have a dewatering plan, approved by the city, prior to executing. This plan must assure that no sediment -laden water leaves the site and shall be incorporated into the SWPPP. It is highly recommended that the pond be used as a temporary sediment basin during site development. Stormwater Management This site will exceed the one (1) acre threshold triggering the National Pollution Discharge Elimination System ( NPDES) permit. The project will need to meet the requirements of the NPDES permits including the Municipal Separate Storm Sewer System (MS4) permit and the General Pert Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System/State Disposal System Program ( NPDES Construction Permit). In addition to erosion prevention and sediment control practices, this includes permanent stormwater management as discussed in Part IILD of the NPDES Construction Permit and post - construction stormwater management as discussed in Part III.D.5 of the MS4 permit. The NPDES permit program requires that the first inch of runoff from impervious surfaces is retained on site. If infiltration is prohibited (see Construction Permit Part III.D.I j), other methods of volume reduction should be evaluated. Volume reduction must occur to the "maximum extent practicable ". In either case, the equivalent water quality volume must be treated. The applicant is proposing a filtration basin in the southeast corer of the property. The NPDES Construction Permit requires that "where a project's ultimate development replaces vegetation... with one (1) or more acres of cumulative impervious surface, the Permitee(s) must design the project so the water quality volume of one (1) inch of runoff from the new impervious surfaces... is retained on site (i.e. infiltration or other volume reduction practices) and not discharged to a surface water."' When the site constraints are such that infiltration is prohibited as listed in Part III.D. l .j of the NPDES Construction Permit, "the Permitee shall consider other methods of volume reduction and the water quality volume ... must be treated prior to the discharge of stormwater to surface waters." The applicant is providing rate control and water quality improvements through the installation of an EcoStorm structure and a sand filtration system. The applicant is stating that volume reduction is not possible on site due to the presence of soils in the D hydrologic group. However, they have provided no evidence to support this assertion. The USDA has mapped much of the soil in the area as belonging in the B hydrologic group which would be well suited to infiltration. It might be possible to provide storage below the outlet for the sand filtration system to provide a partial infiltration system. It may also be possible to utilize this feature to capture storm water for reuse on landscape features. Minimal hnpact Design Standards working group and others have developed a number of practices beyond infiltration that may be used for volume reduction. The applicant shall ' Part III of General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System /State Disposal Program Planning Commission Villages on the Ponds 11th Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 14 of 21 provide an evaluation of other methods of volume reduction to justify any permanent storm water management practice employed. Even if there are limitations to volume reduction, the applicant must still attempt to reduce volume to the maximum extent practicable and then treat an equivalent water quality volume. The applicant is stating the water quality requirements are met through the installation of these best management practices. The applicant must provide modeling showing the proposed practices will meet section 19 -144 (a)(3) of Chanhassen City code. (3) Newly- constructed or modified detention basins shall provide storage volume below the outlet (dead storage) to allow for water quality treatment in accordance with the following, whichever is most restrictive: a. Water quality features meeting the MPCA NPDES construction permit for permanent stormwater management systems; b. Water quality treatment consistent with NURP criteria (90 percent removal of TSS and 60 percent removal of TP for a standard NURP particle size distribution); and/or... The applicant must provide water quality modeling showing that the water quality treatment conditions are met for the required water quality volume. Acceptable modeling software are listed in Section 19- 144(a)(1)c. of Chanhassen City Code. Long -term maintenance of the facilities shall be privately owned and maintained. The City is required under their MS4 permit to "provide for the establishment of legal mechanisms between the permittee and owners or operators responsible for the long -term maintenance of structural stormwater BMPs not owned or operated by the permitee..." This system is considered private but assurances need to be put in place to assure that Chanhassen, as a permittee under the MS4 can; a) Conduct inspections, perform maintenance and assess costs when the permittee determines that the owner and/or operator of the structureal stormwater BMP has not conducted maintenance. b) Include conditions that are designed to preserve the permittee's right to ensure maintenance responsibility ... when those responsibilities are legally transferred to another party. c) Include conditions that are designed to protect/preserve structural stormwater BMPs and site features that are implemented to comply with Part III.D.5.a(2). If site configurations or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved structural stormwater BMPs must be implemented to ensure the conditions for post - construction stormwater management in Part III.D.5.a(2) continue to be met The applicant must record a drainage and utility easement over the Ecostorm and the sand filter basin. This recorded easement must specifically address who is responsible to own and maintain the system and must meet the requirements spelled out in Part III.D.5.(5) of the General Permit Authorization to Discharge Stormwater Associated with Small Municipal Separate Storm Sewer Planning Commission Villages on the Ponds 1 Ph Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 15 of 21 Systems Under the National Pollution Discharge Elimination System/State Disposal System (NPDES /SDS) Permit Program. LANDSCAPING Minimum requirements for landscaping at the specialty grocery store include 1,944 square feet of landscaped area around the parking lot, three landscape islands or peninsulas, seven trees for the parking lot. The applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table. Applicant meets minimum requirements for trees and interior landscaping in the parking lot area. To be consistent with landscaping expectations within Villages on the Ponds, staff recommends that additional trees be planted within the larger peninsulas located at the northern entrance /exit drive, at the northwest corner of the site in Pond Promenade and at the corner of Lake Drive and Pond Promenade. The landscape plan shows small, but multiple, inconsistencies. Staff recommends that a corrected landscape plan be supplied to the city prior to construction. MISCELLANEOUS The buildings are required to have automatic fire extinguishing systems. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. Detailed occupancy - related requirements will be addressed when complete building plans are submitted. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Required Proposed Vehicular use landscape area 1,944 s . ft. >1,944 sq. ft. Trees /parking lot 7 trees 7 trees Islands or peninsulas /parking lot 3 islands /peninsulas 4 island! /peninsulas Applicant meets minimum requirements for trees and interior landscaping in the parking lot area. To be consistent with landscaping expectations within Villages on the Ponds, staff recommends that additional trees be planted within the larger peninsulas located at the northern entrance /exit drive, at the northwest corner of the site in Pond Promenade and at the corner of Lake Drive and Pond Promenade. The landscape plan shows small, but multiple, inconsistencies. Staff recommends that a corrected landscape plan be supplied to the city prior to construction. MISCELLANEOUS The buildings are required to have automatic fire extinguishing systems. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. Detailed occupancy - related requirements will be addressed when complete building plans are submitted. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Planning Commission Villages on the Ponds 1 la' Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 16 of 21 COMPLIANCE TABLE PUD Building Height 3 stories 40 feet Building Setback N - 0' E - 0' W -0' S -0' Parking Stalls 70 stalls Chanhassen Specialty Grocery (14,000 st) 1 story 29.5 feet N -5' E- 5'31/4' W -218' S -15' 152 stalls # (Retail 1/200 square feet — 14,000/200 = 70 spaces (# 67 spaces on -site, 10 spaces on Main Street, 10 spaces on Lake Drive, 65 spaces on Pond Promenade. Parking Setback N - 0' E - 0' N - 0' E - 142' W- 0'S -0' W- 0'S -0' Hard Surface Coverage 70% 84 83 %# Lot Area 15,000 square feet 49,595 53,851 sq. ft. (1.4 -224 acres) # Hard surface coverage must average 70 percent over the entire development. Individual lots may exceed 70 percent site coverage. VARIANCE The applicant is requesting a variance from the sign standards in Villages on the Ponds which limits letter height to 30 inches so that they may use 42 -inch letters. While City Code would permit the signage proposed by the developer, the PUD standards restrict the letters and logos to a maximum of 30 inches in height. The PUD standards were established in 1996 when the concept for the development was a compact, urban village with multi - storied buildings along both sides of the street. In such an environment, signage size could be reduced because views would be limited to the street immediately adjacent to the property. Reduced letter size is adequate in a pedestrian-type environment. The applicant is proposing signage that will be visible from Highway 5 and Market Boulevard. Staff is recommending approval of the variance to permit the 42 -inch letters on the north and west building elevations only; however, larger signage is not necessary on the east elevation because it is a pedestrian- oriented, compact urban design. It should be noted that the sign will still comply with the City sign ordinance. Planning Commission Villages on the Ponds I Ph Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 17 of 21 Staff recommends that the Planning Commission approve the Villages on the Ponds 111 Addition and Chanhassen Specialty Grocery subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Subdivision Planning Commission Villages on the Ponds 11a' Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 18 of 21 MEN (Note, the above conditions for water resources apply to the site plan and have been moved there) 1. The final plat shall include a 20 -foot drainage and utility easement centered over the public utilities within Outlot A. 2. The fees collected with the final plat are: a. Surface Water Management fee: $46,377.06 b. Park Dedication fee: $33,875 c. GIS fee: $25 (plat) + ($10 /parcel x 3 parcels) _ $55 3. City water (WAC), City sewer (SAC) and Metropolitan Council sewer (Metro SAC) fees will be collected with the building permit and will be calculated based on the uses within the building. 4. Prior to issuance of the building permit the applicant must record a drainage and utility easement, or other equivalent protection as agreed to by the city, over the Ecostorm and the sand filter basin. This recorded easement must specifically address who is responsible to own and maintain the system and must meet the requirements spelled out in Part III.D.5.(5) of the General Permit Authorization to Discharge Stormwater Associated with Small Municipal Separate Storm Sewer Systems Under the National Pollution Discharge Elimination System/State Disposal System (NPDES /SDS) Permit Program. Site Plan with Variance Building: 1. The buildings are required to have automatic fire extinguishing systems. 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. Planning Commission Villages on the Ponds l la' Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 19 of 21 3. Detailed occupancy- related requirements will be addressed when complete building plans are submitted. 4. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Engineering: 1. The western portion of Pond Promenade shall be at least 26 feet wide to meet the City's minimum requirement for a private street serving two -way traffic. Fire Marshal: 1. "No Parking Fire Lane" signs and yellow - painted curbing will be required. Contact Fire Marshal for specifics. Natural Resource Specialist: 1. The applicant shall install trees in the larger landscape peninsulas located along Pond Promenade on the north and west sides of the lot. 2. The applicant shall re- submit a corrected landscape plan to the city prior to construction. Plannin¢: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. Install two benches east of the building on Main Street. The applicant should also consider providing additional benches on site and along Pond Promenade. The applicant shall provide benches similar to others used in Villages on the Ponds. 3. Change the design of the ECO mesh green wall to be slightly curved (in footprint) to help break the monotony of the long, straight wall along the street. 4. The street/sidewalk lights along Main Street have to be preserved and operational when the site construction is completed. 5. Additional landscaping shall be provided to the south of the building. Planning Commission Villages on the Ponds 11`h Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 20 of 21 Water Resources: 1. The applicant must provide adequate evidence that there is no area on the subject property suitable for infiltration. The discussion must include the practicality of altering the site layout. 2. The applicant must provide volume control to the maximum extent practicable and must provide a discussion of the feasibility of other methods of volume reduction. 3. The applicant must provide water quality modeling, acceptable under Section 19- 144(a)(1)c. of Chanhassen City Code, showing that the water quality treatment conditions are met for the required water quality volume from all new impervious surfaces. 4. A comprehensive, stand -alone SWPPP document with all elements required by Part III of the NPDES construction permit and Section 19 -145 of city code shall be prepared and submitted to the City for review and comment before any earth - disturbing activities, including but not limited to dewatering of the pond, removal of any existing surfaces or structures, and removal of vegetation. 5. Any dewatering of the pond must have a dewatering plan, approved by the city, prior to executing. This plan must assure that no sediment -laden water leaves the site and shall be incorporated into the SWPPP. 6. The applicant must comply with the requirements of all other jurisdictional agencies with authority over the project area. 7. The applicant will be responsible for procurement of any permission required by any other agencies with authority over the project. - - 1. The applicant must provide adequate evidence that there is no area on the subject property suitable for infiltration. The discussion must include the practicality of altering the site layout. 2. The applicant must provide volume control to the maximum extent practicable and must provide a discussion of the feasibility of other methods of volume reduction. 3. The applicant must provide water quality modeling, acceptable under Section 19- 144(a)(1)c. of Chanhassen City Code, showing that the water quality treatment conditions are met for the required water quality volume from all new impervious surfaces. 4. A comprehensive, stand -alone SWPPP document with all elements required by Part III of the NPDES construction permit and Section 19 -145 of city code shall be prepared and submitted to the City for review and comment before any earth - disturbing activities, including but not limited to dewatering of the pond, removal of any existing surfaces or structures, and removal of vegetation. 5. Any dewatering of the pond must have a dewatering plan, approved by the city, prior to executing. This plan must assure that no sediment -laden water leaves the site and shall be incorporated into the SWPPP. 6. The applicant must comply with the requirements of all other jurisdictional agencies with authority over the project area. 7. The applicant will be responsible for procurement of any permission required by any other agencies with authority over the project. Planning Commission Villages on the Ponds I Ia` Addition/Chanhassen Specialty Grocery Planning Case 2014 -29 October 7, 2014 Page 21 of 21 ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Project Narrative. 4. Request for Variance Narrative. 5. Reduced Copy Final Plat. 6. Reduced Copy Existing Conditions. 7. Reduced Copy Preliminary Plat. 8. Reduced Copy Civil Site Plan. 9. Reduced Copy Grading Plan. 10. Reduced Copy Erosion Control Plan — Phase I. 11. Reduced Copy Erosion Control Plan — Phase II. 12. Reduced Copy Utility Plan. 13. Reduced Copy Site Plan - Phase I. 14. Reduced Copy Landscape Plan. 15. Reduced Copy Site Lighting. 16. Reduced Copy Floor Plan. 17. Reduced Copy Roof Plan. 18. Reduced Copy Exterior Elevations with landscaping. 19. Reduced Copy Exterior Elevations. 20. Reduced Copy Exterior Perspectives. 21. Memo from Scott Sobiech and Candice Kantor to Robert Generous dated 9/24/14. 22. Email from Vernelle Clayton to Bob Generous dated 9/17/14. 23. Public Hearing Notice and Mailing List. gAplan\2014 planning cases\2014 -29 chanhassen specialty grocery\staff report specialty grocery.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Venture Pass Partners, LLC and Northcott Company for Subdivision and Site Plan approval with a variance for signage. On October 7, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Venture Pass Partners, LLC and Northcott Company for preliminary plat and site plan approval with a variance for sign letter size. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development, PUD. 2. The property is guided in the Land Use Plan for Office /Industrial. 3. The legal description of the property is: Outlot B, Villages on the Ponds Fourth Addition. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance and meets the standards of the Village on the Ponds Planned Unit Development; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan since the site is guided for mixed use development which includes commercial or multi - family residential; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature since adequate infrastructure is available. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off -site public improvements or support systems. 5. Site Plan. In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: a) The proposed project is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b) The proposed project is consistent with the Site Plan Review requirements of City Code; c) The proposed project preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; d) The proposed project creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e) The proposed project creates a functional and harmonious design for structures and site features, with special attention to the following: 1. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2. The amount and location of open space and landscaping; 3. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f) The proposed project protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 6. Section 20 -1253. Variances. The city council, upon the recommendation of the planning commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this article. City code only regulates the total sign area permitted for signage, not the individual size of letters within the sign. The PUD standards for Villages on the Ponds limit the height of letters to 30 inches. These standards were established in 1996 and envisioned a multi- storied, dense urban-style streetscape of buildings and uses. In such an environment, sign height would be less important since views would be limited to along the adjacent street. The 30- inch height limitation is viable in a pedestrian- oriented environment. However, changing economic conditions and times have altered the type of development taking place and the developer is trying to provide views for further distances including Highway 5 and Market Boulevard. Limiting the size of the letter is a hardship in this instance. 7. The planning report #2014 -29 dated October 7, 2014, prepared by Robert Generous, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the Preliminary Plat (Villages on the Ponds Eleventh Addition) and site plan with a variance for Chanhassen Specialty Grocery. ADOPTED by the Chanhassen Planning Commission this 7th day of October, 2014. CHANHASSEN PLANNING COMMISSION IC Its Chairman COMMUNITY DEVELOPMENT DEPARTMENT iiHii�''uT77�{ii�(`� �j Planning Division -7700 Market Boulevard CITY OF CHMNSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227 -1300 / Fax: (952) 227 -1110 APPLICATION FOR DEVELOPMENT REVIEW Date Filed: q � I 60 -Day Review Deadline: 1I— _LV -tL+ Planner. D> Case #: o`zD i 4- X49 Section 1: Application Type (check all that apply) ❑ Comprehensive Plan Amendment ......................... $600 ❑v Subdivision ❑� Create 3 lots less ❑ Minor MUSA line for failing on -site sewers ..... $100 or ....... ............................... 300 ❑ Create over 3 lots .......................$600 + $15 per lot ❑ Conditional Use Permit ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Single - Family Residence . ............................... $325 ❑ Consolidate Lots ... ...................................... ..... $150 ❑ All Others .......................... ............................... $425 ❑ Lot Line Adjustment.......... ............................... $150 Final Plat* .. ❑ Interim Use Permit 'Requires additional 50 scrow for attorney costs. ❑ In conjunction with Single - Family Residence.. $325 Escrow willbe require r development contract. other applications through the ❑ All Others .......................... ............................... $425 ❑ Vacation of Easements / Right -of- way ................... $300 (Additional recording fees may apply) ❑ Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others .......................... ............................... $500 ❑ Sign Plan Review ........................ ...........................$150 ❑ Variance ................................ ............................... $200 ❑ Wetland Alteration Permit ❑ Single - Family Residence ............................... $150 ❑ All Others ........................ ............................... $275 ❑✓ Site Plan Review ❑ Zoning Appeal ....................... ............................... $100 ❑ Administrative ................... ............................... $100 ❑ Commercial /Industrial Districts *..........1`f4i.. $500 ❑ Zoning Ordinance Amendment ............................ $500 Plus $10 per 1,000 square feet of building are4!gEg> NOTE: When multiple applications are processed concurrently, Include number of existing employees: the appropriate fee shall be charged for each application. and number of new employees: ❑ Residential Districts .......... ............................... $500 (Refer to the appropriate Application Checklist for required submittal Plus $5 per dwelling unit information that must accompany this application) APITIONAL REQUIRED FEES: r Notification Sign ............... TOTAL FEES: $ f, °o (City to install and remove) ` 1 !� ❑✓ Property Owners' List within 500' ........ $3 per address ;a Received from: UPAA11Y'P � i4]Y"Tew L•LC- (City to generate —fee determined at pre- application meeting) ❑ Escrow for Recording Documents.. $50 per document Date Received: 9-5— ll-)- Check Number: U94_ (CUP /SPRNACNARNVAP /Metes & Bounds Subdivision) lU0 tt owes I73 -oA ncts q(b 415600 Project Name: Chanhassen Specialty Grocery Property Address or Location: Outlot B, VILLAGES ON THE PONDS, 4th ADDITION Parcel #:.258460030 Legal Description: Outlot B, VILLAGES ON THE PONDS, 4TH ADDITION Total Acreage: 2.71 Wetlands Present? ❑ Yes ® No Present Zoning: PUD Present Land Use Designation: PUD /Retail Existing Use of Property: Vacant Land Requested Zoning: Existing, PUD Requested Land Use Designation: Retail Description of Proposal: 14,000 sf specialty grocery. Platting outlot for possible future phase 2 (8,100 sf retail strip). Platting outlot underlying the Pond Promenade private road areas. 21 Check box if separate narrative is attached Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Venture Pass Partners, LLC (or assigns) Contact: Randy Rauwerdink Address: 19620 Waterford Court Phone: (612) 801 -4313 City /State /Zip: Shorewood, MN 55331 Email: rauwerdink @venturepass.net Signature: Cell: (612) 801 -4313 Fax: Date: 9/5/14 PROPERTY OWNER: In signing this application, I, a—sproerty owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: N o�- JH(0 -r cyfygp"4� Address: )5V 0�4 `AN WC E4-4f- City/State/Zip: C I{ r}r\ H 4 44f:4 M4 Email: 6z,& kt4, - V\_ @ii'r'`-_ "txfl k140;fAIiij, UvK Signature: Contact: ICJ �I �G its Phone: l Sr1 2�i 7, Sal `T Cell: Fax: Date: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Sambatek Address: 12800 Whitewater Drive Suite 300 City /State /Zip: Minnetonka, MN 55343 Contact: Mike Brandt Phone: (763) 259 -6014 Cell: (612) 703 -0732 Email: MBrandt @sambatek.com Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: Property Owner Via: ✓❑ Email ❑ Mailed Paper Copy Name: Andy Krenik-Tushie Montgomery Architects ❑✓ Applicant Via: Email ❑ Mailed Paper Copy Address: ❑� M Engineer Other" Via: Via: ✓❑ ✓❑ Email Email ❑ Mailed Paper Copy ❑ Mailed Paper Copy City /State /Zip: Email: AndyK@"iarchitects.com PROPOSED DEVELOPMENT- OUTLOT B VILLAGES ON THE PONDS 4T" ADDN PROJECT SUMMARY NARRATIVE Introduction Venture Pass Partners, LLC is pleased to submit for consideration and approval, the attached applications for Site Plan Approval and Subdivision (Plat) for the 2.71 acre Outlot B, VILLAGES ON THE PONDS 4T" ADDITION. We are proposing to subdivide and plat this Outlot into a Phase One (Lot 1) retail development consisting of a 14,000 sf specialty grocery store, as well as Outlot A which will contain Pond Promenade Road improvements, and Outlot B which will be future Phase Two retail development of approximately 8,100 sf building area and associated parking. The proposed Phase Two Outlot B area will be initially left as green- area and will be an integral part of the stormwater design. Sidewalk construction and improvements are proposed along the full perimeter extents of Pond Promenade Road and Main Street as part of the Phase One improvements, enhancing the pedestrian friendly character of the project. Architecture and Design The 14,000 sf single story building will be detailed with a varied pallet of warm toned materials for the building exterior. Materials consist of pigmented rock face and burnished masonry, brick, EIFS cornices, standing seam metal roofing, aluminum windows, and fabric awnings. Accommodation for the 70% sloped roof coverage requirement is accomplished through the use of an entrance tower with a hip roof and wrap around sloped metal roofing at portions of all four elevations. Additional use of projecting fabric awnings and sculpted EIFS cornices provide increased relief within the building facade. The 50% building fenestration requirement is accomplished with an interplay of massing, color, and material detailing at each elevation. The use of large windows, sloped metal roofing, sculpted EIFS cornices, brick piers, and fabric awnings provide a pedestrian scale and architectural detailing to each elevation. Windows along the east elevation (Main Street) would be spandrel or translucent glass highlighted with awnings. The exterior of the building is further enhanced with an emphasis to natural plant materials using a green screen climbing landscape element at the east elevation (Main Street) and extensive use of plantings varied in height along the north, east, and south elevations. The outdoor trash storage and loading area is also screened by use of plant materials. Articulation of the south wall elevation is also accomplished with the natural building steps resulting from the receiving appendage and with the added layering and screening provided by the freestanding trash /pallet enclosure. Tenant signage will be integrally lit channel letters and occur on the west, north, and east elevations per city ordinance for allowable area. The exact location of one tenant sign on the west elevation (front of building) is to be determined. The elevations show two possible locations for signage along the west wall -each within the allowable area. CHAN HASS EN SPECIALTY GROCERY - Outlot B VILLAGES ON THE PONDS 4r "ADDN REQUEST FOR VARIANCE TO PERMIT 42" WALL SIGNAGE LETTER HEIGHT Venture Pass Partners, LLC has submitted for Site Plan Approval and Subdivision (Plat) for the 2.71 acre Outlot B VILLAGES ON THE PONDS 4T" ADDN, including the development of a 14,000 sf specialty grocery store. The architectural design and exterior building elevations as submitted incorporate wall signage on three allowable building elevations, as follow: North- Fronting Pond Promenade and visible to Hwy 5 to the north. West -Over main entrance and fronting the parking lot, also visible to Market Blvd. East - Fronting Main Street Signage on each elevation is proposed as individual internally illuminated channel letters, 42" in height, and placed in a consistent fashion /signage band detail. The total area of each sign as proposed is well below the allowable signage area as per City ordinance, more specifically as follows: North -122 sf proposed, 189 sf allowable West -122 sf or 157 sf proposed, 201 sf allowable East -122 sf proposed, 217 sf allowable A variance is required due to a clause in the VOP Development Design Standards, restricting wall letters to a maximum of 30" in height. While this standard may be suitable for small shop space or for visibility and legibility from directly abutting streets or at pedestrian scale, this is far too limiting and ineffective for our proposed use. We also feel that it is not of a scale consistent with the massing and dimensions of our proposed building. It should also be noted that when the Pond Promenade PUD was approved in 1996 it was one of the pioneering new urbanism projects in the Metropolitan area. During this period communities and planners had a general attitude that merchant signs should be minimal and generic. The current trend as evidenced by the relaxing of most municipal sign codes is that adequate signage is not only critical to a merchants success but can add vibrant and creative design elements to a project while adding distinction and variety to a neighborhood. Highly visible and legible signage is critical to the success and viability of a grocery operation with a regional draw. This parcel as situated has critical sightlines to Hwy 5 and to Market Blvd, however it is set back from Hwy 5 by approximately 550', and from Market Blvd by approximately 620'. Providing effective identification and signage to passing motorists is essential. Signage, if restricted to 30" letter height, will prove entirely Research as compiled by the United States Sign Council, studying legibility of signage parallel to roadways from moving vehicles is summarized in the table below. This table only calculates recommended letter heights up to a distance of 400' from the roadway, however even at 400' (highlighted in yellow) the recommended legible sizes exceed 80" in height. The 42" height that we are requesting is obviously well below this recommendation, but it will provide some level of effectiveness that could not be achieved with the 30" restriction. The 42" height is also consistent with other locations of our tenant, and in keeping with their minimum standards. For additional reference I also highlighted in red the effective distance for viewing signage with 30" letters. This approximate 100' distance is consistent with my comments above, suggesting this sizing is suitable for pedestrian scale or viewing from directly abutting roadways. Parallel Signs TYPICAL PARALLEL SIGNS - ANGULAR VIEW$ Y ® , ROADWAY Table 3. Parallel sign letter height lookup table. Letter Height in Inches Number of Lanes Offset from Curb (ft) 10 4 6 8 10 12 20 6 8 10 12 14 40 10 12 14 16 18 60 14 16 18 20 22 so 20 22 24 26 100 22 24 26 28 30 125 27 29 31 33 _ 35 175 37 39 41 43 45 --- - ._ 225 _ 47 48 _. __.51 a 53 55 250 52 54 56 58 60 275 57 59 61 63 65 300 62 64 66 68 70 325 67 69 71 73 75 375 T7 79 81 83 85 400 82 84 86 88 90 Additional research into the effective sizing of signage letters, from the basis of static straight on viewing also supports the 42" sizing of the sign letters. Note on this table that from the distances we are offset from the major roadways, signage with the best impact is 42" to 60" high. This does not take into account the limited viewing time that is possible when in a moving vehicle, or when concentrating on driving the vehicle, as is accounted for in table above. LETTER VISIBILITY CHART STATIC PERPENDICULAR VIEWING 9. 30 . 9 Letter Height Distance for Best Max. Readable (inches) Impact (feet) Distance (feet) 3" 30' 100' 4" 40' 150' 6" 60' 200' 8" 80' 350' 9" s0' 400' 10" 100' 450' 12" 120' 525' 15" 150' 630' 18" 180' 750' 24" 240' 1000' 1250' 36" 360' 1500' 42" 420' 1750' 48" 480' 2000' 54" 540' 2250' 60" 600' 2500' LE r, NORTH EVATION 2 -.� ..n.im 5 +]a�.u"saois.�iiis. Q Q I f �� mzr i I wsnw i ww rs]u�.w —�\ ME �J•MWi YMn NnN xw, i �— ww.nc.rn —, YM91l5 YM�M,N edW14 Tin 11 uzv..,. . n ww � relxnw t xn .. - fptwc xou cdm llSV. �5 � . tacx u�,m PHS [AO4e2 _ :. ��rtln s'vnP. n nw.,mtxige'o-mmi WE5TELEVATION J) LE r, NORTH EVATION 2 -.� ..n.im 5 +]a�.u"saois.�iiis. 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B�iRR engineering and environmental consultants �r Memorandum To: Robert Generous, AICP, Senior Planner; City of Chanhassen From: Scott Sobiech, PE and Candice Kantor Subject: Chanhassen Specialty Grocery Plan Review by Riley- Purgatory-Bluff Creek Watershed District Date: September 24, 2014 c: Claire Bleser; Administrator Riley- Purgatory -Bluff Creek Watershed District The Riley- Purgatory-Bluff Creek Watershed District (RPBCWD) is in the process of implementing watershed district rules. The draft rules were released for public review and comment earlier this spring. The District is currently reviewing comments and anticipates implementing the permitting program this fall. Because the draft rules have not been adopted, the District does not currently have an official permitting program. We appreciate the opportunity to provide comments on the project relative to the draft rules and your willingness to work with the District in advance of the permitting program. The following is a summary of RPBCWD review comments for the Chanhassen Specialty Grocery development at the northwest corner of the intersection of Lake Drive and Main Street. The most current version of the draft rules are available for download on the RPBCWD website: htto: / /www.rpbcwd.org/permits /. The following comments are based on the draft rules that would likely apply to this project and highlight the areas where revisions or additional information would be needed to fully meet the draft rules. Rule C: Erosion and Sediment Control Rule C: Erosion and Sediment Control applies if a project disturbs more than 5,000 square feet or more than 50 cubic yards. Based on the submitted design plans and supporting documents, the project will disturb more than 5,000 square feet and excavate more than 50 cubic yards. In this case Rule C would apply, and the comments below should be reflected in the plans. Provide an erosion and sediment control plan in accordance with Section 4 (requirements of the erosion and sediment control plan submittal) and meeting the criteria established in Section 3 of Rule C. • Main components of the erosion and sediment control plan include but are not limited to: o The intensity and duration of disturbance at the site shall be minimized by the use of construction phasing. o Final site stabilization should include specifying that at least six inches of topsoil or organic matter be spread and incorporated into the underlying soil during final site treatment wherever topsoil has been removed. Barr Engineering Co. 4700 West 77th Street, Suite 200, Minneapolis, MN 55435 952 832.2600 www.6arr.com To: Robert Generous, AICP, Senior Planner; City of Chanhassen From: Scott Sobiech, PE and Candice Kantor Subject: Chanhassen Specialty Grocery Plan Review by Riley- Purgatory-Bluff Creek Watershed District Date: September 24, 2014 Page: 2 o Soil surfaces disturbed or compacted during construction and remaining pervious upon completion of construction must be decompacted through soil amendment and /or ripping to a depth of 18 inches. • Inlet protection shall be installed prior to any site disturbance. • Silt fences shall be installed prior to any site disturbance. • The silt fence and silt dike at the southwestern corner of the site should be constructed such that no sediment laden water can leave the site. o A construction entrance should be shown for the Phase 2 construction. Rule J: Stormwater Management Rule J: Stormwater Management applies if a project disturbs 5,000 square feet or more or disturbs 50 cubic yards or more. Based on the submitted design plans and supporting documents, the project will disturb more than 5,000 square feet and excavate more than 50 cubic yards. Because the project will increase the imperviousness of the parcel by more than 50 percent, the criteria will apply to the entire parcel. The following criteria would apply. Rate Control: Documentation must be provided showing that the project does not increase runoff rates for all points where stormwater leaves the site for the 2 -, 10 -, and 100 -year storm events, and the 100 -year frequency, 10 -day snowmelt event. This analysis must be done using Atlas 14 reference data using a nested storm distribution. o A stormwater analysis was provided that addressed rate control for the 2 -, 10 -, and 100 - year storm events. The events used Atlas 14 precipitation depths; however it used the SCS Type II distribution. The modeling should be revised to use a nested storm distribution based on the Atlas 14 precipitation. o The draft RPBCWD rules require that the project not increase runoff rates for all points where stormwater leaves the site. To accurately comply with the draft rules, the existing and proposed conditions modeling should be split to represent that there are multiple points where stormwater leaves the site, and documentation should be provided showing that the runoff rates do not increase at any location. o The existing condition modeling does not represent existing site conditions. According to the draft rules, existing conditions are defined as follows: "Site conditions at the time of consideration of a permit application by the District, before any of the work for which a permit is sought has commenced, except that when impervious surfaces have been fully or partially removed from a previously developed parcel but no intervening use has been legally or practically established, "existing conditions' denotes the previously established developed use and condition of the parcel ". Therefore the existing pond, land cover, and drainage patterns on the parcel must be modeled. To: Robert Generous, AICP, Senior Planner; City of Chanhassen From: Scott Sobiech, PE and Candice Kantor Subject: Chanhassen Specialty Grocery Plan Review by Riley- Purgatory-Bluff Creek Watershed District Dote: Sepfember24,2014 • Provide information documenting the existing and proposed time of concentration estimates. The time of concentration should vary based on watershed size and characteristics rather than being the same for all subwatersheds and land cover conditions. The recommended minimum time of concentration in TR -55 is 6 minutes. • The existing conditions HydroCAD model lists paved parking as HSG C. The proposed conditions HydroCAD model lists paved parking as HSC D. Review and revise for consistency. • The pipe length and slope for the pipe leaving the sand filter used in the HydroCAD modeling does not match the design plans. Review and revise for consistency. • The proposed conditions HydroCAD modeling indicates that all three 6" draintile are connected to the outlet structure which is inconsistent with the plan set. Review and revise for consistency. o Applicant may want to consider incorporating a portion of the downstream storm sewer system into the HydroCAD modeling to accurately predict the flood levels on the site as they may be influenced by tailwater effects from the downstream trunk storm sewer system. • Provide a detail on the plans for the outlet control structure. • Provide a detail on the plans for the Triton system. o Provide a section view on the plans showing the combined sand filter and Triton system. • Volume Control: Stormwater management features must provide abstraction for 1.1 inches of runoff from all impervious surface of the parcel because the project increases the imperviousness of the parcel by more than 50 %. o The proposed project includes filtration of runoff but does not include any of the required runoff abstraction, thus not meeting the RPBCWD draft rules. o The applicant must demonstrate that the District abstraction standard cannot practicably be met in order for the property to be considered a restricted site due to underlying soil conditions. If the applicate demonstrates the abstraction cannot be met the criteria in Rule J, Section 3.3 would apply to the project. However, Section 3.3 still requires abstraction to the maximum extent practicable. o The proposed design routes most, but not all of the proposed impervious surface to the sand filter for treatment. RPBCWD draft rules require that the project provide treatment for the entire parcel. • Water Quality: Stormwater management features must provide an annual total phosphorus removal of at least 75% and an annual total suspended solids removal of at least 90% from all site runoff. However, if the applicant demonstrates the District abstraction standard cannot practicably be met the water quality treatment criteria in Section 3.3 would apply to the project. To: Robert Generous, AICP, Senior Planner; City of Chanhassen Prom: Scott Sobiech, PE and Candice Kantor Subject: Chanhassen Specialty Grocery Plan Review by Riley- Purgatory-Bluff Creek Watershed District Date: September 24, 2014 Pane: 4 o Calculations must be provided that verify that the proposed treatment system provides the required level of water quality treatment. No water quality computations were provided. o Provide a detail on the plans for the EcoStorm system. • General Comments: o All stormwater management structures and facilities must be designed for maintenance access and properly maintained in perpetuity. A maintenance and inspection plan must be provided. o Upon completion of site work, submit as -built drawings demonstrating that at the time of final stabilization, stormwater facilities conform to design specifications as approved by the District. Summary Based on the information provided to date, the proposed design would not fully meet the RPBCWD draft rules once implemented. Depending on the timing of the project and the official implementation date of the draft rules, the project could be required to obtain Erosion and Sediment Control and Stormwater Management permits from RPBCWD. Generous, Bob From: Vernelle Clayton [vernelle @visi.com] Sent: Wednesday, September 17, 2014 7:25 PM To: Generous, Bob Subject: FW: VOP, Architectural Review Committee's Review Report for "Chanhassen Specialty Grocery " Follow Up Flag: Follow up Flag Status: Flagged Bob - Below is Mika Milo's review of the Chanhassen Specialty Grocery submission on behalf of the Architectural Review Committee of the Village on the Ponds Association. To: Village on the Ponds Association c/o Vernelle Clayton, the manager of the Association. Re. VOP- Architectural Review Committee review of: " Chanhassen Specialty Grocery" proposed development plans. By: Venture Pass Partners Date issued: 9/17/2014 Dear Vernelle, It is our understanding that the proposed specialty grocery store will be a very welcome addition both to the City, as well as for the VOP community, and is expected to generate a more dynamic business environment for the whole area. And this is at the core of the concept for our Village: a wide range of uses that together create pedestrian oriented streets and a vibrant urban setting. In that respect we look favorably at the proposed development, even though it is not providing for a more mix of uses (retail, residential, office ... )on this one specific site along the Main Street. Also, the main entry is not oriented towards the Main Street, as called for in the VOP Guidelines, assuming some office or residential uses housed on the upper floors. However, we recognize that in this case of a large, single level grocery store, in order to be successful in operation, the main entry needs to be oriented and as close as possible to the parking. Especially in case of very cold winters we have in our Minnesota. Consideration of the addition of another entry (but not necessarily an exit)door towards the street, would be very helpful. It would create a highly welcome break in the long straight rear wall along the Main street. That would spare the customers coming from the street to take a long walk around the building to reach the front door. Or worst, possibly cut across the unimproved site along the loading area to get to the front door. Also, we hope that the "second phase ", would offer more opportunities along that line by the nature of the uses involved (like a cafe, restaurant, office or...), which would provide a stronger integration with the street life. In regard t some other specifics: c. - -- Sheet 1-1.0- Site plan, calls for the removal of the street lights on the East side. However, those lights have to be preserved and operational at the construction completion. d.--- Sheet 1.3- Landscape plan, calls for the existing 5 street trees to remain, which is of essence. Especially due to a very tight space between the wall and the street parking, allowing only nominal new landscaping to be planted along the wall. Also, consider a design change to the ECO mesh green wall, to be slightly curved(in footprint)to help break the monotony of the long, straight wall along the street. e.--- Sheets A2.1; A2.2- Aarchitectural Elevations: - -- Signage: we recognize the need for the store to be well exposed to the freeway, including its signage, but they appear to be too large and too pronounced. Especially above the front entry area. Consider placing the signs over the brick directly, or at least, to color the EIFS sign panel in a way to blend better with the brick around it. - -- Roof line, sheet metal roof above the main entry tower: instead to be shallow in its depth just like all other perimeter sloped roofs, consider to extend far behind over the flat roof areas, to provide for a better integration with the overall building, and less of a "fake" appearance. Possibly to extend it upwards to a full "pyramid" form, thus visually better connecting with the roofs of the proposed next door "Villages" retail. - -- Materials and colors: (based on the drawings review only) seem to be acceptable, but more use of the brick vs. cmu blocks, would further enhance and provide greater variety on the large elevation walls. The above comments were based on our review of the set of preliminary plans (with a focus on architectural and landscape plans) as provided to us on 9/10/14. We hope this report would be of some help, along with all City's reviews and hearings, towards a successful completion and integration of this development into the VOP and City of Chanhassen urban core. Please let us know if we can be of any further assistance. Thank you, Mika Milo, r. architect For VOP Architectural Review Committee. This email is free from viruses and malware because avast! Antivirus protection is active. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on September 25, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Specialty Grocery Store - Planning Case 2014 -29 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day o6-4m)ae r 2014. t �A Notary P lblic Kglen J. Ent", D uty Clerk �'_'�� KIM T. 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