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CAS-25_CENTURY PLAZA BUILDING "C" (2)CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1170 TO: Kennedy & Graven, Chartered 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 LETTER OF TRANSMITTAL DATE JOB NO. 6/12/15 2004-25 ATTENTION Larry M. Wertheim RE: Century Plaza Building "C" WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ 1 THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ® As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ® Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Planning Case File No. 2004-25 copies for approval copies for distribution corrected prints SIGNED: <im Meuwissen, (95 2 -1107 SCANNED It enclosures are not as noted, kindly notify us at once. CERTIFICATE OF COMPLIANCE SITE PLAN PERMIT #2004-25 CENTURY PLAZA BUIDLING "C" To: Cambridge Apartments, Inc. The "Property": Lot 1, Block 4, Vasserman Ridge, according to the recorded plat thereof, Carver County, Minnesota, excepting therefrom that part lying Westerly and Northerly of a line described as commencing at the Northwest comer of said Lot 1; thence on an assumed bearing of South 79 degrees 30 minutes 51 seconds East, along the North line of said Lot 1, a distance of 80.78 feet to the point of beginning of the line to be described; thence South 15 degrees 51 minutes 29 seconds West a distance of 53.76 feet; thence Southwesterly and Westerly a distance of 83.30 feet on a tangential curve concave to the Northwest, having a radius of 61.10 feet and a central angle of 78 degrees 06 minutes 54 seconds to the West line of said Lot 1 and said line there terminating. Commonly known as 2635-2655 West 78's Street, Chanhassen MN. The City of Chanhassen, Minnesota, hereby certifies to Cambridge Apartments, Inc. that, with respect to the Property, all work required under the Site Plan Permit #2004-25, dated August 23, 2004, filed November 29, 2004, as Document No. A402262 (the "Permit") has been completed and the Property is in compliance with the Permit. Dated this 12'h day of June, 2015 STATE OF MINNESOTA l )} ss.: COUNTY OF CARVER The City of Chanhassen, Minnesota By Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this lam day of June, 2015, by Todd Gerhardt, the City Manager of the City of Chanhassen, a municipal corporation under the laws of the State of Minnesota, by and on behalf of said corporation. This document drafted by and should be returned to: Larry M. Wertheim Kennedy & Graven, Chartered Suite 470,200 South Sixth Street MN 55402 �5 r2j, AV 1 �_- -- — OKIM T. MEUWISSEN Notary Public4A M oa,r+,ro„ ECM_ in ai, so¢o 462940v) LMW AL205-8 September 13, 2W6 CITY OF CHMNSEN 7700 Market Boulevard PC Box 14) Ms. Deb Borman Chanhassen, MN 55317 The Business Bank Administration 11100 Wayzata Boulevard Phone:952.227,1100 Suite 150 Fax952.227,1110 Minnetonka, MN 55305-5530 548 Apollo Drive, Suite 10 Lino Lakes. Minnesota 55014 tel651-784-7924 fax651-784-7925 a .dagm.com Stephen J. Lanak Managing Director cell 612-868-6851 slanak@dsgw.com 6q -0S enriching communities through architecture Building Inspections Phone: 952.227,1180 Re: Letter of Credit 1024 — CenturyBuilding`C" Plaza Fax: 952.227.11 go Planning Case No. 04-25 Engineering Phone:952.227,1160 Dear Ms. Borman: Fax 952227.1170 Enclosed is Letter of Credit No. 1024 along with Amendment Number 1. I have nnanre Phone:952227.1140 inspected the landscaping on the referenced project and have found it to be Fax: 952227.1110 acceptable; therefore, I am returning the letter of credit. Park A Recreation Phone: 952.22).1120 Fax: 952.227.1110 Recreation Carder 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning a Natural Resolurces Phone: 952.227.1130 Fax 952.227.1110 Public Worts 1591 Park Read Phone: 952.227,1300 Fax: 952.227.1310 Senior Center Phone:952.22?.1125 Fax: 952.227.1110 Web Site www.ci.chanhasset,.mn.us If you have any questions or concerns, please contact me by email at iinclair@ci.chanhassen.mn.us or at 952-227-1133. Sincerely, CITY OF CHANHASSEN Jill Sinclair Environmental Resources Coordinator JS:ktm ec: Sharmeen Al-Jaff, Senior Planner gAplan\2004 Planning cases\04-25 - century plaza lot c - edina realty building\lc release letter.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. The RECEIVED Busi neSS Bank SEP 2 7 2004 ............... CITY QE CMANHASSEN AMOUNT:;$36,300.00 U.S. Funds: Minnetonka, MN September 24, 2004 IRREVOCABLE COMMERCIAL STANDBY LETTER OF CREDIT NO. 1024 Date: September 24, 2004 To: City of Chanhassen Attn: Ms. Sharmeen Al-7aff 7700 Market Boulevard, Box 147 Chanhassen, MN 55317 Re: Account Party: Alshouse Properties, LLC Re: Construction of a 15,000 square -foot multi tenant building located at Lot 1, Block 4, Vasserman Ridge (the "Project") The Business Bank hereby issues to The City of Chanhassen its Irrevocable Commercial Standby Letter of Credit # 1024 drawable upon The Business Bank from time to time hereafter for up to an aggregate amount of $36,300.00.00 USD (Thirty Six Thousand Three Hundred and no/100 U.S. Dollars) for the account of Alshouse Properties, LLC. Funds under this Letter of Credit are available to you against one or more sight drafts drawn on us stating on their face, "Drawn under Letter of Credit No. 1024 dated September 24, 2004 issued by The Business Bank" accompanied by the following documents: A certificate signed by the Mayor or City Manager of the City of Chanhassen stating: (i) "We are drawing against Standby Letter of Credit No. 1024 as Alshouse Properties, LLC has failed to complete the Grading and/or the Erosion Control improvements as required by the terms of the Site Plan Permit #2004-25, . Century Plaza Building "C", Special Provisions dated August 23, 2004 between the City of Chanhassen and Alshouse Properties, LLC regarding Landscaping and Erosion Control. The City is entitled to the unreleased portion of this Standby Letter of Credit to be used to complete said improvements, (ii) provide the Bank with a written letter on The City of 11100 Wayzata Boulevard, Suite 150 • Minnetonka, MN 55305-5530- (952) 847.1100 • Fax (952) 847.9016 Chanhassen letterhead stating what the default(s) is/are, (iii) written verification that at least 15 days have passed in which Alshouse Properties, LLC has failed to cure such default(s), and (iv) amounts drawn will be used by The City of Chanhassen for those purposes. 2. A fully executed copy of the City of Chanhassen Site Plan Permit #2004-25, Century Plaza Building "C" Agreement including all appropriate Exhibits dated August 24, 2004by and between the City of Chanhassen and Alshouse Properties, LLC. 3. This original Letter of Credit for endorsement, reflecting the amount drawn, after which, if not for the full amount, will be returned to The Business Bank. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit #1024. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. Presentation of such drafts and certificates shall be made at the counters of The Business Bank by no later than 2:00 P.M. on or before November 30, 2005. This Letter of Credit sets forth in full our full understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. Each drawing honored by the Bank hereunder shall further reduce the amount available under the Letter of Credit. This is not a Notation letter of Credit. More than one draw may be made under this Letter of Credit. Documents to be directed to The Business Bank, 11100 Wayzata Boulevard, Suite 150, Minnetonka, MN 55305. This Letter of Credit shall be governed by the laws of the State of Minnesota and supplemented (to the extent consistent with this Letter of Credit) by the most recent revision of the Uniform Customs and Practices for Documentary Credits (1993 revision) International Chamber of Commerce Publication No. 500. 2 We hereby engage with drawers and/or bona fide holders that a draft drawn and negotiated in confonnity with the terms of this Letter of Credit will be duly honored upon presentation. The Business Bank is not to be called upon to resolve issues of law or fact between Alshouse Properties, LLC and the City of Chanhassen, MN. THE BUSINESS BANK By: W.P7ut) a Its: Senior Vice President The ........, Bushes- S Bank �_.-.......P F.,. OCT 2005 QP yr,...tih5SEN AMOUNT: $3,630.00 US FUNDS: Minnetonka, MN DATED: October 10, 2005 IRREVOCABLE COMMERCIAL STANDBY LETTER OF CREDIT NO. 1024 City of Chanhassen Attn: Jill Sinclair 7700 Market Blvd Chanhassen, MN 55317 Re: Alshouse Properties, LLC Century Plaza Building "C" Planning Case No. 04-25 AMENDMENT NUMBER I We refer to the Commercial Letter of Credit No. 1024 dated September 24, 2004. The amount of the letter of credit has been reduced from $36,300.00 to $3,630.00 and the maturity date has been extended to November 30, 2006. All other terms and conditions of the original Commercial Letter of Credit dated September 24, 2004 remain unchanged. LENDER: The Business Bank By: V 4 Q- - q'I.& Peter A. Reichardt Its: Senior Vice President 11100 Wayzata Boulevard, Suite 150 • Minnetonka, MN 55305-5530 (952) 847.1100 • Fax (952) 847.9016 Status Report 11/1/06 plan.OR2 JN 2 & ust Ss eirear2000 M T W T F S M T W T F S M T W T F 1 1 2 3 4 5 1 2 2 3 4...5 5.. ..8 6 7 a 9101172 9 4-6 6 7-8 �9 9 10 11 12 13 14 15 15 1/ 15 16 17 18 19 to 11.12 13 14.15 16 16 17 18 19 20 21 22 Mt 0 22 23 2425 26 17 18 19 20 21 22 23 23 24 25 26 2] 28 29 0: 29 30 dl 24 25 26 V 28 29 M30 _..... ..... ... .._.._._._ _.. _........ V Securities Start Due S P Category Description 11/1/06 11/30/06 0 L.C#1024 expires 11/30/06a Century Plaza Building "C" (Edina Realty Building) Site Plan Permit No. 2004-25 l.ot 1, Block 4, Vasseum Ridge $3,630 (originally $36,300) Erosion Control & Landscaping •LC automatically renews for successive one-year terms on November 30. Notify Sharrneen AI-Jaff 9/30/05 - Sharrneen, status? Kim 10/4/05 - Per Shamleen, Jig is working on this. Check back with Jill on 10/17/05. Kim 10/6/05 - Jill sent letter to bank authorizing reduction by $32,670 to leave a balance of $3,630 (10%). Waiting for confirmation of reduction from bank. Kim 10/12/05 - Received Amendment No. 1 reducing LC to $3,630 and extending expiration date to 11/30106. Kim 9/13/06 - Per Jig the landscaping is satisfactory and the letter of credit can be released. Letter of credit mailed 9/13/06. Activity Closed. Kim 02(Xfi neYeb .Cc glum at 1291 PM S-Saam PoPnt41r Pgal Meuwissen, Kim From: Sinclair, Jill Sent: Wednesday, September 13, 2006 11:36 AM To: Meuwissen, Kim Subject: Edina Realty Bldg Kim, All of the landscaping at the Edina Realty bldg. is satisfactory. The remaining 10% can be released. Thanks. Jill Sinclair Environmental Resources Specialist City of Chanhassen 952\227.1133 9/13/2006 0 .4 .4 m A I Me I- ev" 3: bf, a I -w":jWLVFW±mow• VP Securities 9/30/05 11/30/05 C LC #1024 expires I1/30/05` _ entury PWa Building "C" --�— C Site Plan Permit No. 2004-25 q Lot 1, Block 4, Vaccrrman Ridge 07_ 1 6 f yy( $36,300 Erosion Control & Landscaping Deb to r m a.vL *LC automatically renews for successive one-year terms on 30. o zoos tni�oeveapnwM c<ra raoosrrz:r+w awr.r y PWI October 6, 2005 CITY OF CIIANIIASSEN 7700 Market Boulevard PO Box147 Ms. Deb Borman Chanhassen, MN55317 The Business Bank Administration Phone:952.227.1100 11100 Wayzata Boulevard Suite 150 Fax:952227.1110 Minnetonka, MN 55305-5530 Building Inspections Phone:952.227.1180 Re: Letter of Credit Reduction — Century Plaza Building "C" Fax:952,227.1190 Planning Case No. 04-25 Engineering Phone: 952.221.11 W Dear Ms. Borman: Fax: 952.227.1170 Please accept this letter as authorization to reduce Letter of Credit No. 1024 by Finance Phone: 952.227.1140 $32,670.00 to leave a remainingbalance of $3,630.00. Please send written Fax: 952.227.1110 acknowledgement of this reduction at your earliest convenience. Pads: Recreation Phone: 952.727.1120 1f you have an questions or concerns, lease contact me b email at Y Y 9 P Y Fax: 952.227.1110 jinclair@ci.chanhassen.mn.us or at 952-227-1133. Recreation Center 2310 Coulter Boulevard Sincerely, Phone: 952.227.1400 Fax:952.227.1404 CITY OF CHANHASSEN Planning 8 Natural Resources _ Phone: 952.227.1130� Fax: 952.227.1110 Ji Sinclair Public Works Environmental Resources Coordinator 1591 Park Road Phone: 952.227.130U Fax:952.227.1310 JS:ktm Senior center ec: Sharmeen Al-Jaff, Senior Planner Phone: 952.227.1125 Fax: 952.227.1110 Web She gxplanx2004 planning c \04-25 - century plaza lot c\lc reduction.doc www.ci.chanhassen.mn.us tCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHAS& ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 LETTER OF ANSMITTAL DATE JOB NO. 4/14/04 03-06 ATTENTION Sue Nelson RE: Arboretum Shopping Center WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ _ COPIES DATE NO. DESCRIPTION 1 4/8/04 Executed Drainage & Utility Easement THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Review & recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints REMARKS Here is one additional item to record for Arboretum Shopping Center. If you have any questions, feel free to give me a call. Thanks. COPY TO: 8harmeemAf-Jaff, Senior Planner Dan Remer, Eng. Tech III SIGNED: P[Vff� SMatt aanr (952) 227-1164 It enclosures are not as noted, kindly notify us at once. (reserved far recording informa[ion) PERMANENT DRAINAGE AND UTILITY EASEMENT THIS AGREEMENT made this Rom' day of Q Pl�-L , 2004, by and between (property owner name here), hereinafter referred to as "Grantors", and the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as "City". WITNESSETH: The Grantors, in consideration of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the City, its successors and assigns, a permanent easement for public drainage and utility purposes, over, on, across, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A". TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this agreement, together with the right of ingress to and egress from the property, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors I r and assigns; it being the intention of the parties hereto that the Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described permanent easement premises, subject only to the right of the City to use the same for the purposes herein expressed. It is understood by the Grantors that the City shall not be responsible for any restoration or replacement costs or damages resulting from the construction, maintenance, and use of the easement -premises. It is further understood that vegetation will be removed and that excavation will occur on the easement premises. The above named Grantors, their successors, heirs, and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the parties hereto have signed this agreement the day and year first above written. GRANTORS: ll .v�rir,-.rr r� '� ras CCxt��-!•, �,n 1 � (owner name) p 1 7, (owner name) CITY OF CHANHASSEN lk] (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF }fin ,r ) BY: Q Thomas A. Furlong, Mayor AND ��o�� •-� Todd Gerhardt, City Manager ��"� The foregoing instrument was --acknowledged before me this � day of rnrArrn , 2004, by , . Act -Ls. Pr-dersa) cx<c. V.P. o•P LLr\6c6<,n 'tiros- Cons�y oar / NOTARY PUBLIC (t �_ STATE OF MINNESOTA CAROLELREHM N. NOTARY pUBUC - MINNESOTA )SS. MyCamtolmb nJa91,2W COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this �� Y da of 2004, by Thomas A. Furlong and by Todd Gerhardt, respectively the May r and 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. J NGTARY 1p C DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms ti�1iFt1 .! �:�5'3.LtI,aR9�1 ._ C,:' EXHIBIT 'A" TO PERMANENT EASEMENT EXHIBIT A Leal Description A 30 foot wide strip over and across Lot 1, Block 4, VASSERMAN RIDGE, the center line of said strip is described as follows: Beginning at the southeast comer of Lot 1, Block 1, ARBORETUM SHOPPING CENTER; thence easterly along the easterly extension of the south line of said Lot 1, Block 1, a distance of 8.85 feet thence northeasterly 120.67 feet along a tangential curve to the left having a radius of 94.00 feet and a central angle of 73 degrees 33 minutes 15 seconds; thence northeasterly tangent to last curve 64 feet more or less to the northerly line of said Lot 1, Block 4 and there terminating. �V- 50/L0 39Vd AaO13n3Q d31VM8V310 9998zVVz96 EV:Ii V00L/II/E0 7700 Market Boulevard MEMORANDUM PO Box 147 Chanhassen, MN 55317 Administration TO: Sharmin Al-Jaff, Senior Planner Phone: 952.227.1100 Fax:952.227.1110 FROM: Mark Littfin, Fire Marshal Building nspeo1 Phone: 952.227.1180 60 DATE: Jul 16, 2004 Y Fax 952 227.1190 SUBJ: Request for a site plan approval to construct a 15,000 square- Engineering Phone:952.227.1160 foot multi -tenant building on a 1.9 acre lot zoned PUD, located Fax:952.227.1170 north of Highway 5, south of West 78th Street, and east of Century Boulevard, CPV Development Company, LLC. Finance Phone: 952.227.1140 Fax: 952 227.1110 Planning Case: 04-25 Century Plaza Lot C Part a Recreation20 Phone:952.227.1120 I have reviewed the site plan for the above project. In order to comply with the P P J P Y Fax:952.227.1110 Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or Recreation Center city ordinance/policy requirements. The site plan is based on the available information 2310 Coulter Boulevard submitted at this time. If additional plans or changes are submitted, the appropriate fire Phone:952.227.1400 code or policy items will be addressed. Fax: 952.227.1404 Planning a 1. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, Natural Resources trees, shrubs, bushes, Excel Energy, Qwest, Cable TV and transformer boxes. Phone: 955222z110 Fax:952.227.1110 This is to ensure that fire hydrants can be quickly located and safely operated b Y q Y Y P Y firefighters. Pursuant to Chanhassen City Ordinance #9-1. Copy enclosed. Public Worts 1ne: Park Road Phone:952.227.1300 2, The builder must comply with the Chanhassen Fire Department/Fire Prevention P Y eP Fax:952.227.1310 Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Senior Center Prevention Division Policy #36-1991. Copy enclosed. Phone::952.227.1125 52.2 Fax: 952 227.1110 3. The builder must comply with water service installation policy for commercial Web she and industrial buildings. Pursuant to Inspection Division Water Service www.ci.chanhmn.mo.us Installation Policy #34-1993. Copy enclosed. 4. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A goal place to live, work, and play. Sharmin Al-Jaff, Senior Planner July 16, 2004 Page 2 The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. 6. The two fire hydrants shown on the plan will need to be relocated. Hydrant number one on the north end of the building is to be moved northwest to the parking lot island and hydrant number two shown on the west side of the building can be eliminated and relocated on the island across from the main door. Contact the Chanhassen Fire Marshal for exact relocation. g:\safcty\mlVkevO4-25cemurypla lotC CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 .e►I.. ► ' 1 ' ' II ► ►@ 1 INCLUDED ► ALL Y Revised . 1 1. Fire Marshal must witness the flushing of underground sprinkler service line, per NFPA 13-8-2.1. 2. A final inspection by the Fire Marshal before a Certificate of Occupancy is issued. 3. Eire Department access roads shall be provided on site during all phases of construction. The construction of these temporary roads will conform with the Chanhassen Fire Department requirements for temporary access roads at construction sites. Details are available. 4. Onsite. fire hydrants shall be provided and in operating condition during all phases of construction. 5. The use of liquefied petroleum gas shall be in conformance with NFPA Standard 58 and the Minnesota Uniform Fire Code. A list of these requirements is available. (See policy #33-1993) 6. All fie detection and fie ssu oyez scion systems shall be monitored by an approved UL central station with a UL 72 Certificate issued on these systems before final occupancy is issued. An 1 I " x 14' As Built shall be provided to the Fire Department. The As Built shall be reproducible and acceptable to the Fire Marshal. (See policy #07-1991). 8. An approved lock box shall be provided on the building for fire department use. The lock box should be located by the Fire Department connection or as located by the Fire Marshal. 9. High -piled comhustihle sty shall comply with the mquirementc of Article #R I of the Minnesota IIniform Eire Cade. High -piled combustible storage is combustible materials on closely packed piles more than 15' in height or combustible materials on pallets or in racks more than 12' in height. For certain special -hazard commodities such as rubber tires, plastics, some flammable liquids, idle pallets, etc. the critical pile height may be as low as 6 feet. 10. Eire lane sib shall be provided as required by the Fire Marshal. (See policy #06-1991). 11. Maximum allowed size of domestic water service on a combination domestic/fire sprinkler supply line policy must be followed. (See policy #36-1994). Notes For Site Plan 04-1991 Page 1 of I CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 Market Blvd BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 PREMISES IDENTIFICATION Revised . 1 Ir, Numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. Size and location of numbers shall be approved by one of the following — Fire Marshal, Fire Inspector, Building Official, Building Inspector. Requirements are for new construction and existing buildings where no address numbers are posted. 1. Numbers shall be a contrasting color from the background. 2. Numbers shall not be in script. 3. H a structure is not visible from the street, additional numbers are required at the driveway entrance. Size and location most be approved. 4. Numbers on mail box at driveway entrance may be a minimum of 4". However, requirement #3 most still be met. 5. Administrative authority may require additional numbers if deemed necessary. 1. Minimum height shall be 5 inches. 2. Building permits will not be fmaled unless numbers are posted and approved by the Building Department. 1. minimum height shall be 12" 2. Multi -Tenant Buildings a. Building address range, minimum height of 12 inches. b. Address numbers required on all tenant doors. Mininum height of 6 inches. 3. B address numbers are located on a directory entry sign, additional numbers will be required on the buildings main entrance. 4. Signage on overhead/ delivery doors will also be required. Premises Identification 29-1991 Pagel of 1 CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 WATER SERVICE INSTALLATION POLICY FOR COMMERCIAL AND INDUSTRIAL BUII.DINGS Revised 6/12/02 1) The Inspections Division shall be responsible for issuance of permits No permit shall be issued until approval of plans have been obtained from the following: a) Engineering Department b) Fire Marshal c) Minnesota Department of Health d) Plumbing Inspector 2) Mechanical inspectors will do all installation inspections and witness the hydrostatic and conductivity tests. Call (952) 227- 1180 to schedule an inspection. Inspection and Test Requirements a) All pipes shall be inspected before being covered. Phone (952) 227- 1180, to schedule inspections. A 24 hour notice is required. b) Conductivity test is required. The pipe shall be subjected to minimum 350 amp test for a period of not less than 5 minutes. c) Hydrostatic test required. All pipe shall be subjected to a hydrostatic pressure of 150 PSI for 2 hours. Allowable pressure drop shall not exceed 1 PSI. d) Pipe shall not be run under buildings - NFPA 24, 8-3.1. 3) Upon approval of the hydro test, the plumbing inspector shall submit a copy of the inspection report to the utility superintendent. The inspection report shall note whether the system is ready for main flush and drawing of water sample for the bug test. Water Service Installation 34-1993 Page I of 2 4) Water main flushing shall be witnessed by the utility superintendent. a) Watermain flushing may be scheduled by contacting the utility superintendent at 474-2086. A 24 hour notice is required. b) The utility superintendent shall obtain a water sample for a bacteria test after the main flush and deliver to a testing company. The contractor shall be responsible for testing costs. Allow two weeks for testing results to be returned to the City. c) Upon receiving approval of the water sample test, the utility superintendent shall submit a copy to each plumbing inspector and turn water on to the tested and approved sections of the piping. 5) An additional supervised flush and flow test will be required and witnessed by the Fire Marshal for services supplying fire suppression systems. The flush and flow test shall be performed in accordance with 1991 edition of NFPA 13, Sec. 8-2.1. Contact the Chanhassen Fire Marshal at (952) 227-1150. 6) Watermain installations shall comply with: a) Minnesota Plumbing Code, Chapter 4715 b) Chanhassen Engineering Department, Watermain Specifications c) National Fire Protection Association, Chapter 24 7) Only authorized city employees are permitted to operate city water control valves. For water tam on or off contact the utility superintendent by phone (952) 227-1308. A 24 hour notice is required. Water Service Installation 34-1993 Page 2 of 2 CITY OF C9ANHASSEN 690 City CrnterDnvt, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612.937.5739 Engineering Fax 612.937.9152 Public Safety Fax 612934.2524 Web wwwti.chanhassen.mn.us CHANHASSEN FIRE DEPARTMENT POLICY MAXIMUM ALLOWED SIZE OF DOMESTIC WATER SERVICE ON A COMBINATION DOMESTIC/FIRE SPRINKLER SUPPLY LINE 1. Domestic water line shall not be greater than '/< pipe size of the combination service water supply line. 2. 1 %z" domestic off 6" line. 3. 2" domestic off 8" line. 4. 2'/2 domestic off 10" line. Option 1: Domestic sizes may be increased if it can be calculated hydraulically that the demand by all domestic fixtures will not drop the fire sprinkler water below its minimum gallonage required. Option 2: Combination domestic and fire line service shall have an electric solenoid valve installed on the domestic side of the service. This valve shall be normally powered open and close on loss of electric power or signal from the system water flow indicator. Must be approved by the Chanhassen Fire Marshal and Chanhassen Mechanical Inspector. S � Approved- —Building Official App o — ' e Marshal Chanhassen Fire Department Water Line Sizing Policy #36-1994 Date: 06/10/94 Revised: 11/24/99 Page I of 1 The Citv of Chanhassen. A ?mwinf community with clean lakes, quality schooh, a charmine doumtom tbrivinv businesses, and beautiful Panes. A mat Place to live. work. and olau City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: July 6, 2004 To: Development Plan Referral Agencies From: Planning Department Please return plans to Planning Secretary when finished. Thank you! By: Sharmeen Al-Jaff, Senior Planner Subject: Request for a Site Plan approval to construct a 15,000 square -foot multi -tenant building on a 1.9 acre lot zoned PUD, located north of Highway 5, south of West 78n Street, and east of Century Boulevard, CPV Development Co. LLC. Planning Case: 04-25 Century Plaza Lot "C" The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 2, 2004. The 60day review period ends August 31, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 3, 2004 at 7:00 p.m. in - the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 21, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City DepartmentsCi/��G� AG a. City Engineer �l b. City Attorney 1, c. City Park Director ,Q,Q d. Fire Marshal /(� I e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. cQ►Of COMM Date: July 6, 2004 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department Please return plans to Planning Secretary when finished. Thank you! By: Sharmeen Al-Jaff, Senior Planner Subject: Request for a Site Plan approval to construct a 15,000 square -foot multi -tenant building on a 1.9 acre lot zoned PUD, located north of Highway 5, south of West 78`" Street, and east of Century Boulevard, CPV Development Co. LLC. Planning Case: 04-25 Century Plaza Lot "C" The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 2, 2004. The 60day review period ends August 31, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 3, 2004 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 21, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. MY OF Date: July 6, 2004 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department Please return plans to Planning Secretary when finished. Thank you! By: Sharmeen Al-Jaff, Senior Planner Subject: Request for a Site Plan approval to construct a 15,000 square -foot multi -tenant building on a 1.9 acre lot zoned PUD, located north of Highway 5, south of West 78"' Street, and east of Century Boulevard, CPV Development Co. LLC. Planning Case: 04-25 Century Plaza Lot "C" The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 2, 2004. The 60day review period ends August 31, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 3, 2004 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 21, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. Please return plans to Planning City of Chanhassen Secretary when finished. 7700 Market Boulevard Thank youl Chanhassen, MN 55317 (rff OF (952)227-1100 �A Date: July 6, 2004 To: Development Plan Referral Agencies From: Planning Department By: Sharmeen Al-Jaff, Senior Planr V Subject: Request for a Site Plan approval to construct a 15,000 square -foot multi -tenant building on a 1.9 acre lot zoned PUD, located north of Highway 5, south of West 780' Street, and east of Century Boulevard, CPV Development Co. LLC. Planning Case: 04-25 Century Plaza Lot "C" The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 2, 2004. The 60-day review period ends August 31, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 3, 2004 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 21, 2004. You may also appear at the Planting Commission meeting if you so desire. Your cooperation and assistance is fitly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Mmnegasco 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. 7. MN Dept. of Natural Resources 548 Apollo Drive, Suite 10 Lino Lakes, Minnesota 55014 t,l 651-794-7924 fns 651 784 7935 wtew.dagm.mm TRANSMITTAL project CfiLl 44L,& project # U LFO S(o date `9--1/- -0q - from Jl "e l�Tyew - to S#f41LWe J 192 cc meaty /�L$hkuf we are sending you ❑ shop drawings ❑ plans p(I prints ❑ specifications Key to Action A No exceptions noted B Approved make corrections C Revise & resubmit D Rejected — resubmit E Return after loan to us remarks #Cop1E8 SEMOR DESERUPtIOR CITY OF CHANHASSEN RECEIVED AUG 12 2004 CHANHASSEN PLANNING DEPT ❑ copyofletter ❑ computer diskette ❑ samples ❑ other F Plans G As requested H For review & comment I See remarks below For approval /D Ll - p - ecvtt, 0 $ -11- e y ARIoR enriching communities through nrdiiteclurr Documentt Page 1 of 1 Y,. • • 00 zs Document NO. OFFICE OF THE A 4022 62 COUNTY RECORDER I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII FeeCARVER COUNTY, h7AME:Ipm kitN 13486A Certified Recorded on 11-29-2004 at 11:30 04-11-29 0 IIIIIIIIIIIIIIIIIIIIII1111IIIIIII Co nt R order r IIIIIIIIIIIIIIIIIIIIIIIII CITY OF CHANHASSEN SITE PLAN PERMIT #2004-25 CENTURY PLAZA BUILDING "C" SPECIAL PROVISIONS AGREEMENT dated August 23, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Alshouse Properties, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for the construction of a 15,000 square -foot multi -tenant building (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 4, Vasserman Ridge. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: Century Plaza Lot "C" Cover Sheet, dated received July 2, 2004, prepared by DSGW Architects. Plan B: Landscape Plan dated received July 2, 2004, prepared by DSGW Architects. Plan C: Site Plan, dated received July 2, 2004, prepared by DSGW Architects. Plan D: Floor Plan & Building Section, dated received July 2, 2004, prepared by DSGW Architects. Plan E: Exterior Elevations, dated received July 2, 2004, prepared by DSGW Architects. 1 SCANNED Plan F: Topgraphic Survey, dated Received July 2, 2004, prepared by BKBM Engineers. Plan G: Grading, Drainage and Erosion Control Plan, dated Received July 2, 2004, prepared by BKBM Engineers. Plan H: Utility Plan dated Received July 2, 2004, prepared by BKBM Engineers. Plan I: Geometric Plan and Paving Plan dated Received July 2, 2004, prepared by BKBM Engineers. Plan J: Civil Details dated Received July 2, 2004, prepared by BKBM Engineers. Plan K: Civil Details dated Received July 2, 2004, prepared by BKBM Engineers. Plan L: Civil Details dated Received July 2, 2004, prepared by BKBM Engineers. Plan M: Storm Water Pllution Prevention Plan dated Received July 2, 2004, prepared by BKBM Engineers. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $ 36,300 (Landscaping and Erosion Control). This amount has been calculated at a rate of 110% of the actual value of improvement and has been furnished with the Development Contract. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Craig Alshouse Alshouse Properties, LLC 1300 Willowbrook Drive Wayzata, MN 55391 (763)473-6414 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: 2 • Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On August 23, 2004, the City Council adopted the following motions: "The City Council approves site plan review (2004-25 SPR) for the construction of a multi -tenant building, Century Plaza Building "C", as shown in plans received July 2, 2004, and revised landscape plans dated received August 12, 2004, with the following conditions: a. All roof top equipment shall be screened. b. The trash enclosure shall be built with the same type of materials used on the buildings. c. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. d. Any off -site grading will require easements from the appropriate property owner. e. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. f. Add the following City detail plates to the plans: 3101, 3104, 5201, 5214, 5232 and 5234. g. On the Grading Plan: 1. Show all storm sewer rims and invert elevations. 2. Revise the FES invert elevation to match the pond NWL. 3. Show the existing topography of the site along the east side, including the existing pond and the pond NWL and HWL. 4. Show the retaining wall top and bottom elevations. h. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. Revise the sidewalk elevations off the northwesterly comer of the building to avoid draining stormwater toward the building. j. The sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. k. Revise the grading in the southwesterly comer of the site to show the correct 980 contour line. E 1. Revise the width of the parking stalls to 9-feet wide, as per City Code. m. On the utility plan: 1. Show the existing and the proposed sanitary manholes rim and invert elevations. n. A 15-foot wide clear zone must be maintained in back of the curb along West 78`h Street. o. The proposed berms slope must not exceed 2% within the 60-foot sight triangle of the intersection. p. Fire Marshal Conditions: 1. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Excel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Copy enclosed. 2. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1991. Copy enclosed. 3. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. 4. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. 5. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. 6. The two fire hydrants shown on the plan will need to be relocated. Hydrant number one on the north end of the building is to be moved northwest to the parking lot island and hydrant number two shown on the west side of the building can be eliminated and relocated on the island across from the main door. Contact the Chanhassen Fire Marshal for exact relocation. q. Building Official conditions: 1. The building is required to be protected by automatic fire extinguishing systems. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Retaining walls over 4 feet high require a building permit and the plans must be prepared by a licensed professional engineer. 4 4. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. 5. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. r. The applicant shall revise the plans to maintain a minimum of 10 feet parking setback along the northeast comer. s. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. t. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. u. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Department of Transportation, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. v. The monument sign facing West 78`s Street shall be removed. w. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit." 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN r— BY:. TO F ong, yor AND: 1podd Gerhardt, City Manager The foregoing instrument was acknowledged before me this 30 hay of 2004, by Tom 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 by its City Council. �AAAA4Uk" riAr+:. ,i NGELENGEL HARDI A DT 1> TAR UBLIC KAREN NeNotarypublic - Minnesota Canmission Expires 1/3112005> WVVVVVVVVVYVV STATE OF MINNESOTA ) (ss COUNTY OF (yFA ) DEVELOPER: Atshousp, BY: Its Lhiao� The foregoing instrument was acknowledged before me this 12-"ay of 2004 by NOTARY P KIM T. MEUWISSEfV a_.-_ . CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this 2.4 day of 2004 By:Its 'Wow. )"V n... , .. STATE OF MINNESOTA ) (sS COUNTY OF (0)�7py The foregoing instrument was acknowledged before me this day of , 2004 by City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 ERIN E. BYBOTH NOTARY PUBLIC - WNNESOTA My Comm. Fxp. Jan. 31, 2008 NOTAY PUBLIC 7 Ll CITY OF CHANHASSEN SITE PLAN PERMIT GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the site plan has been recorded with the County Recorder's Office of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan G, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with 13 the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. Lt C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 10 F. Occunancv. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I Construction Hours. The normal construction hours under this contract shall be from 7:00 am. to 7:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. 11 K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall famish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer fiuther agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if 12 any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. gAplan\2004 planning cases\04-25 - century plaza lot c\site plan ageement.doc 13 P, T700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone:952.227.1160 Fax: 952227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park A Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Colder Boulevard Phone:952.227.1400 Fax, 952.2271404 Planning A Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax:952227.1110 Web Site www ci chanhassen.mn.us August 25, 2004 Mr. Craig Alshouse CPV Development Co, LLC 1300 Willowbrook Drive Wayzata, MN 55391 Re: Century Plaza Building "C" — Planning Case No. 2004-25 Dear Mr. Alshouse: This letter is to formally notify you than on August 23, 2004, the City Council adopted the following motions: "The City Council approves site plan review (2004-25 SPR) for the construction of a multi -tenant building, Century Plaza Building "C", as shown in plans received July 2, 2004, and revised landscape plans dated received August 12, 2004, with the following conditions: 1. All roof top equipment shall be screened. 2. The trash enclosure shall be built with the same type of materials used on the buildings. 3. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. 4. Any off -site grading will require easements from the appropriate property owner. 5. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 6. Add the following City detail plates to the plans: 3101, 3104, 5201, 5214, 5232 and 5234. 7. On the Grading Plan: a. Show all storm sewer rims and invert elevations. b. Revise the FES invert elevation to match the pond NWL. c. Show the existing topography of the site along the east side, including the existing pond and the pond NWL and HWL. d. Show the retaining wall top and bottom elevations. 8. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Mr. Craig Alshouse August 25, 2004 Page 2 9. Revise the sidewalk elevations off the northwesterly corner of the building to avoid draining stormwater toward the building. 10. The sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. 11. Revise the grading in the southwesterly corner of the site to show the correct 980 contour line. 12. Revise the width of the parking stalls to 9-feet wide, as per City Code. 13.On the utility plan: a. Show the existing and the proposed sanitary manholes rim and invert elevations. 14. A 15-foot wide clear zone must be maintained in back of the curb along West 78ih Street. 15. The proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. 16. Fire Marshal Conditions: a. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Excel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Copy enclosed. b. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1991. Copy enclosed. c. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. d. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. f. The two fire hydrants shown on the plan will need to be relocated. Hydrant number one on the north end of the building is to be moved northwest to the parking lot island and hydrant number two shown on the west side of the building can be eliminated and Mr. Craig Alshouse August 25, 2004 Page 3 relocated on the island across from the main door. Contact the Chanhassen Fire Marshal for exact relocation. 17. Building Official conditions: a. The building is required to be protected by automatic fine extinguishing systems. In. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Retaining walls over 4 feet high require a building permit and the plans must be prepared by a licensed professional engineer. d. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. e. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 18. The applicant shall revise the plans to maintain a minimum of 10 feet parking setback along the northeast corner. 19. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Tvoe of Sloe Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 20. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 21. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Department of Transportation, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 22. The monument sign facing West 78`s Street shall be removed. Mr. Craig Alshouse August 25, 2004 Page 4 23. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of fighting, acceptable to staff should be provided prior to requesting a sign permit." Our office will prepare a Site Plan Agreement; however, we need an estimate on the cost of improvements for the site (erosion control, grading, landscaping, etc.). A building permit cannot be issued until the Site Plan Agreement has been executed and recorded at Carver County and financial guarantees submitted to the City along with any easements. If you have any questions, please feel free to contact me at (952) 227-1134 or email me at saliaff@ci.chanhassen.mn.us. Sharmeen AI-Jaff Senior Planner c: Steve Torell, Building Official Matt Saam, Acting City Engineer Lundgren Bros. Construction, Inc. &VI=Uo04 planning ca \04-75 - mt-y plaza lot c%Vp-val lettmdoc CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: CPV DEVELOPMENT CO LLC Date: 07/06/2004 Time: 10:15am Receipt Number: EE / 5078 Clerk: BETTY SITE PLAN REVIEW PROJ 04-25 ITEM REFERENCE ------------------------------------------- AMOUNT DEVAP PROJ 04-25 USE & VARIANCE 650.00 SIGN RENT 75.00 PLAT RECORDING 50.00 SIGN ESCROW 100.00 Total: --------------- 875.00 Check 5132 875.00 Change: --------------- 0.00 THANK YOU FOR YOUR PAYMENT! 548 Apollo Orive, Suite in Lino Lakes, A1lnnes0te 55014 let 651-784-7924 foa 651-784-7925 romw.da8rc.com TRANSMITTAL project project # O'fOSG • d date % - Z from S-7-:r, )i to 15'9AaM r ,,77�� 1i cc 604-7.�L6A4r)d6'I dsgw CITY OF CHANHASSEN RECEIVED JUL 0 2 2004 CHANHASSEN PLANNING DEPT we are sending you ❑ shop drawings plans ❑ copy of letter ❑ computer diskette ❑ prints ❑ specifications ❑ samples ❑ other Key to Action A No exceptions noted B Approved— make corrections C Revise & resubmit D Rejected —resubmit E Return after loan to us #COr1E5 SEMON DESC remarks F-Az 'Icyt.' F Plans G As requested H For review & comment I See remarks below <fr—DFOr approval iI.M41111111111 iI I > I I, III egi t� END OFTRANSMITTAL Aureole s- enriching mnlmunitil through ar'chilectan• oo<omemt Gage 1 of t City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: July 6, 2004 To: Development Plan Referral Agencies From: Planning Department By: Sharmeen Al-Jaff, Senior Planner Subject: Request for a Site Plan approval to construct a 15,000 square -foot multi -tenant building on a 1.9 acre lot zoned PUD, located north of Highway 5, south of West 78d' Street, and east of Century Boulevard, CPV Development Co. L.LC. Planning Case: 04-25 Century Plaza Lot "C" The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 2, 2004. The 60-day review period ends August 31, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 3, 2004 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 21, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. PLEASE DO NOT PLACE DOCUMENTS IN THIS FILE UNLESS THEY HAVE BEEN SCANNED SCANNED DOCUMENTS ARE MARKED WITH YELLOW HIGHLIGHTER IN THE LOWER RIGHTHAND CORNER OF EACH DOCUMENT CITY OF 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone:952227.1100 Fax: 952.227.1110 Building Inspections Phone 952.227.1180 Fax 952.2271190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952 227.1400 Fax: 952 227.1404 Planning d Natural Resources Phone: 952.227.1130 Fax: 952.2271110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone. 952 227.1125 Fax 952 227 1110 Web Site www.ci.chanhasseo.mn.us MEMORANDUM TO: Sharmeen Al-Jaff, Senior Planner FROM: Mak Sweidan, Engineer rjh�iEl/— DATE: July 26, 2004 SUBJ: Site Plan Review of Century Plaza, Lot C Land Use Review File No. 04-11 Upon review of the plans dated July 2, 2004, prepared by BKBM Engineering, I offer the following comments and recommendations: GRADING, DRAINAGE & EROSION CONTROL The site was previously rough graded as part of the Vasserman Ridge and Arboretum Shopping Center developments. The current plans show a building with a proposed finished floor elevation of 979.5. The site is designed to drain away from the building to proposed catch basins. These catch basins will connect to an existing storm sewer system which drains to an existing regional pond just east of the parcel. The regional pond has been previously sized to accommodate drainage from this site. No additional ponding improvements are necessary. Storm sewer sizing calculations have been submitted for staff review and only minor changes are needed prior to building permit approval. Berms are proposed on the north side of the site along W. 78`s Street. Staff is recommending that a 15-foot wide clear zone be maintained in back of the curb along W. 78`s Street for snow storage and sight distance. The slope within the clear zone will be limited to a maximum of 2%. Likewise, on the east corner of the private driveway's intersection with W. 78t° Street, the proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. The sight triangle can be found by measuring back 60-feet on each curb line from the intersected street. The proposed monument sign must also be moved a minimum of 20-feet to the east to stay out of the clear zone area. A retaining wall, ranging in height from 1- to 8-feet, is proposed along the east side of the site. Due to its height, this wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gloat place to live, work, and play. Sharmeen Al-Jaff July 26, 2004 Page 2 Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Silt fence and a rock construction entrance have been shown on the plans. UTILITIES Municipal sanitary sewer and water is available to the site from the existing private drive on the northwesterly side. The applicant is proposing to connect to existing sewer and water stubs and extend private services to the proposed building. The underlying property has been previously assessed for sewer, water and street improvements and those assessments have been paid. However, the sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. The applicant is responsible for obtaining permits from the appropriate regulatory agency including, but not limited to the: Riley -Purgatory -Bluff Creek Watershed District, MnDOT, and the MPCA. STREETS/ACCESS No public streets are proposed with this project. Full site access will be gained through the existing private driveway on the northwesterly side of the site. The private drive then connects with West 78's Street on the north side of the parcel. The applicant should be aware that the required width of parking stalls per City Code is 9-feet. The plans must be revised to comply. RECOMMENDED CONDITIONS OF APPROVAL 1. Any off -site grading will require easements from the appropriate property owner. 2. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. Sharmeen Al-Jaff July 26, 2004 Page 3 3. Add the following City detail plates to the plans: 3101, 3104, 5201, 5214, 5232 and 5234. 4. On the Grading Plan: a. Show all storm sewer rims and invert elevations. b. Revise the FES invert elevation to match the pond NWL. c. Show the existing topography of the site along the east side, including the existing pond and the pond NWL and HWL. d. Show the retaining wall top and bottom elevations. 5. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. 6. Revise the sidewalk elevations off the northwesterly corner of the building to avoid draining stormwater toward the building. The sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. 8. The applicant is responsible for obtaining permits from the appropriate regulatory agency including, but not limited to: Watershed District, MPCA and MNDOT. 9. Revise the grading in the southwesterly comer of the site to show the correct 980 contour line. 10. An encroachment agreement will be required for the proposed monument sign within the City right-of-way. 11. Revise the width of the parking stalls to 9-feet wide, as per City Code. 12.On the utility plan: a. Show the existing and the proposed sanitary manholes rim and invert elevations. Sharmeen Al-Jaff July 26, 2004 Page 4 13. A 15-foot wide clear zone must be maintained in back of the curb along W. 78tb Street 14. The proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. 15. The proposed monument sign must be moved a minimum of 20-feet to the east to stay out of the clear zone area. jms c: Paul Oehme, Director of Public Works/City Engineer Matt Saam, Assistant City Engineer. gAengNprojmts\arborerum shopping centerUot c spr.dac CONTRACT FOR SALE OF LAND THIS CONTRACT FOR SALE OF LAND (the "Agreement") is made by and between LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota corporation (hereinafter referred to as "Seller) and CPV DEVELOPMENT COMPANY, LLC, a Minnesota limited liability company (hereinafter referred to as "Buyer) as of the last of the signature dates ("Effective Date"). 1. SALE AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the property legally described as Lot 1, Block 4, Vasserman Ridge, Carver County, Minnesota (the "Property") together with all rights whatsoever, including riparian, oil, gas and mineral rights, privileges, easements, interests and appurtenances thereto, subject to the terms and conditions of this Agreement. 2. PURCHASE PRICE. The purchase price (the "Purchase Price") of the Properly is One Million Seventy -Five Thousand and 00/100 Dollars ($1,075,000.00). The Purchase Price shall be paid by Buyer in certified United States fiords, by wire transfer or other immediately available U.S. federal funds, on the Closing Date (as hereinafter defined) less the Deposit. 3. CLOSING DATE. For all purposes herein, the "Closing" or "Closing Date" shall be a date mutually agreed to by Seller and Buyer within thirty (30) days after receipt of Approvals (as defined in Paragraph 8(c)), but in no event later than the 120'h day after the Effective Date. 4. PLACE OF CLOSING. Unless otherwise agreed upon, Closing shall be held at the offices of Stewart Title of Minnesota, Inc., 1650 West 82nd Street, Suite 100, Bloomington, Minnesota 55431 ("Tide Company"). 5. DEPOSIT. Immediately upon execution of this Agreement, Buyer shall deliver to Title Company earnest money in the amount of Twenty -Five Thousand and 00/100 Dollars ($25,000.00) (including any interest earned thereon, the "Deposit ). The Deposit shall apply to and be credited against the Purchase Price set forth above. The Deposit is nonrefundable to Buyer except as provided in Paragraphs 6, 8, and 10 hereof. 6. TITLE COMMITMENT AND POLICIES. Within thirty (30) days after the Effective Date, Seller shall, at Seller's expense, procure a commitment for title insurance covering the Property, issued by the Title Company, together with legible copies of all recorded documents referenced therein and a special assessment search (the "Commitment"), by which Commitment the Tide Company shall agree to issue to Buyer, upon recording the deed for the Property, a standard owner's ALTA title insurance policy (the "Title Policy") in the amount of the full Purchase Price, without exception for any matters other than (i) current taxes; (ii) applicable zoning and governmental regulations; and (iii) easements and restrictions of record expressly approved by Buyer as a "Permitted 24985%V9 Seller has not received a signed original of this Purchase Agreement from Buyer by said date, this Agreement shall be null and void and Seller's offer to sell the Property to Buyer shall be deemed to be withdrawn. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals. 24885%V9 INC. By: i v — Marc .Anders n, Executive Vice President Date: BUYER: CPV DEVE iGANY, LLC By: Crai Alshouse Its: Chief Manager/President Date: 0,/ 12 THE Cb2AIG COMPANY,, INC. Investment Real Estate Cnr /cp es X., 1300 Willowbrook Drive Wayzata, Minnesota 55391 Telephone. 7631473-6414 F=- 7631473-0491 I u • ._�_►1R lu TO: Shannin AI-Jaff, Senior Planner FROM: Steven Torell, Building Official (� DATE: July 8, 2004 SUBJ: Site Plan review for a multi -tenant building located at the NE comer of Highway 5 and Century Blvd. Century Plaza Lot C, CPV Development Co. LLC. Planning Case: 04-25 I have reviewed the plans for the above building received by the Planning Department on July 2, 2004. Following are my comments, which should be included as conditions of approval. 1. The building is required to be protected by automatic fire extinguishing systems. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Retaining walls over 4 feet high require a building permit and the plans must be prepared by a licensed professional engineer. 4. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. 5. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. G/safety/st/memos/plan/Century Playa Lot C 0 CITY OF CHANHASSEN F z U a a a STAFF REPORT PC DATE: August 3, 2004 3 CC DATE: August 23, 2004 REVIEW DEADLINE: August 30, 2004 CASE #: Planning Case 04-25 BY: Al-Jaff PROPOSAL: Request for site plan approval to construct a 15,000 square -foot multi -tenant building — Century Plaza Lot "C". LOCATION: North of Highway 5, south of West 78d' Street, and east of Century Boulevard. APPLICANT: Craig Alshouse Lundgren Bros. Const. Inc. CPV Development Co, LLC 935 East Wayzata Boulevard 1300 Willowbrook Drive Wayzata, MN 55391 Wayzata, MN 55391 (952) 249-3013 (763)473-6414 PRESENT ZONING: 2020 LAND USE PLAN: ACREAGE: 1.9 acres PUD, neighborhood commercial Commercial DENSITY: F.A.R.0.18 SUMMARY OF REQUEST: Request for site plan approval to construct a one-story, 15,000 square - foot multi -tenant building on a 1.9-acre lot zoned PUD. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. Century Plaza Building "C" Planning Case No. 04-25 August 3, 2004 Page 2 PROPOSAUSUMMARY The applicant is requesting site plan approval for the construction of a 15,000 square foot building housing three office spaces and retail. The site, with an area of 1.9 acres, is located north of Highway 5, east of Century Boulevard and south of West 78d' Street. Access to the site is via a full access curb cut off of West 78`s Street and a right in/out off of Century Boulevard. The site is zoned Planned Unit Development- Neighborhood Commercial. The building is well designed. The main exterior material is brick. Accents are provided through the use of Cement Board Panel, a staggered roofline, recessed walls, windows, and a pronounced canopy at the entrance of the building. The main entry doors into the building will be used as service doors. Parking for vehicles is mainly located north of the building and is hidden from views from Highway 5. Staff has been working with the applicant for several months. They have been very cooperative and have implemented staff's recommendations into the plans. Topics of discussion included Century Plaza Building "C" Planning Case No. 04-25 August 3, 2004 Page 3 parking, materials, Highway 5 Overlay District design standards, standards associated with this specific development, and protecting the residential neighborhoods to the north. A pedestrian trail runs on the north side of West 78`" Street and east side of Century Boulevard. Sidewalks are introduced to this site and connect with the existing sidewalk system on neighboring properties and onto the City's trail system. The current hard surface coverage is 57.7%. The PUD allows up to 70% hard surface coverage. One trash enclosure is shown for the building, located along the west side of the parking lot. The enclosure shall be built of materials matching the buildings. Staff is also recommending the applicant provide additional detail on the trash enclosure for Building "C". Offices and restaurants are permitted in this PUD. The only limitation is that no single user may occupy more than 5,000 square feet. In this case, three branches will occupy this building (mortgage, realty and title) while the retail portion occupies 3,000 square feet. Staff regards the project as a well designed development. The overall design is sensitive to the Highway 5 corridor's image. Based upon the foregoing, staff is recommending approval of the site plan with conditions outlined in the staff report. BACKGROUND On August 26, 2002, the Chanhassen City Council approved the final plat for Vasserman Ridge (Phase I), a portion of the site creating 22 lots including 20 twin -home lots and 2 single-family lots. The plat included ten lots in Block 1, twelve lots in Block 2, one lot in Block 3 (association park), one lot in Block 4 (commercial site) and three outlots. Outlots A through C were for entrance monuments and Outlot D was the remainder of the development to be platted at a future date. On July 28, 2003, the Chanhassen City Council approved a Planned Unit Development Amendment to expand standards for the commercial portion of Vasserman Ridge. The City Council also approved a site plan for the construction of a multi -tenant building with an area of 7,200 square feet. The building was never built and the applicant submitted a new building design and layout for the site. The current proposal is the commercial portion (Lot 1, Block 4, Vasserman Ridge) of the Planned Unit Development. GENERAL SUE PLAN/ARCHITECTURE Building "C" is proposed to house multi tenants with a total area of 15,000 square feet. The main material on the building is brick. Windows, doors and design articulation are shown on all four sides of the building. The site is visible directly from Highway 5 and has full access from West 78`s Street. The site plan is reasonably well developed. The building is proposed to utilize two shades of brick as the main material. Accents are provided through the use of cement board panel, a staggered roofline, recessed walls, awnings, windows, and pronounced canopy at the entrance of the building (samples of the materials will be provided at the meeting). Century Plaza Building " C" Planning Case No. 04-25 August 3, 2004 Page 4 Parking for vehicles is located within the north portion of the site. The parking is screened by the building and the use of landscaping. COMPLIANCE TABLE Setback Required Minimum Proposed From Collector Street 50 feet 52.2 feet From Exterior Lot Lines 30 feet 38.7 feet Interior Public Right -of -Way 30 feet N/A Hard Surface Commercial 70% 57.7% Parking Setback if screening is provided 10 feet 5 feet* * The parking lot does not meet the required setback along the northeast corner. Staff attached a condition that the applicant revises the plans to maintain a minimum of 10 feet parking setback along the northeast corner. ARCHITECTURAL COMPLIANCE Size. Portion and Placement Entries: The building has a pronounced entrance. Articulation: The building incorporates adequate detail and has been designed very tastefully. The architectural style is unique to the building but will fit in with the surrounding area. The building will provide a variation in style through the use of brick, cement board panel, glass, and canopies. Glass is used for service doors giving the building an elegant look. None of the elevations appear as a service area. The building utilizes exterior materials that are durable and of high quality. Samples of the materials as well as a rendering will be available at the meeting. Lighting: A parking lot light plan is required. The plan should incorporate the light style and height. Signs: A detailed sign plan which includes the lighting method will also be required. Individual channeled letters with the option of back lighting are permitted. Material and detail High quality materials - accent material may occupy up to 15 percent of the buildings fagade. The building will utilize brick as the main material. Cement board panel is an accent material although it is permitted as a main building material. Rock face block is used along the lower portion of the buildings. Century Plaza Building "C Planning Case No. 04-25 August 3, 2004 Page 5 Color The colors chosen for the building are earth tones. The selection is unique but blends in with the surrounding buildings. Height and Roof Design The building falls within the Highway 5 Overlay District which limits the height of the buildings to 3 stories or 40 feet. The building is proposed not to exceed 33.4 feet at the top of the pitched roof element. The roofline is staggered adding articulation to the design of the building. All roof top equipment must be screened from views. The ordinance requires a pitched element on buildings. This can be achieved through roof design or awnings. The building complies with this requirement. Facade Transparency All facades viewed by the public contain more than 50 percent windows and/or doors. Site Furnishin¢ The applicant has provided an outdoor seating area for the retail space as well as benches and a planter for the office space. Loadine Areas, Refuse Areas, etc. The applicant is proposing to utilize the main entry doors for service purposes. The trash enclosure is located along the west portion of the parking lot. Recycling space and other solid waste collection space should be contained within the same enclosure. Landscaping The site is fairly level. The landscaping plan will provide a variety of plant materials that are massed where possible. The berms and landscaping materials will be continuous along the perimeter of the site. The plant materials are repetitious in some locations and variable in others. Proposed plant materials are indigenous to Minnesota. A curb is required along the perimeter of the green space area. All planting areas are adequate in size to allow trees to grow. Lot Frontage and Parking Location The site is located within the Highway 5 Overlay District. The ordinance allows one row of parking within the required front yard. The plans show all parking located north of the building and as far as possible from Highway 5. The applicant has made an effort to screen the parking from West 78th Street. Century Plaza Building "C" Planning Case No. 04-25 August 3, 2004 Page 6 RESTRICTION ON MATERIALS Another issue associated with this site is a restriction on type of materials used on the buildings. They are as follows: Building Materials and Design COMMERCIAL 1. All materials shall be of high quality and durable. Brick shall be used as the principal material and must be approved to assure uniformity with the residential uses. 2. Metal standing seam siding will not be approved except as support material to one of the above materials. 3. All accessory structures shall be designed to be compatible with the primary structure. 4. All roof -mounted equipment shall be screened by pitched roofs. Wood screen fences are prohibited. Screening shall consist of compatible materials. 5. All buildings on the commercial site shall have a pitched roof line. 6. All mechanical equipment shall be screened with material compatible to the building. The applicant is utilizing brick as the main material on the building. A rock face sill band appears below the windows. This is in keeping with the intent of the PUD agreement. ME PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: Century Plaza Building "C" Planning Case No. 04-25 August 3, 2004 Page 7 a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; In. The amount and location of open space and landscaping; C. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the City's Highway 5 corridor design requirements, the comprehensive plan, the zoning ordinance, the design standards, and the site plan review requirements. The site design is compatible with the surrounding developments. It is functional and harmonious with the approved development for this area. Staff regards the project as a reasonable use of the land. The overall design is sensitive to the Highway 5 corridor's image. Based upon the foregoing, staff is recommending approval of the site plan with conditions outlined in the staff report. GRADING, DRAINAGE & EROSION CONTROL The site was previously rough graded as part of the Vasserman Ridge and Arboretum Shopping Center developments. The current plans show a building with a proposed finished floor elevation of 979.5. The site is designed to drain away from the building to proposed catch basins. These catch basins will connect to an existing storm sewer system which drains to an existing regional pond just east of the parcel. The regional pond has been previously sized to accommodate drainage from this site. No additional ponding improvements are necessary. Storm sewer sizing calculations have been submitted for staff review and only minor changes are needed prior to building permit approval. Berms are proposed on the north side of the site along West 78"' Street. Staff is recommending that a 15-foot wide clear zone be maintained in back of the curb along West 78`" Street for snow storage and sight distance. The slope within the clear zone will be limited to a maximum of 2%. Likewise, on the east corner of the private driveway's intersection with West 78`s Street, the Century Plaza Building "C" Planning Case No. 04-25 August 3, 2004 Page 8 proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. The sight triangle can be found by measuring back 60-feet on each curb line from the intersected street. A retaining wall, ranging in height from 1- to 8-feet, is proposed along the east side of the site. Due to its height, this wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Silt fence and a rock construction entrance have been shown on the plans. Erosion control blanket must be installed on all slopes greater than or equal to 3:1. All exposed soil areas must have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. Other Agencies The applicant should apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. iTl'ILITIES Municipal sanitary sewer and water is available to the site from the existing private drive on the northwesterly side. The applicant is proposing to connect to existing sewer and water stubs and extend private services to the proposed building. The underlying property has been previously assessed for sewer, water and street improvements and those assessments have been paid. However, the sanitary sewer and water hookup charges Century Plaza Building "C" Planning Case No. 04-25 August 3, 2004 Page 9 will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. The applicant is responsible for obtaining permits from the appropriate regulatory agency including, but not limited to the: Riley -Purgatory -Bluff Creek Watershed District, MnDOT, and the MPCA. STREETS/ACCESS No public streets are proposed with this project. Full site access will be gained through the existing private driveway on the northwesterly side of the site. The private drive then connects with West 78`" Street on the north side of the parcel. The applicant should be aware that the required width of parking stalls per City Code is 9-feet. The plans must be revised to comply with the parking stall width. Pedestrian access is provided via a sidewalk connecting this site to the property to the west which connects to the trail system on Century Boulevard. Additionally, a pedestrian is proposed across West 78th Street at the entrance to the site. PARKING TABULATIONS The city's parking ordinance requires: • 4.5 parking space for each 1,000 square feet of office space. • One parking space for each 200 square feet of retail space. Based upon the above listed requirements, the office portion will require 54 spaces while the retail will require 15 spaces for a total of 69 parking spaces. The applicant is provided 71 spaces. LANDSCAPING Minimum requirements for landscaping include 2,651 sq. ft. of landscaped area around the parking lot, 11 trees for the parking lot, and bufferyard plantings along Highway 5 and W. 78`s Street. The applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table: Required Proposed Vehicular use landscape area 2,651 s . ft. >2,651 s . ft. Trees/landscape area 11 canopy trees 9 canopy trees Highway 5 bufferyard B — 200' 2 canopy trees 4 understory trees 4 shrubs 1 canopy 7 understory 12 shrubs Century Plaza Building "C" Planning Case No. 04-25 August 3, 2004 Page 10 Required Proposed West 78h St. 3 canopy tree 7 canopy trees bufferyard B — 250' S understory trees 10 understory 5 shrubs 15 shrubs Boulevard Trees — W. 78 St. 8 canopy trees 7 canopy 1 per 30' Applicant does not meet minimum requirements for parking lot, bufferyard or boulevard tree plantings. Staff recommends that totals for trees be increased in order to meet minimum requirements as shown in the table. Additionally, according to ordinance, parking lots shall be fully screened from the street. This will require berming or more understory trees and shrubs to be planted along the street frontages. LIGHTING Lighting locations for the parking lot have not been illustrated on the plans. Only shielded fixtures are allowed and the applicant shall demonstrate that there is no more than V2 foot candles of light at the property line as required by ordinance. A detailed lighting plan should be submitted when building permits are requested. SIGNAGE The PUD Sign Standards states: Monument Signs 1. Lot 1 will have 1 monument sign, facing Highway 5. The height of the sign shall not exceed 5 feet with a maximum area of 24 square feet. 2. The base of the sign shall be built of materials similar to those used on the exterior of the buildings and complement their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. FINDING: The plans reflect two monument signs. The first is located along Highway 5 while the second one is shown facing West 780' Street. This second sign must be removed. Wall Mounted Signs 1. Building "C" shall be permitted signage along the west and south elevations only. 2. All signs require a separate permit. 3. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shall relate to color, size, materials, and heights. Century Plaza Building "C" Planning Case No. 04-25 August 3, 2004 Page 11 4. Back -lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. 5. Only the name and logo of the business occupying the building will be permitted on the sign. FINDING: A sign band is shown on the elevations facing the parking lot and Highway 5. The sign locations are consistent with the concept established as part of the PUD. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. Staff recommends the Planning Commission adopt the following motions: SITE PLAN REVIEW "The Planning Commission recommends approval of site plan review (2004-25 SPR) for the construction of a multi -tenant building, Century Plaza Building "C", as shown in plans received July 2, 2004, with the following conditions: 1. Applicant shall increase landscape plantings to meet minimum requirements for bufferyards, boulevard trees and parking lot trees. A revised landscape plan shall be submitted to the City prior to city council approval. 2. Applicant shall fully screen parking lots from adjacent roadways through the use of berming or increased landscaping. 3. All roof top equipment shall be screened. 4. The trash enclosure shall be built with the same type of materials used on the buildings. 5. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. 6. Any off -site grading will require easements from the appropriate property owner. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 8. Add the following City detail plates to the plans: 3101, 3104, 5201, 5214, 5232 and 5234. 9. On the Grading Plan: a. Show all storm sewer rims and invert elevations. b. Revise the FES invert elevation to match the pond NWL. Century Plaza Building "C" Planning Case No. 04-25 August 3, 2004 Page 12 c. Show the existing topography of the site along the east side, including the existing pond and the pond NWL and HWL. d. Show the retaining wall top and bottom elevations. 10. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. 11. Revise the sidewalk elevations off the northwesterly corner of the building to avoid draining stormwater toward the building. 12. The sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. 13. Revise the grading in the southwesterly corner of the site to show the correct 980 contour line. 14. Revise the width of the parking stalls to 9-feet wide, as per City Code. 15.On the utility plan: a. Show the existing and the proposed sanitary manholes rim and invert elevations. 16. A 15-foot wide clear zone must be maintained in back of the curb along West 78`b Street. 17. The proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. 18. Fire Marshal Conditions: a. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Excel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Copy enclosed. b. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1991. Copy enclosed. c. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. Century Plaza Building "C" Planning Case No. 04-25 August 3, 2004 Page 13 d. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. f. The two fire hydrants shown on the plan will need to be relocated. Hydrant number one on the north end of the building is to be moved northwest to the parking lot island and hydrant number two shown on the west side of the building can be eliminated and relocated on the island across from the main door. Contact the Chanhassen Fire Marshal for exact relocation. 19. Building Official conditions: a. The building is required to be protected by automatic fire extinguishing systems. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Retaining walls over 4 feet high require a building permit and the plans must be prepared by a licensed professional engineer. d. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. e. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 20. The applicant shall revise the plans to maintain a minimum of 10 feet parking setback along the northeast corner. 21. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Tyne of Slone Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man Century Plaza Building "C" Planning Case No. 04-25 August 3, 2004 Page 14 made systems that discharge to a surface water. 22. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 23. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Department of Transportation, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 24. The monument sign facing West 78s` Street shall be removed. 25. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit." ATTACHMENTS 1. Findings of Fact. 2. Application and Notice of Public Hearing. 3. Design Standards for Vasserman Ridge. 4. Plans dated Received July 2, 2004. gAplant2004 planning casesN4-25 - century plaza lot 6site plan report pc.dm Location Map m Century Plaza Lot C Lot 1, Block 4, Vasserman Ridge City of Chanhassen Planning Case No. 04-25 Subject Property State Hwy 5 Arboretum ° H Street oulevard ts Planning Commission &ary — August 3, 2004 • dewatering)) and comply with their conditions of approval. 23. Building Official Conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Lots 1, 2 and 3 must be provided with separate sewer services be served by a public line. c. Retaining walls over 4 feet high require a permit and must be designed by an engineer licensed in the State of Minnesota. d. Demolition permits must be obtained before demolishing any structures." All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: CENTURY PLAZA BUILDING "C", SITE PLAN REVIEW FOR A NEIGHBORHOOD COMMERCIAL -OFFICE MULTI -TENANT BUILDING Public Present: Name Address Lori Day Craig Alshouse Steve Lanak 8229 Stone Creek Drive 1300 Willowbrook Drive 548 Apollo Drive #10, Lino Lakes Sharmeen Al-7aff presented the staff report on this item. Commissioner Tjornhom asked staff to explain what would happen with traffic and parking if a restaurant came into this development. Commissioner Keefe asked for clarification on landscaping and berming along Highway 5, sidewalk circulation on the site, lighting, signage, and the proximity of the sitting area to the car wash. Commissioner Papke had further concerns with the sidewalk circulation, and architectural compatibility with the surrounding area. Chairman Slagle asked for clarification about the number of users and what constitutes separate business entities. The applicant, Craig Alshouse addressed issues brought up by the commission regarding berming, sidewalk circulation, architecture, the outside seating area, and the number of users in the building. Chairman Slagle opened the public hearing. Lori Day, manager of the Edina Realty office which has been in Chanhassen for 15 years, stated their desire to build in the community and continue to serve the residents. The public hearing was then closed. After discussion, the following motion was made. Tjornhom moved, Keefe seconded that the Planning Commission recommends approval of site plan review (2004-25 SPR) for the construction of a multi -tenant Planning Commission Onmary — August 3, 2004 • building, Century Plaza Building "C" as shown in the plans received July 2, 2004, subject to the following conditions: 1. Applicant shall increase landscape plantings to meet minimum requirements for bufferyards, boulevard trees and parking lot trees. A revised landscape plan shall be submitted to the City prior to city council approval. 2. Applicant shall fully screen parking lots from adjacent roadways through the use of berming or increased landscaping. 3. All roof top equipment shall be screened. 4. The trash enclosure shall be built with the same type of materials used on the buildings. 5. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. 6. Any off -site grading will require easements from the appropriate property owner. 7. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 8. Add the following City detail plates to the plans: 3101, 3104, 5201, 5214, 5232 and 5234. 9. On the Grading Plan: a. Show all storm sewer rims and invert elevations. b. Revise the FES invert elevation to match the pond NWL. c. Show the existing topography of the site along the east side, including the existing pond and the pond NWL and HWL. d. Show the retaining wall top and bottom elevations. 10. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. 11. Revise the sidewalk elevations off the northwesterly comer of the building to avoid draining stormwater toward the building. 12. The sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. Planning Commission Omary —August 3, 2004 • 13. Revise the grading in the southwesterly comer of the site to show the correct 980 contour line. 14. Revise the width of the parking stalls to 9-feet wide, as per City Code. 15.On the utility plan: a. Show the existing and the proposed sanitary manholes rim and invert elevations. 16. A 15-foot wide clear zone must be maintained in back of the curb along West 78t' Street. 17. The proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. 18. Fire Marshal Conditions: a. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Excel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Copy enclosed. b. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1991. Copy enclosed. c. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. d. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. f. The two fire hydrants shown on the plan will need to be relocated. Hydrant number one on the north end of the building is to be moved northwest to the parking lot island and hydrant number two shown on the west side of the building can be eliminated and relocated on the island across from the main door. Contact the Chanhassen Fire Marshal for exact relocation. 19. Building Official conditions: a. The building is required to be protected by automatic fire extinguishing systems. 7 Planning Commission Omary — August 3, 2004 • b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Retaining walls over 4 feet high require a building permit and the plans must be prepared by a licensed professional engineer. d. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. e. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 20. The applicant shall revise the plans to maintain a minimum of 10 feet parking setback along the northeast corner. 21. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 22. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 23. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Department of Transportation, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 24. The monument sign facing West 78`s Street shall be removed. 25. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit." Planning Commission Cary — August 3, 2004 • All voted in favor, except Papke who opposed, and the motion carried with a vote of 3to1. Commissioner Papke stated his opposition was because he would like to see this type of business in the downtown business area as opposed to a neighborhood retail area. Sharmeen Al-Jaff reminded the commission that their next meeting on August 17`h, to meet at 6:00 p.m. to visit the Moon Valley site prior to the regular meeting. Chairman Slagle adjourned the Planning Commission meeting at 8:30 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim E 04-zs Planning Commission Sting — August 3, 2004 • 21. The estimated total SWMP fee, due payable to the City at the time of final plat recording, is $9,325. 22. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 23. Building Official Conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Lots 1, 2 and 3 must be provided with separate sewer services be served by a public line. c. Retaining walls over 4 feet high require a permit and must be designed by an engineer licensed in the State of Minnesota. d. Demolition permits must be obtained before demolishing any structures." All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: CENTURY PLAZA BUILDING "C", SITE PLAN REVIEW FOR A DEVELOPMENT CO., LLC, CRAIG ALSHOUSE, PLANNING CASE NO.04-25. Public Present: Name Address Lori Day 8229 Stone Creek Drive Craig Alshouse 1300 Willowbrook Drive Steve Lanak 548 Apollo Drive #10, Lino Lakes Sharmeen Al-Jaff presented the staff report on this item. Slagle: Any questions of staff? Bethany, why don't you start. Your turn. Tjornhom: Alright. Alright Sharmeen, I think I talked to you before this meeting started. I was confused. I had read that offices and restaurants were permitted in this PUD so my questions will be regarding that. If you're going to have a restaurant in a building, does that require a traffic study? AI -Jaffa If they meet the minimum requirements of the ordinance with what they are proposing, then no. 15 Planning Commission filing — August 3, 2004 0 Tjomhom: Okay. So like a 3,000 square foot restaurant, you wouldn't have to analyze how many cars would be coming in and out along with the 3 businesses? Al -Jaffa What will happen is we will look at the space and 3,000, the ordinance, assuming that they have a liquor license. Well see if they have a liquor license we will have to come back before you because then they would need a conditional use permit. So I'm going to set that idea aside. Assuming there isn't a liquor license, they would need 1 space per 60 square feet. 3,000 divided by 60 is 50. 50 parking spaces, and again I mean that entire space would have to meet the minimum requirements of the ordinance. Tjomhom: So then if a restaurant would come in. Al -Jaffa If it has a liquor license. Tjomhom: Yes, but even with parking spaces, do they need that amount right now? Are you making the parking spaces, I mean my question is, it's the unknown of what's coming in and then how do you determine what's needed to comply with the ordinances and what makes sense. Al-Jaff: What the applicant is proposing at this time is retail. They, parking was based upon retail square footage. Tjomhom: Okay. Slagle: Let me dovetail if I may. Let's assume for a second that within the next 6 months things change and the applicant says instead of mortgage, title, realty and 3,000 or whatever it is, 5,000 for the retail. 3,000. He changes that or she changes that up to gosh, we want to have 2 restaurants and so forth. I mean what are the requirements I guess may be the question. What are the differences in requirements for parking for a title company, a real estate company and a mortgage company versus a restaurant? Al -Jaffa For an office it's 4.5 parking spaces per 1,000 square feet. Slagle: Okay. AI -Jaffa For a restaurant with a liquor license it's 1 space per 50 square feet. Slagle: Okay. And would that change if there was not a liquor license? AI -Jaffa If there is not a liquor license, then it's 1 space per 60 square feet. And that, what you just, the scenario that you just presented would hold true with any development that comes before the city. Slagle: Understand. So let me ask in a different manner then. Would you be comfortable if the plans changed from what we're seeing today? Regarding the amount of parking spaces. 16 Planning Commission Iting — August 3, 2004 • Al -Jaffa Yes. If there was a variance required for such a development, and that has happened in the past. For instance, why don't we say Edina Realty development. And a lot of staff members get upset with me when I mention this. Dairy Queen wanted to occupy a portion of that space and there wasn't enough parking and staff said we can't give you occupancy for that space. So we basically said no. And we also mentioned that if they applied for a variance for parking, we believe that there might be a problem and we wouldn't support it. Slagle: Okay. Al-Jaff: So it won't be treated any different in this case. Slagle: Fair enough. Tjornhom: So then our job tonight is just to look at what's in front of us and not to do the what if's? Al -Jaffa Correct. Slagle: Any other questions Bethany? Tjomhom: No. Slagle: Okay. Go ahead Dan. Keefe: Had a couple in regards to, one would be landscaping and berming. The landscape plan, along Highway 5 it looks like we're going to have like 2, it looks like about a 2 foot berm but it doesn't look like there's a lot of plantings along there. A] -Jaffa Correct. Keefe: And it looks, we've added that in as a condition. Al -Jaffa That's correct. We said that they need to meet the minimum requirements of the city and in fact the city forester and the applicant met this morning to discuss the landscape plan and they have, they were able to communicate and revised plans will be submitted. Keefe: And then, did that also include then on the north side in regards to additional berming over there. Al -Jaffa Correct. 17 Planning Commission Wting — August 3, 2004 • Keefe: Okay. Alright. I guess to sidewalks and how you access this property. We've got a sidewalk which kind of goes through the middle of the lot and then it goes out to 78th Street. It looks like it ties into the sidewalk maybe in the adjacent property and then to 78`s Street. Are you guys comfortable that that's sort of the best solution for a sidewalk? I know one of the comments I think that Steve had, it said, I think his comment was related to the sidewalk going under the, where it accesses 78`' Street up at the top. Up there. Is it also the best way to kind of come from this development through the parking lot or would it be better to kind of come along the building and go out? I'm just interested in your comments. Al -Jaffa Absolutely, and this is something that staff and the applicant discussed at length. Right now there is an existing, if you were out at the site. The striping is already in and the apron is already in as well. This portion, there's Class V and it's just waiting for the concrete to be poured. So it's safe to say that this is pretty much done. When we looked at this site and how people will potentially use sidewalks, we envision people coming out of this entrance and basically taking a straight line across the parking lot rather than going up here, crossing here, another crossing here and then go. So it was just what made most sense. It's more than likely that people will go across the parking lot. Keefe: They'll come out and there's no other cars or they'll just kind of go straight out. Because there's really nothing to draw them necessarily to the right. Well, is there sidewalks that go along 78`" on the south side. On the north end of the property and then. Al -Jaffa The sidewalk is on the north side. Keefe: The north side, yeah. So if there were people coming out of that building, they might go along the front of the buildings and cut through the parking lot. Kind of, well I was even going to say, yeah. A] -Jaffa Like that? Keefe: Yeah. Al -Jaffa We wanted to discourage several crossings. And this again, this was discussed at length when this. Keefe: Yeah. Okay. One further question in regards to signage and lighting. There's going to be monument signing added on the south side of the property, right? And then in terms of lighting, there wasn't anything specified so without any, it would increase the landscaping and does the applicant want to have, you know have their sign sort of illuminated more? Is it an illuminated sign or we don't know how that's sort of lighting and signage kind of works together. Or does it? A] -Jaffa The signage would have to meet the minimum requirement of the ordinance. Definitely no glare. Nothing that would impact traffic. The sign that the applicant is proposing in this area, which is the north, would have to come out. They're only entitled U Planning Commission Ring — August 3, 2004 • to the one sign on the site. As far as light fixtures, they cannot exceed half a foot candle, and again all light fixtures have to be shielded. Keefe: Now just one other question in regards to the retail and it looks like there's a sitting area or something that's just outside of there. How far is that from the car wash? I'm just curious. And just I'm curious to know kind of what the use is of the sitting area. Is that sort of a rest area for the office people or is that related to the proposed retail use or? Papke: Smoking. Keefe: Smoking room, yeah. Al -Jaffa At the closest point it is 50 feet. Keefe: And in terms of the landscaping, then we're talking about increasing the landscaping along that. I'm just saying if you're going to use it, it becomes any sort of, it's like a public area for the use of the office. I'm just thinking aesthetically next to the car wash and in terms of additional landscaping along there might be nice. I don't know if there's enough room in there so. Al -Jaffa We can work on that. Keefe: So I just don't know the exact use of that and whether it's, but if it is something that you know significant people would want to utilize, I would think that an increase in landscaping and/or you know the aesthetically improved, especially in light of it being next to a car wash. Okay, that's it. Papke: Yeah, a couple questions to follow up on the sidewalk pattern here. Given that 80 percent of the occupancy is real estate related, one can perhaps predict that there won't be a lot of little children riding their bikes to this place. That most likely the primary traffic pattern is somebody going to the gas station to get a package of gum or something to drink. Do you feel that the way this is laid out that that traffic, that natural foot traffic will be properly accommodated, given that people are unlikely to follow the path over to the sidewalk and walk all the way around. They're likely to walk along the edge of the building and cut right over to the gas station. See what I'm saying? They're not likely to follow your finger there and walk all the way over to the sidewalk. They're going to cut right along the edge of the building and walk straight line to the gas station. To get their cup of coffee or whatever. Al -Jaffa Go around the car wash and. Papke: Yeah. Al -Jaffa Are you suggesting that we add a sidewalk in this area? 19 Planning Commission ating — August 3, 2004 • Papke: I'm just asking the question. I'm not making a suggestion at this point, I'm just asking the question whether you feel, you know given that 80 percent of the occupancy is that real estate, has that traffic flow been properly accommodated? AI -Jaffa Chances are they're going to get their coffee, or will pick up their coffee before they come to work. Saam: Commissioner Papke, I'll add one thing Sharmeen. I don't, I see your point and I think it's realistic. However, I'm not sure we want to promote or encourage people to be crossing at either end of the car wash. You know if they choose to do so, so be it. It gets back to kind of this crosswalk thing and location of it. That's something we struggled with with the overall development. Where should we encourage people to cross so I think we're fine with the one crosswalk right here. Have it striped and it will be noticeable. And hopefully the people will utilize it. I mean we're not talking a very far distance out of their way to get to the gas station, but if people so choose to cross the car wash, that's kind of their own choice. Papke: Okay. A couple architectural questions. You mentioned that the building materials match the surrounding buildings. How about the architectural style? The way the building is laid out and appears, other than the materials, do you think architecturally it matches the surrounding buildings? Al -Jaffa One of the features that you will see on the existing, well it's under construction still. But the pitched element is a replica of the pitched element that's on the building that's under construction. Materials again, they are a replica. Papke: So similar geometric pattern. Al -Jaffa And then the use of the brick. I mentioned the staggered roof line. Again, all of these elements mimic the existing building. Papke: Okay. Okay. One last architectural question. I know we're not supposed to play what if again but assuming that some day the, just as they are now, the real estate business moves on and this becomes 3 completely separate businesses. Right now the retail I believe there's 2 entrances for the 3,000 square foot of retail. Has the building been constructed architecturally to be able to accommodate 2 more entrances for those separate businesses someday were that to become an option? A] -Jaffa What I have seen in the past, whenever they want to make changes, such as the one that you mentioned, is they would take one of those windows, the larger windows and replace it with a door. Papke: Okay. So it would accommodate that. Al -Jaffa I've seen that happen, correct. 20 Planning Commission Ating — August 3, 2004 • Papke: Okay. Slagle: I've got a couple. Touching upon a brief discussion before the meeting started, the mortgage, realty and title companies, since limitations as staff notes. No single user may occupy more than 5,000 square feet. A] -Jaffa Correct. Slagle: Will any of those exceed 5,000? Al-Jaff: We will make sure it doesn't but that is something that the applicant will be presenting to you. Slagle: Okay. And are we defining, how do we define single user? And I'll ask the applicant this question as well but I'd be interested in your comment. Are these single business entities owned by the same parent company? Al -Jaffa Correct. Slagle: Okay. A]-Jaff: They will be able to address that in further detail. Slagle: Okay. And then I had one last question and was there discussion with the applicant of switching the retail to the north end and the 3 single users to the south end? Just curious. AI -Jaffa It was touched upon. We left it up to them Slagle: Okay. Al -Jaffa They figured the majority of the people will be coming to Edina Realty. They wanted to be closer to the entrance. But we didn't pursue it any further. Slagle: And just for the, my fellow commissioners. The reason I'm asking that is, Commissioner Keefe's question about the car wash. I mean to think that you would be outside at a table with a car wash right next door doesn't seem to be the most appealing, but that's just one comment so. Okay. Anything else for staff? Okay. Thank you very much. Applicant would like to come up. State your name and address. We'd love to hear your presentation. Craig Alshouse: Certainly. Commissioners, my name is Craig Alshouse. I will be the owner and developer of this property. I worked very closely with Edina and their companies and develop, and own and manage a number of their properties throughout the metropolitan area. We're very excited to find a new home for them here in Chanhassen. We've been looking for quite a while. We've looked at a number of options, both 21 Planning Commission Ating — August 3, 2004 • downtown and south and on 101 and here. And for a lot of reasons this really fits all the needs of hopefully the community, the city, the neighborhood and companies. So we're very excited about it. I would like to tell you that the goal of. Slagle: If I could ask you to move the mic. There you go. Craig Alshouse: You bet. The goal of our presentation and our development here is to make sure that we do have a continuous architecture, continuous style and towards that end we have used the exact same materials that they are using on the buildings next to us that you now see going up. They have not put the block and the brick on those buildings yet but you will see the metal studs and the siding. And we've chosen to use the exact same materials so that it looks like a contiguous development even though there are 3 separate owners, Ron Clark's retail, the gas station and car wash, and then our's. Secondly, we have used the exact same type of architectural style if you will. It's approximately the same height and we do have the pitched element which is the same type of material also. And with me tonight is, in case you have any questions, is our architect Steve Lanak. His company also represented and did all the work on the original PUD and the original site planning. He's very familiar with the city and he also did the design and the work on the building that is now being done. I'd like to address a number of your questions, if you wouldn't mind. You had some questions on the north side there on the berming. I just took some notes and our bemring on the north side there, we would like to make continuous, approximately the same height as what you see behind the retain building that Ron Clark is now building. And so it'd be about the same height and so it would just kind of continue outside of coming down for the entrance into our building, and the sidewalk. I wonder if Sharmeen if we could put this back up again. With respect to sidewalks and location. I'd like to address that. You know there's never any perfect solution. Everything is give and take. We did look very seriously at putting retail on the north end here. Our feeling on that was two fold. One, staff did not want any signage on the north side of this property because they thought that that might interfere with the residential area to the north on the other side of 78`h. Secondly, retail as you know is location oriented and is signage oriented. People have to know it's there, and when your main traffic is on Highway 5, if you had a small retailer here, he would have absolutely no visibility from people going east and he would have some visibility from people going west. However, if you put him in this area, he would have much higher visibility. Staff really wanted retail there and we said we would do our best to try and find 3,000 square feet of retail for that site. It's possible that there may be 2. It may be two 1,500 square foot users or a 1,000 and a 2,000 square foot user. Or maybe one 2,000 square foot user and the other one 1,000. I'm not sure what we'd do with it but so, we looked very seriously at putting it on the north end but for those reasons it didn't make any sense. Therefore we said well if that's retail, maybe it's a sandwich shop, maybe it's a coffee shop. Maybe it's a Laundromat. Maybe it's a hairdresser. We're not sure. We're not sure if we'll use that type of a patio for seating for the office or seating for the retail, and we'd like to get that as far away from the car wash as possible so we moved the entire building up this way so we could get more space here. It didn't make much sense to put retail here and put the patio up here. So on the fifth rendition of this drawing we moved everything up here, and you will see from the staff report that we 22 Planning Commission feting — August 3, 2004 • have 1 or 2 parking spaces there that are within 5 feet of the property line and now we need to kind of gerry rig that back down a little bit, and we will do that. We talked about sidewalks, and certainly Commissioner Papke, you're absolutely right. Will people walk across the parking lot if they're going to? This retail building here does have, as far as I know, a hair salon. They've been talking to a coffee shop. I don't know if they've signed them yet. And if they do, is it possible that these office people will want to go to that area? Absolutely. Can we prevent them from coming out this area and walking on the blacktop and cutting across? No, I really can't do that. Do I want to encourage them to go that way by putting a sidewalk across the exit to the car wash? No, I sure don't want to do that. Especially in the winter when you've got ice and that kind of thing. We really felt it was the best of all worlds is to provide a cross walk area here and sidewalk across tying into the only sidewalk that this area has, and that ties right into the retail. Most of these people if they're going to walk to the west, they're going to go to the retail, probably not the convenience store I would think, but you know who knows. There's 6, 7, 8 retailers there and they're yet unidentified so it'd be difficult for us to know. But that's why we put that sidewalk there. We thought that was the best solution. Of course we could have left it out but then I think without question they'd be walking in the parking lot. Signage, there will be no signage here and certainly the monument sign is only 5 feet so there will be signage on the building here and here. And when you pull in there will be smaller signs on the front of the building just identifying who the tenants are. So that covers the locations of the retail and the sitting area and the signage, the sidewalks, the berming, landscaping. I think we're going to move some things around. We probably had a little too much planting in this area and too little down here and a couple other areas and Mr. Lanak, the architect met today with your staff and I think worked that out and so we'll resubmit that. So I'm open to questions. Slagle: Kurt, you want to start? Papke: I asked, I sent an e-mail to staff this afternoon concerning the definition of the legal entities that I think, that issue was brought up before and I don't think you've answered that question yet. Craig Alshouse: Oh right. There are three legal entities. Those are Edina Title, Edina Mortgage and Edina Realty. They are all owned by Home Services of America and that is the holding company that owns all of those businesses and all of those companies, as well as other real estate companies throughout the United States. Papke: So when I walk in through one single door, what will I see? Will I see three interior doors to three separate businesses or will I see three sets of desks clustered in one big room with papers being passed from desk to desk? Craig Alshouse: Well the quick answer is yes. You'll probably walk in, because we haven't laid out the interior yet. You'll walk into the main entrance here and these three entities will share a lot of space. There isn't any question about it. They will share conference areas. They will share common areas. They will share bathrooms. They will share some hallways and they'll share the lobby. In most cases we do have a demising 23 Planning Commission fling — August 3, 2004 • wall between Edina Mortgage, excuse me, Edina Title and the other two. And in most cases Edina Mortgage is not separated by a demising wall, and those people just have offices next to what you might say are realtors. So when you walk in, and we haven't laid this out yet but more than likely you'll have one direction to Edina Title because this title company will do a lot of title work for not just Edina people, but also for Coldwell Banker and others. The general community. It's a title company so, one direction there and the other direction to mortgage and realty with a lot of shared space. Will most of the space be real estate versus title? Yes. It would be. There will be more of that then there is anything else, yes. Papke: You mentioned in your opening remarks that you've been looking for a location for a while. This one appeals to you. Could you tell me why this location appeals to you? Craig Alshouse: Well yes. First of all it has excellent visibility. It is located out of the downtown area. We looked at some newer sites across Highway 5 by Culver's and the manager, Lori Day from Edina Realty felt that that was just way too busy and I concurred. With the new supermarket that's going in there and the bank and everything else, it's just almost a traffic nightmare getting in and out. We looked at some other spots on the south side of 5. They either were not available or were undevelopable or were part of 50 or 100 acres that had not yet been subdivided. We would very much liked to have been on the south side of 5 next to the Holiday Inn Express, and that is zoned for restaurant and so that was unavailable. We'd very much like to have been on Highway 41 and Highway 5, but the city requires that to be one big user and not a number of users. We would liked to have been on one or two other spaces on the north side of 5, west of their existing location and those locations were zoned for restaurant and the city would prefer to have a restaurant there. When you really got down to it, there weren't any other locations. And so I hope that answers your question, yeah. Slagle: Dan. Keefe: In regards, can we go back to the plan and the sidewalk. When we're talking the retail, and this is due to my unfamiliarity with the project next door. Most of the retail that she said was on the north side of that property next door? Craig Alshouse: This little corner right here, that's the end of the retail building. 60 foot deep and. Keefe: Yeah, and then the use, what is the use on the south end? Is that also retail? Craig Alshouse: The whole building's retail. Slagle: Sharmeen, if you could put up. Keefe: I'm just trying to get a better comfort level with the sidewalk and the way that you design it, and you said something which made a lot of sense to me, which is if the 24 Planning Commission sting — August 3, 2004 • users, particularly on the retail on the north end. I mean if a lot of them are coming out of this building and would be going to 5 or 6 uses on that side. I mean I can see conceivably where a good chunk of people would cross through that parking lot, use that sidewalk and go to that side. If they were to go to the building's adjacent to the car wash, we might see more people cutting across. Craig Alshouse: Yes, and that's a gas station/convenience store if I understand it correctly, is it not Sharmeen? Al -Jaffa Yes. Craig Alshouse: Convenience store, so yeah if they want a package of gum, I guess they'd go there. Unless they, well I don't know if they're going to put a superette or anything on the north side. I really don't know what they're going to put there yet. Keefe: Right. Okay, and then going to the seating area that you had, and this is kind of a combination question. Sharmeen, maybe you can help me with this. Would we ever have a seating area that would be on, if there had been a berm along Highway 5, would we ever consider a seating area right along, on the south side of that building? I don't know if that was considered or not. I guess it depends somewhat on the use and whether you would even consider that as a possible. Craig Alshouse: Well most the people in this building are office and do they want to sit and look at traffic? Probably not. Keefe: Well and again, depends on the landscaping, bemung that you put in there and so. Craig Alshouse: The topography there is pretty steep. Keefe: Right. So the question, I'm still struggling a little bit with the seating area next to the car wash and maybe you can try to address that and shifting it back. Craig Alshouse: You know the seating area is, you don't have to have a seating area. Staff preferred one and said you know the city likes to have a little seating area here and that worked out best for us to put it there. There really wasn't any other place to do it. On this side you have a retaining wall. And on this side you have all the traffic, so. Keefe: Is the use, is this in any way similar to the Wayzata building in terms of square footage? I'm familiar with that one. Lori Day: That's a two story so much larger. Keefe: That one's considered a little larger than this one? Okay. Alright. Craig Alshouse: Yeah, that's a multi -tenant building. Office building. It's probably a 30,000 square foot. 25 Planning Commission fleting — August 3, 2004 • Keefe: Yeah, you've got the title on one side as you walk in kind of ... title's on I think the right as you walk in and the mortgage and the real, yeah. Okay. Alright. That's all I have. Tjomhom: I really didn't have any questions but now as he's talking about sidewalks and the concern with the car wash and the patio area. Tell me why you couldn't just plant trees? Craig Alshouse: Could. Tjonohom: Like just to block off that car wash and then. Craig Alshouse: Well I was wondering if there was any landscaping requirement on the part of the neighbor on that side of the car wash and I found out there was not. As far as I know. Maybe I'm mistaken but I don't see anything on their. Do you think, oh I am mistaken? Oh good. I'm glad I am. If there is some landscaping here, that would certainly help us. Tjornhom: Yeah, I mean if you just made it so people couldn't pass through for one thing with trees and. Craig Alshouse: Oh I don't think they can. Tjonohom: Am I crazy, where were we concerned that people would be crossing over to get a pack of gum? Craig Alshouse: This way. Tjornhom: Right here, so even. Oh, on the road. Not, I thought they were talking about crossing over. Craig Alshouse: No. This car wash goes this direction. Tjonohom: Right. Craig Alshouse: So I don't see anybody wanting to go back around this way. That'd be more difficult with walking, I don't know why they'd want to do that. And especially most of the year, you're going to have snow plowed up there and it's going to be a mess so the only unplowed area is going to be up here. Tjonohom: Right. Okay. Okay, that was my only comment was just about the, blocking the patio off with trees and not having a problem. 26 Planning Commission sting — August 3, 2004 • Slagle: Alright. Couple thoughts. Touching upon Bethany's comment. To the north of the garbage area, if you will. That green space, which I'm going to guess is what 30 feet? 50 feet? From the garbage area up to the road. Maybe more. Steve Lanak: It's a 20 foot stall so probably 35. Slagle: So I mean I'm just going to throw out that maybe some evergreens or something like that there would prevent people from maybe cutting across, because I think the key concern is, at least in my mind is, trying to keep them as far away from the exit of the car wash as possible. I mean I don't think you're going to get them to always use the sidewalk. Craig Alshouse: Yeah, we can discourage that, sure. Yeah, with plantings on either side of that. Yeah. Slagle: Okay. I'll leave that up to your discussion with staff, but I want to get back to the three uses. Because based upon your conversation or your presentation of the shared resources and shared areas, I'm sorry to staff more. I mean are we sort of walking a fine line when we're talking that they're really not three distinct uses? I guess what I'm saying is, had the question been answered yes, there's three doors. They all have the name plate and you. Craig Alshouse: I do have three distinct leases and as the owner of the building I signed three distinct leases, so I have three users. Slagle: Okay, and does that meet? Al-Jaff: That meets the intent of the ordinance. I'm going to give you one other example I did, before the meeting I did mention one building. Think of the Medical Arts building. You walk in. There's one entrance. They do share a lot of facilities within that building. There is one common hallway. Bathrooms are shared. Think of this as something similar. Within that building there is a dentist. There is, one doctor can refer you to another doctor in the next door building, or next door office. Think of this building in those terms. Slagle: Okay. I don't think I have anything else. Anything else? Okay. It is a public hearing so any folks out there wanting to stand up and make a comment, please state your name and address for the record. Lori Day: I'm Lori Day and I'm the manager of the Edina Realty office and we have been in Chanhassen for 15 years and I think fortunately, like everybody here, we've seen such great growth in the community and it's been good growth and we just hope that we can stay. We've looked for sites for a couple of years. Found this one that seems to work and we hope we can be here and continue to grow and serve the homeowners of Chanhassen so thanks for considering it tonight. 27 Planning Commission Sting — August 3, 2004 • Slagle: Well you're welcome. Anybody else? Seeing no one, I'll close the public hearing and bring it back to the commission. Any further thoughts? Comments? Okay. I'll entertain a motion. Tjomhom: I make a motion the Planning Commission recommends approval of site plan review 2004-25 SPR for the construction of a multi -tenant building, Century Plaza Building C as shown in plans received July 2, 2004 with the following conditions 1 through 25. Slagle: I have a motion. Is there a second? Keefe: I'll second. Slagle: There's been a second. Any friendly amendments? Further discussion? Tjornhom moved, Keefe seconded that the Planning Commission recommends approval of site plan review (2004-25 SPR) for the construction of a multi -tenant building, Century Plaza Building "C" as shown in the plans received July 2, 2004, subject to the following conditions: 1. Applicant shall increase landscape plantings to meet minimum requirements for bufferyards, boulevard trees and parking lot trees. A revised landscape plan shall be submitted to the City prior to city council approval. 2. Applicant shall fully screen parking lots from adjacent roadways through the use of berming or increased landscaping. 3. All roof top equipment shall be screened. 4. The trash enclosure shall be built with the same type of materials used on the buildings. 5. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. 6. Any off -site grading will require easements from the appropriate property owner. 7. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 8. Add the following City detail plates to the plans: 3101, 3104, 5201, 5214, 5232 and 5234. 9. On the Grading Plan: a. Show all storm sewer rims and invert elevations. b. Revise the FES invert elevation to match the pond NWL. W Planning Commission ating — August 3, 2004 • c. Show the existing topography of the site along the east side, including the existing pond and the pond NWL and HWL. d. Show the retaining wall top and bottom elevations. 10. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. 11. Revise the sidewalk elevations off the northwesterly corner of the building to avoid draining stormwater toward the building. 12. The sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. 13. Revise the grading in the southwesterly corner of the site to show the correct 980 contour line. 14. Revise the width of the parking stalls to 9-feet wide, as per City Code. 15.On the utility plan: a. Show the existing and the proposed sanitary manholes rim and invert elevations. 16. A 15-foot wide clear zone must be maintained in back of the curb along West 78`s Street. 17. The proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. 18. Fire Marshal Conditions: a. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Excel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Copy enclosed. b. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1991. Copy enclosed. c. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. 29 Planning Commission Wing — August 3, 2004 • d. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. f. The two fire hydrants shown on the plan will need to be relocated. Hydrant number one on the north end of the building is to be moved northwest to the parking lot island and hydrant number two shown on the west side of the building can be eliminated and relocated on the island across from the main door. Contact the Chanhassen Fire Marshal for exact relocation. 19. Building Official conditions: a. The building is required to be protected by automatic fire extinguishing systems. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Retaining walls over 4 feet high require a building permit and the plans must be prepared by a licensed professional engineer. d. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. e. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 20. The applicant shall revise the plans to maintain a minimum of 10 feet parking setback along the northeast corner. 21. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Tvae of Sloe Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or 30 Planning Commission Wing — August 3, 2004 other natural or man made systems that discharge to a surface water. 22. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 23. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Department of Transportation, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 24. The monument sign facing West 78`h Street shall be removed. 25. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit." All voted in favor, except Papke who opposed, and the motion carried with a vote of 3to1. Slagle: Okay, the plan passes 3 to 1. Do we have enough Sharmeen for a majority standpoint? With only 4. Al -Jaffa It's a simple majority so 3 to 1, yes. Slagle: Fair enough. Okay, it passes. Thank you very much. Keefe: Do you want to? Slagle: Oh, if he so chooses. Papke: Yes. I believe this application satisfies the letter of the law, both in the type of business that's being placed here as well as the number of businesses, but I think on both accounts I think it goes against the spirit of what we're trying to achieve here. I would much prefer to see this type of business in the downtown banking area, in the redevelopment of the bowling alley, something of that nature where there are... This is the kind of business that belongs in that kind of an area as opposed to a neighborhood area where we'd like kids to be able to ride their bikes there. People to walk to restaurants and so on so I don't think it benefits the surrounding Vasserman Ridge development much to have this real estate agency there. So that's why I oppose it, even though it does follow the letter of the law. Slagle: Fair enough, okay. Thank you very much. APPROVAL OF MINUTES: Commissioner Keefe noted the verbatim and summary minutes of the Planning Commission meeting dated July 20, 2004 as presented. 911 o4-Z5 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) NOTICE OF PUBLIC HEARING PLANNING CASE NO.04-25 CITY OF CHANHASSEN Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized NOTICEISHEREBYG1VENthafl agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- the Chanhassen Planninglager and has full knowledge of the facts herein stated as follows: Commission will hold a public' hearing on Tuesday, August $ 2004, at (A) These newspapers have complied with the requirements constituting qualification as a legal h p.m. in the Council Chambers inCChanhassen City Hall, 7700 Market newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as Blvd. The purpose of this hearing is amended. to consider a request for site plan p�� approval to construct a 15,000 square-(B) The printed public notice that is attached to this Affidavit and identified as No. 6 foot multi -tenant building on a L9ac a was published on the date or dates and in the newspaper stated in the attached Notice and said lot zoned PUD, located north of Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of Highway 5, south of West ut7r Street, the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both and east of Century Boulevard - inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Development o. LLCApplicant CPV Development Co. [.LC. and publication of the Notice: A plan showing the location of the proposal is available for public review abcdefghijkl mopgrstu yz at City Hall during regular business hours. All endth this persons are mvVed m atfwd this public hearing and express the it opinions aith respect �L" to this proposal Laurie A. Hartmann Sharmeen At- Jaff, Senior Plainer Rm,il: 1iaffk i ch thassen mn us Subscribed and sworn before me on Phone: 952-227- 1134 C (Published in the Chanhassen i�//zN Villager on Thursday, July 22, 20K this '- day oLI 004 No. 4236) � GWEN M. RADUENZ y OTARYCwuft PUBLIC Jw, 31. TA 1920 Ay CortpMcsian E>�piros Jan. 31.2005 Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter...... _........................ $22.00 per column inch Rate actually charged for the above matter ............................................... $10.85 per column inch r City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Uff OF (952) 227-1100 malm To: Craig Alshouse Ship To: CPV Development Co. LLC 1300 Willowbrook Drive Wayzata, MN 55391 Invoice SALESPERSON DATE TERMS KTM 7-22-04 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 10 Property Owners List within 500' of Lot 1, Block 4, Vasserman Ridge (10 labels) S3.00 S30.00 TOTAL DUE $30.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #04-25. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! 0 Location Map 0 Century Plaza Lot C Lot 1, Block 4, Vasserman Ridge City of Chanhassen Planning Case No. 04-25 I'M T�. ArboretumState Hwy 5 :. ule vard am u BRETT PETERSON 7677 CENTURY BLVD CHANHASSEN MN 55317-4415 JOYCE E NOON 7685 CENTURY BLVD CHANHASSEN MN 55317-4415 CHRISTOPHER A RASMUSSEN & NICOLE L RASMUSSEN 7681 CENTURY BLVD CHANHASSEN MN 55317-4415 KIMAN & JUNG JOO 7693 CENTURY BLVD CHANHASSEN MN 55317-4415 PULTE HOMES OF MINNESOTA LUNDGREN BROS CONSTRUCTION CORP 935 WAYZATA BLVD E 815 NORTHWEST PKY WAYZATA MN 55391-1899 SUITE 140 EAGAN MN 55121-1580 WYLS, LLC PO BOX 113 YANKTON SD 57078-0113 JACQUELYN R LARSON 7673 CENTURY BLVD CHANHASSEN MN 55317-4415 LESLIE E JOHNSON 7689 CENTURY BLVD CHANHASSEN MN 55317-4415 STEVEN SLOWEY 2505 BURLEIGH ST YANKTON SD 57078-1898 SCANNED CITY OF CHANHASSEN 7700 MARKET BLVD CHANJAASSEN MN 55317 Payee: CPV DEVELOPMENT COMPANY LLC Date: 08/30/2004 Time: 4:11pm Receipt Number: DW / 5375 Clerk: DANIELLE GIs LIST ITEM REFERENCE AMOUNT ------------------------------------------- GIs GIs LIST GIs LIST 30.00 --------------- Total: 30.00 Check 5138 30.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! MEMORANDUM TO: Todd Gerhardt, City Manager CITYOF FROM: Sharmeen Al-Jaff, Senior Planner CIIMSEN �ttQQQ DATE: August 23, 2004 Q' 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJ: Site Plan Approval to Construct a 15,000 Square -Foot Multi -tenant Building — Century Plaza Lot "C" — Planning Case No. 04-25 Administration Phone: 952.227.1100 Fax:952.227.1110 EXECUTIVE SUMMARY Building Inspections Phone: 952 227.1180 Request to construct a 15,000 square -foot multi -tenant building — Century Plaza Lot Fax 952.227.1190 "C". Three branches of Edina Realty will occupy this building (mortgage, realty Engineering and title) for a total of 12,000 square feet while the retail portion occupies 3,000 Phone:952.227.1160 square feet. Fax: 952.227.1170 Finance ACTION REQUIRED Phone: 952.227.1140 Fax 952.2271110 City Council approval requires a simple majority of City Council present. Park A Recreation Phone. 952.227.1120 PLANNING COMMISSION SUMMARY Fax: 952.227.1110 Recreation Center The Planning Commission held a public hearing on August 3, 2004, to review the 2310 Coulter Boulevard Phone: 952.227.1400 proposed site plan. The Planning Commission voted 3 to 1 to approve the proposed Fax: 952227.1404 request. The summary and verbatim minutes are item Its in this packet. Planning A RECOMMENDATION Natural Resources Phone, 952.227.1130 Fax 952.2271110 Staff and the Planning Commission recommend adoption of the motion approving the preliminary plat and site plan as specified in the attached staff report dated Public wanks 1591 Park Road August Au � 3, 2004• Phone: 952.227,1300 Fax:952.2271310 ATTACHMENTS Senior Center Phone :952.2271125 1. Planning Commission Staff Report Dated August 3, 2004. Fax: 952 2271110 Web Site g\plan\2004 planning casesx04-25 - century l lot cxexecutive summary.doc www.ci.chanhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding bails, and beautiful parks. A geat place to live, work, and play. CITY OF CHANHASSEN STAFF REPORT PC DV: August 3, 2004 CC DATE: August 23, 2004 REVIEW DEADLINE: August 30, 2004 CASE #: Planning Case 04-25 BY: Al-Jaff PROPOSAL: Request for site plan approval to construct a 15,000 square -foot multi -tenant building — Century Plaza Lot "C". LOCATION: North of Highway 5, south of West 78"' Street, and east of Century Boulevard. APPLICANT: Craig Alshouse Lundgren Bros. Const. Inc. CPV Development Co, LLC 935 East Wayzata Boulevard 1300 Willowbrook Drive Wayzata, MN 55391 Wayzata, MN 55391 (952) 249-3013 (763)473-6414 PRESENT ZONING: PUD, Neighborhood Commercial 2020 LAND USE PLAN: Commercial ACREAGE: 1.9 acres DENSITY: F.A.R. 0.18 SUMMARY OF REQUEST: Request for site plan approval to construct a one-story, 15,000 square - foot multi -tenant building on a 1.9-acre lot zoned PUD. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. Century Plaza Building "CO • Planning Case No. 04-25 August 3, 2004 Page 2 PROPOSAUSUMMARY The applicant is requesting site plan approval for the construction of a 15,000 square foot building housing three office spaces and retail. The site, with an area of 1.9 acres, is located north of Highway 5, east of Century Boulevard and south of West 78m Street. Access to the site is via a full access curb cut off of West 78d' Street and a right in/out off of Century Boulevard. The site is zoned Planned Unit Development- Neighborhood Commercial. The building is well designed. The main exterior material is brick Accents are provided through the use of Cement Board Panel, a staggered roofline, recessed walls, windows, and a pronounced canopy at the entrance of the building. The main entry doors into the building will be used as service doors. Parking for vehicles is mainly located north of the building and is hidden from views from Highway 5. Staff has been working with the applicant for several months. They have been very cooperative and have implemented staffs recommendations into the plans. Topics of discussion included Century Plaza Building "Co • Planning Case No. 04-25 August 3, 2004 Page 3 parking, materials, design standards, standards associated with this specific development, and protecting the residential neighborhoods to the north. A pedestrian trail tuns on the north side of West 78`' Street and east side of Century Boulevard. Sidewalks are introduced to this site and connect with the existing sidewalk system on neighboring properties and onto the City's trail system. The current hard surface coverage is 57.7%. The PUD allows up to 70% hard surface coverage. One trash enclosure is shown for the building, located along the west side of the parking lot. The enclosure shall be built of materials matching the buildings. Staff is also recommending the applicant provide additional detail on the trash enclosure for Building "C". The Planning Commission directed the applicant to add additional landscaping along the west property line. The applicant complied with this request by revising the landscape plan and increasing the landscaping. This addition separates the patio area from the carwash and provides a more pleasant atmosphere. Offices and restaurants are permitted in this PUD. The only limitation is that no single user may occupy more than 5,000 square feet. In this case, three branches will occupy this building (mortgage, realty and title) for a total of 12,000 square feet while the retail portion occupies 3,000 square feet. Staff regards the project as a well designed development. The overall design is sensitive to the Highway 5 corridor's image. Based upon the foregoing, staff is recommending approval of the site plan with conditions outlined in the staff report. BACKGROUND On August 26, 2002, the Chanhassen City Council approved the final plat for Vasserman Ridge (Phase I), a portion of the site creating 22 lots including 20 twin -home lots and 2 single-family lots. The plat included ten lots in Block 1, twelve lots in Block 2, one lot in Block 3 (association park), one lot in Block 4 (commercial site) and three outlots. Outlots A through C were for entrance monuments and Outlot D was the remainder of the development to be platted at a future date. On July 28, 2003, the Chanhassen City Council approved a Planned Unit Development Amendment to expand standards for the commercial portion of Vasserman Ridge. The City Council also approved a site plan for the construction of a multi -tenant building with an area of 7,200 square feet. The building was never built and the applicant submitted a new building design and layout for the site. The current proposal is the commercial portion (Lot 1, Block 4, Vasserman Ridge) of the Planned Unit Development. GENERAL SITE PLAN/ARCHITECTURE Building "C" is proposed to house multi tenants with a total area of 15,000 square feet. The main material on the building is brick. Windows, doors and design articulation are shown on all four sides of the building. Century Plaza Building "CO • Planning Case No. 04-25 August 3, 2004 Page 4 The site is visible directly from Highway 5 and has full access from West 78`a Street. The site plan is reasonably well developed. The building is proposed to utilize two shades of brick as the main material. Accents are provided through the use of cement board panel, a staggered mofline, recessed walls, awnings, windows, and pronounced canopy at the entrance of the building (samples of the materials will be provided at the meeting). Parking for vehicles is located within the north portion of the site. The parking is screened by the building and the use of landscaping. COMPLIANCE TABLE Setback Required Minimum Proposed From Collector Street 50 feet 52.2 feet From Exterior Lot Lines 30 feet 38.7 feet Interior Public Right -of -Way 30 feet N/A Hard Surface Commercial 70% 57.7% Parking Setback if screening is provided 10 feet 5 feet* * The parking lot does not meet the required setback along the northeast corner. Staff attached a condition that the applicant revises the plans to maintain a minimum of 10 feet parking setback along the northeast corner. ARCHITECTURAL COMPLIANCE Size, Portion and Placement Entries: The building has a pronounced entrance. Articulation: The building incorporates adequate detail and has been designed very tastefully. The architectural style is unique to the building but will fit in with the surrounding area. The building will provide a variation in style through the use of brick, cement board panel, glass, and canopies. Glass is used for service doors giving the building an elegant look. None of the elevations appear as a service area. The building utilizes exterior materials that are durable and of high quality. Samples of the materials as well as a rendering will be available at the meeting. Lighting: A parking lot light plan is required. The plan should incorporate the light style and height. Signs: A detailed sign plan which includes the lighting method will also be required. Individual channeled letters with the option of back lighting are permitted. Century Plant Building "Ci • Planning Case No. 04-25 August 3, 2004 Page 5 Material and detail High quality materials - accent material may occupy up to 15 percent of the buildings facade. The building will utilize brick as the main material. Cement board panel is an accent material although it is permitted as a main building material. Rock face block is used along the lower portion of the buildings. Color The colors chosen for the building are earth tones. The selection is unique but blends in with the surrounding buildings. Height and Roof Design The building falls within the Highway 5 Corridor District which limits the height of the buildings to 3 stories or 40 feet. The building is proposed not to exceed 33.4 feet at the top of the pitched roof element. The roofline is staggered adding articulation to the design of the building. All roof top equipment must be screened from views. The ordinance requires a pitched element on buildings. This can be achieved through roof design or awnings. The building complies with this requirement. Facade Transparency All facades viewed by the public contain more than 50 percent windows and/or doors. Site Furnishing The applicant has provided an outdoor seating area for the retail space as well as benches and a planter for the office space. Loading Areas, Refuse Areas, etc. The applicant is proposing to utilize the main entry doors for service purposes. The trash enclosure is located along the west portion of the parking lot. Recycling space and other solid waste collection space should be contained within the same enclosure. Landscaping The site is fairly level. The landscaping plan will provide a variety of plant materials that are massed where possible. The berms and landscaping materials will be continuous along the north and south perimeters of the site. The plant materials are repetitious in some locations and Century Plaza Building "C• • Planning Case No. 04-25 August 3, 2004 Page 6 variable in others. A curb is required along the perimeter of the green space area. All planting areas are adequate in size to allow trees to grow. Lot Frontage and Parking Location The site is located within the Highway 5 Corridor District. The ordinance allows one row of parking within the required front yard. The plans show all parking located north of the building and as far as possible from Highway 5. The applicant has made an effort to screen the parking from West 78`" Street. RESTRICTION ON MATERIALS Another issue associated with this site is a restriction on type of materials used on the buildings. They are as follows: Building Materials and Design NO) 31310 Tel 1. All materials shall be of high quality and durable. Brick shall be used as the principal material and must be approved to assure uniformity with the residential uses. 2. Metal standing seam siding will not be approved except as support material to one of the above materials. 3. All accessory structures shall be designed to be compatible with the primary structure. 4. All roof -mounted equipment shall be screened by pitched roofs. Wood screen fences are prohibited. Screening shall consist of compatible materials. 5. All buildings on the commercial site shall have a pitched roof line. 6. All mechanical equipment shall be screened with material compatible to the building. The applicant is utilizing brick as the main material on the building. A rock face sill band appears below the windows. This is in keeping with the intent of the PUD agreement. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; Century Plaza Building "CO • Planning Case No. 04-25 August 3, 2004 Page 7 (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; In. The amount and location of open space and landscaping; C. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the City's Highway 5 corridor design requirements, the comprehensive plan, the zoning ordinance, the design standards, and the site plan review requirements. The site design is compatible with the surrounding developments. It is functional and harmonious with the approved development for this area. Staff regards the project as a reasonable use of the land. The overall design is sensitive to the Highway 5 corridor's image. Based upon the foregoing, staff is recommending approval of the site plan with conditions outlined in the staff report. GRADING, DRAINAGE & EROSION CONTROL The site was previously rough graded as part of the Vasserman Ridge and Arboretum Shopping Center developments. The current plans show a building with a proposed finished floor elevation of 979.5. The site is designed to drain away from the building to proposed catch basins. These catch basins will connect to an existing storm sewer system which drains to an existing regional pond just east of the parcel. The regional pond has been previously sized to Century Plaza Building "C• • Planning Case No. 04-25 August 3, 2004 Page 8 accommodate drainage from this site. No additional ponding improvements are necessary. Storm sewer sizing calculations have been submitted for staff review and only minor changes are needed prior to building permit approval. Berms are proposed on the north side of the site along West 78`s Street. Staff is recommending that a 15-foot wide clear zone be maintained in back of the curb along West 78th Street for snow storage and sight distance. The slope within the clear zone will be limited to a maximum of 2%. Likewise, on the east corner of the private driveway's intersection with West 78`" Street, the proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. The sight triangle can be found by measuring back 60-feet on each curb line from the intersected street. A retaining wall, ranging in height from 1- to 8-feet, is proposed along the east side of the site. Due to its height, this wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Silt fence and a rock construction entrance have been shown on the plans. Erosion control blanket must be installed on all slopes greater than or equal to 3:1. All exposed soil areas must have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. Other Agencies The applicant should apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. Century Plaza Building "CO • Planning Case No. 04-25 August 3, 2004 Page 9 Municipal sanitary sewer and water is available to the site from the existing private drive on the northwesterly side. The applicant is proposing to connect to existing sewer and water stubs and extend private services to the proposed building. The underlying property has been previously assessed for sewer, water and street improvements and those assessments have been paid. However, the sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. The applicant is responsible for obtaining permits from the appropriate regulatory agency including, but not limited to the: Riley -Purgatory -Bluff Creek Watershed District, MnDOT, and the MPCA. STREETS/ACCESS No public streets are proposed with this project. Full site access will be gained through the existing private driveway on the northwesterly side of the site. The private drive then connects with West 78`h Street on the north side of the parcel. The applicant should be aware that the required width of parking stalls per City Code is 9-feet. The plans must be revised to comply with the parking stall width. Pedestrian access is provided via a sidewalk connecting this site to the property to the west which connects to the trail system on Century Boulevard. Additionally, a pedestrian is proposed across West 78th Street at the entrance to the site. PARKING TABULATIONS The city's parking ordinance requires: • 4.5 parking space for each 1,000 square feet of office space. • One parking space for each 200 square feet of retail space. Based upon the above listed requirements, the office portion will require 54 spaces while the retail will require 15 spaces for a total of 69 parking spaces. The applicant is provided 71 spaces. LANDSCAPING Minimum requirements for landscaping include 2,651 sq. ft. of landscaped area around the parking lot, 11 trees for the parking lot, and bufferyard plantings along Highway 5 and W. 78th Street. The applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table: Century Plaza Building "CO • Planning Case No. 04-25 August 3, 2004 Page 10 Required Proposed Vehicular use landscape area 2,651 sq. ft. >2,651 s . ft. Treestlandscape area 11 canopy trees 911 canopy trees Highway 5 2 canopy trees -12 canopy bufferyard B — 200' 4 understory trees 7 understory 4 shrubs 12 shrubs West 78h St. 3 canopy tree 7 8 canopy trees bufferyard B — 250' 5 understory trees 10 understory 5 shrubs 4-5 37 shrubs Boulevard Trees — W. 78 St. 8 canopy trees 7 8canopy 1 r 30' Applicant does Piet meet minimum requirements for parking lot, bufferyard or boulevard tree plantings. Stag r-e- reni-meand-9- that- t ama-] -s f- of ureas be inereased in or -der ts mppt mini mufn ent.... shown in the table. Additionally, aeeeFding to ardi .anee par4iing lots shall l.e be planted along the street 49atages.- LIGHTING Lighting locations for the parking lot have not been illustrated on the plans. Only shielded fixtures are allowed and the applicant shall demonstrate that there is no more than V2 foot candles of light at the property line as required by ordinance. A detailed lighting plan should be submitted when building permits are requested. SIGNAGE The PUD Sign Standards states: Monument Signs 1. Lot 1 will have 1 monument sign, facing Highway 5. The height of the sign shall not exceed 5 feet with a maximum area of 24 square feet. 2. The base of the sign shall be built of materials similar to those used on the exterior of the buildings and complement their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. FINDING: The plans reflect two monument signs. The first is located along Highway 5 while the second one is shown facing West 78t6 Street. This second sign must be removed. Wall Mounted Signs Building "C" shall be permitted signage along the west and south elevations only. Century Plaza Building "Ce • Planning Case No. 04-25 August 3, 2004 Page 11 2. All signs require a separate permit. 3. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shall relate to color, size, materials, and heights. 4. Back -lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. 5. Only the name and logo of the business occupying the building will be permitted on the sign. FINDING: A sign band is shown on the elevations facing the parking lot and Highway 5. The sign locations are consistent with the concept established as part of the PUD. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. Staff recommends the Rimming Ceffiniiss City Council adopt the following motions: SITE PLAN REVIEW "The City Council approves site plan review (2004-25 SPR) for the construction of a multi -tenant building, Century Plaza Building "C", as shown in plans received July 2, 2004, and revised landscape plans dated received August 12, 2004, with the following conditions: 3. All roof top equipment shall be screened. 4. The trash enclosure shall be built with the same type of materials used on the buildings. 5. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. 6. Any off -site grading will require easements from the appropriate property owner. 7. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 8. Add the following City detail plates to the plans: 3101, 3104, 5201, 5214, 5232 and 5234. Century Plaza Building "Co • Planning Case No. 04-25 August 3, 2004 Page 12 9. On the Grading Plan: a. Show all storm sewer rims and invert elevations. b. Revise the FES invert elevation to match the pond NWL. c. Show the existing topography of the site along the east side, including the existing pond and the pond NWL and HWL. d. Show the retaining wall top and bottom elevations. 10. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. 11. Revise the sidewalk elevations off the northwesterly comer of the building to avoid draining stormwater toward the building. 12. The sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. 13. Revise the grading in the southwesterly corner of the site to show the correct 980 contour line. 14. Revise the width of the parking stalls to 9-feet wide, as per City Code. 15.On the utility plan: a. Show the existing and the proposed sanitary manholes rim and invert elevations. 16. A 15-foot wide clear zone must be maintained in back of the curb along West 78'" Street. 17. The proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. 18. Fire Marshal Conditions: a. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Excel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Copy enclosed. b. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1991. Copy enclosed. Century Plaza Building "Co • Planning Case No. 04-25 August 3, 2004 Page 13 c. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. d. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. f. The two fire hydrants shown on the plan will need to be relocated. Hydrant number one on the north end of the building is to be moved northwest to the parking lot island and hydrant number two shown on the west side of the building can be eliminated and relocated on the island across from the main door. Contact the Chanhassen Fire Marshal for exact relocation. 19. Building Official conditions: a. The building is required to be protected by automatic fire extinguishing systems. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Retaining walls over 4 feet high require a building permit and the plans must be prepared by a licensed professional engineer. d. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. e. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 20. The applicant shall revise the plans to maintain a minimum of 10 feet parking setback along the northeast corner. 21. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days Century Plaza Building "CO • Planning Case No. 04-25 August 3, 2004 Page 14 These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 22. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed 23. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Department of Transportation, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 24. The monument sign facing West 78`s Street shall be removed. 25. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit." ATTACHMENTS 1. Findings of Fact. 2. Application and Notice of Public Hearing. 3. Design Standards for Vasserman Ridge. 4. Plans dated Received July 2, 2004. g:\plan\2004 planning rasest04-25 - century plaza lot c\site plan report pc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNFSOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Century Plaza Building "C" #04-25 SPR On August 3, 2004, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of CPV Development Co, LLC for site plan approval to construct a 15,000 square -foot multi -tenant building Century Plaza Lot "C": The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Planned Unit Development District. 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 4, Vasserman Ridge. 4. Section 20-110 Site Plan: a. 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. Is consistent with this division; c. Preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; d. 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. Creates a functional and harmonious design for structures and site features, with special attention to the following: r-I LJ 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. 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. 5. The planning report Site Plan Review #2004-25 dated August 3, 2004, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Site Plan Review Application. ADOPTED by the Chanhassen Planning Commission this 3'a day of August, 2004. CHANHASSEN PLANNING COMMISSION 13W Uli Sacchet, Chairman g:\plan\2004 planning cases\04-25 - century plaza lot 6 inding of fact.doc • CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 • CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION APPLICANT:_ c��i /�(q/pM�t O LLL OWNER: L..0 ADDRESS: Gov (t); ((ow 6ro6 k D ✓ ADDRESS: TELEPHONE (Day Time) 70- tI73-6 `�/� TELEPHONE: JUL 0 2 2004 PLANNING Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review x Notification Sign �/ 75- h Site Plan Review* A 6Sa X Escrow for Filing Fees/Attorney Cost** SSo$50 CUP/SPRNACNAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision* TOTAL FEE $ Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box" Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/z" X 11" reduced copy for each plan sheet. "Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT N LOCATION: LEGAL DESCRIPTION: LQt 11 l51_ o� Vass.w~ ,( e, a (�ive� Co✓N%a TOTAL ACREAGE: / y WETLANDS PRESENT: YES _� NO PRESENT ZONING: PU D REQUESTED ZONING: P c1 D PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that if development review cannot be completed within 60 days due to public hearing requirements and agency review, the city requires an automatic 60-day extension for development review. Development review shall be completedwithin120 days unless additional review extensions are approved by the applicant. Signature o pplicant 1 Date Ignaturtf of Fe Owner Date Application Received on 7 0 Fee Paid A S %S cO_ Receipt No. -77 SS % The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. GAplanVorms0evelopment Review Application.DOC PROJECT N LOCATION: LEGAL DES, TOTAL ACREAGE: WETLANDS PRESENT: YES �_ NO PRESENT ZONING: PuD REQUESTED ZONING: t?Ll L) PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that 9 development review cannot be completed within 60 days due to public hearing requirements and agency review, the city requires an automatic 60-day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. u oux -eV ure o pplicant � „t, JA of Feb Owner Application Received on LLC 7,/—p'/ Date ate co Fee Paid g �� Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. G1planVorms0evelopment Review Application.DOC NOTICE OF PUBLIC HEARING PLANNING CASE NO.04-25 CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 3, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for site plan approval to construct a 15,000 square -foot multi -tenant building on a 1.9-acre lot zoned PUD, located north of Highway 5, south of West 78`s Street, and east of Century Boulevard — Century Plaza Lot "C". Applicant: CPV Development Co. LLC. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen Al-Jaff, Senior Planner Email: saljaff@ci.chanhassen.mn.us Phone: 952-227-1134 (Publish in the Chanhassen Villager on July 22, 2004) 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 July 22, 2004, 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 Planning Case No. 04-25 — Century Plaza Lot "C" 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. F�h- J. ::; Subscribed and sworn to before me this�i .clay of 2004. --A4�:� Notary blic �AAAA KIM T. MEUWISSEN L � Nolary Public - Minnesota CARVER COUNTY My Canmission Expires 1/312005 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 3, 2004 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for site plan approval to construct a 15,000 square - Proposal: foot multi -tenant building on a 1.9-acre lot zoned PUD — Century Plaza Lot "C". Planning File: 04-25 Applicant: CPV Development Co. LLC Property North of Highway 5, south of West 78th Street, and east of Location: Century Boulevard. A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about Questions & this project, please contact Sharmeen AI-Jaff at 952-227-1134 Comments: or e-mail Jaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommentlation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialfindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time, Tuesday,August 3, 2004 at 7:00 p.m. Location: City Hall Council Chambers 7700 Market Blvd. Request for site plan approval to construct a 15,000 square - Proposal: foot multi -tenant building on a 1.9-acre lot zoned PUD — Century Plaza Lot "C". Planning File: 04-25 Applicant: CPV Development Co. LLC Property North of Highway 5, south of West 78th Street, and east of Location: Century Boulevard. A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead• public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about Questions & this project, please contact Sharmeen AI-Jaff at 952-227-1134 Comments: or e-mail saliaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alter Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before me Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified o application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialfndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Stall person named on the notification. 0 Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of words, information and data located in various city, county, state and federal offices and other sources regarding the area shovm, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. H errs or discrepancies are found please contact 952-227-1107. The preceding discomer is provided pursuant to ATnnesota Statutes §466.03, Subd. 21 (21)(10), and the user of this map acknowledges that the Guy shall not be Have for any damages, and expressly waives all darts, and agrees to defend, indennify, and hdtl harmless the City from any and al pans brought by User, Its employees or agents, or third parties which arise out of fie users a¢ess or use of data provided. Disclaimer This map is neither a legally recorded map nor a survey and is rot intended to be used as one. This map is a connotation of records, information and data located in various city, county, state and federal offices and other swrces regardrp the area shown, and is to be used for reference purposes only. The City does not warant that the Geographic Infomnbon System (GIS) Data used to prepare this map are error free, and Me City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. H errs or discrepancies are found please contact 952-227-110T The preceding cwhwn r is provided Pursuant to Minnesota Statutes §466.03, Subd. 21 (2000). and the user of this map acknowledges that the City shall not be liable for any damages, and expnesay waives al darts, and agrees to defend, indenniy. and hdtl harmless this City from any and all claims brought by User, its employees or agents, or third pales which arise out of the users access or use of data provided. Public Hearing+ Notification Area Ma (500 feet) Century Plaza Lot C Lot 1, Block 4, Vasserman Ridge City of Chanhassen Planning Case No. 04-25 III I WN1 I Subject Site State Hwy 5 Arboretum H Street oulevard Ilm BRETT PETERSON 7677 CENTURY BLVD CHANHASSEN MN 55317-4415 JOYCE E NOON 7685 CENTURY BLVD CHANHASSEN MN 55317-4415 CHRISTOPHER A RASMUSSEN & NICOLE L RASMUSSEN 7681 CENTURY BLVD CHANHASSEN MN 55317-4415 KIMAN & JUNG JOO 7693 CENTURY BLVD CHANHASSEN MN 55317-4415 PULTE HOMES OF MINNESOTA LUNDGREN BROS CONSTRUCTION CORP 935 WAYZATA BLVD E 815 NORTHWEST PKY WAYZATA MN 55391-1899 SUITE 140 EAGAN MN 55121-1580 JACQUELYN R LARSON 7673 CENTURY BLVD CHANHASSEN MN 55317-4415 LESLIE E JOHNSON 7689 CENTURY BLVD CHANHASSEN MN 55317-4415 STEVEN SLOWEY 2505 BURLEIGH ST YANKTON SD 57078-1898 WYLS, LLC RICH SLAGLE CRAIG ALSHOUSE PO BOX 113 7411 FAWN HILL ROAD CPV DEVELOPMENT CO LLC YANKTON SD 57078-0113 CHANHASSEN MN 55317 1300 WILLOWBROOK DR WAYZAYA MN 55391 EXHIBIT C VASSERMAN RIDGE PUD DEVELOPMENT STANDARDS a. Intent The purpose of this zone is to create a PUD neighborhood commercial/mixed density - housing zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. A specific lighting and sign plan shall be submitted prior to final plat. b. Permitted Uses The permitted uses within the neighborhood commercial zone should be limited to appropriate commercial and service uses consistent with the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on this outlot shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Such uses may include small to medium sized restaurant (no drive -thin windows), office, day care, neighborhood scale commercial, convenience store, churches, or other similar type and scale uses as described in the Comprehensive Plan. No single use shall exceed 5,000 square feet. c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right -of -Way 30 feet 60 feet Hard Surface Commercial 70% Not available at this time Parking Setback if screening is provided 10 feet 10 feet d. Building Materials and Design 1. All materials shall be of high quality and durable. Brick shall be used as the principal material and must be approved to assure uniformity with the residential uses. 2. Metal standing seam siding will not be approved except as support material to one of the above materials. 3. All accessory structures shall be designed to be compatible with the primary structure. 4. All roof -mounted equipment shall be screened by pitched roofs. Wood screen fences are prohibited. Screening shall consist of compatible materials. 5. All buildings on the commercial site shall have a pitched roof line. 6. All mechanical equipment shall be screened with material compatible to the building. e. Sign Criteria Monument Sign 1. Lot 1 will have 1 monument sign, facing Highway 5. The height of the sign shall not exceed 5 feet with a maximum area of 24 square feet. 2. The base of the sign shall be built of materials similar to those used on the exterior of the buildings and complement their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. Wall Mounted Signs 1. Building "C" shall be permitted signage along the west and south elevations only. 2. All signs require a separate permit. 3. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shall relate to color, size, materials, and heights. 4. Back -lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. 5. Only the name and logo of the business occupying the building will be permitted on the sign. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. gAplan\2004 planning cnes\04-25 - century plaza lot Oexlubit c.doc 0 |!!Id / | / Q I > Z I » e e m 2 § Z Z m 2 O _ � _ C) m z �i � � � 4� ! b/Ra / IMZ njm \ • . %i\ , / ! 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J,b, E Enrksnn q, IU 19 �`W I� jW Iwf FLOOR PLAN A2.1 e -1 PARTIAL FRONT ELEVATION - S/8'. lb' - OWTm FRONT ELEVATION GAP,REAR ELEVATION a END ELEVATION OPT -A CENTURY PLAZA LOT "C" MWYS •CEMWAW CHANHASSEN, MN M-r•. oeasc H IMF �. Bonn [. bkMenn 1v �199 MWv+- W 1Y •.y,a� �..pns YNYrIN4,u rN.aWM,�a �. 9-42fa-- EXTERIOR ELEVATIONS A5.1 ifertkl fgi� s i as i gS tr ! 1 f,iIi it i era:, is , tg C NTU Y BL D. 6 _ =6t „riat`ar3goa: \ I r i / ► � i' I ! . ! 2 c— /// I� � [sell1.11 uu na, trii sr'IZ!$s3 R itt4€€a�ls$3i4;3��igk)' a ft ��! fig � I �� !;E `_ .' 'Ii ^ �f I� pl _• T ppri Pe R: rSe �S• 2 ! 1$ I I f R \ I / Ip I I:: I C I . r;r tit gi I �i f i f /I I I ! E f I• fg y --r-.-- --". f t f ^if I It f 2• • I _/ , ��• a p r I� mz,yr x,n � • a� / \ S III` I` l l i f\.. rr•r� Z � ! ��,\! j I \'t th Fi Ii11 Ih tit f I IIII I I / I 1 k III III a fllil 1I111 \�/ r/�_ lit If . F rrg r;r It itLe tt 2 k +, Itj g c'r^� E i fill II' L/ r6b% tlV f ev It 0 B, 49 l: I � m ®mg0tt come 88 99099 0 1 ,"■ e If ell log l i �l��ig6ps'�eBi l� lgMAIR- lli1��l,�� to a`llvt l�6 piie[ �� a a e la � lStli;6 � i$Ji, !1i ¢ t j4€ eiyaf �Et � ��a>i :.1, It ii3t0 ill E' a"i �.E 4ti : l Jill, a- Ital pitHill l 44 / / 1 1 1 1 I I 1 1 I I I I 1 1 I I 1 B Isiii s E ES TIT i i T. g oG g ` i c 1 n , � . t a , 10 $_ os a ' ■ ■■ ■ ■■ ■ a■s 9 9 B B 8 B B B i6 p ! :E A, I lgi (9i E E �E Ei� Ej dE d; 'E !Ill ; I P� �6i �i` d� i dii dii i' �i lid aE d3 ill if Ed i„ i; iE iEEf eEia ! €l d�" E}d ;E .Et'�, � 1' Nf 1 i t O f a `y !I 11 it I� i 1 i. jd .ii 3, d IE bE 7 �fOfft'i<iC 1 le i 1� Edj 69m E I • Eftf A C B EC 9 4. 8 1 46 _ � • yl\ e e d e l Tao e a was ee{e{ ee[e[ ee 4C ( p iyy ! Y lS��! I!lEiii� t i'�lt �'ltl dt Sa 3`�t !� E !F!!aEIQ S�i`f ;'t.j(��.Ep� ! . �. • ! it �t�'��;Sio !' st!(9��1� � • ; Et i 1� il�lxy.�� It it E q t ft lr► cam t, - z ! w �o ��{�� Aa'� �fJFlf • � 41 ki ILI lot?Wk [tit t # m it m z 400 rill[ I Jill �n I[ .z �; IE• i x � f1 YY C Hm 11 It it t e-i it Mlle e U1011 Jill A U IMS zmm—$—e�-: It l q t +a f!' { OMam f 1 y G p=P 1 CITY OF CHANHAREN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 LETTER OAANSMITTAL DATE JOB NO. 10/12/04 2004-25 ATTENTION Sue Nelson RE: Document Recording WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter ® ❑ ❑ Attached ❑ Under separate cover via the following items: Prints ❑ Plans ❑ Samples ❑ Specifications Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/23/04 04-25 Site Plan Permit #2004-25 (Century Plaza Building "C") - Lot 1, Block 4, Vasserman Ridge THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Craig Alshouse�� SIGNED: Kim Meuwissen, (952) 227-1107 if enclosures are not as noted, kindly notify us at once. l.Ji1V 1 Un 1 ri-t Lt1 DU1LU11NU %_ SPECIAL PROVISIONS AGREEMENT dated August 23, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Alshouse Properties, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for the construction of a 15,000 square -foot multi -tenant building (referred to in this Permit as the "project'). The land is legally described as Lot 1, Block 4, Vasserman Ridge. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: Century Plaza Lot "C" Cover Sheet, dated received July 2, 2004, prepared by DSGW Architects. Plan B: Landscape Plan dated received July 2, 2004, prepared by DSGW Architects. Plan C: Site Plan, dated received July 2, 2004, prepared by DSGW Architects. Plan D: Floor Plan & Building Section, dated received July 2, 2004, prepared by DSGW Architects. Platt E: Exterior Elevations, dated received July 2, 2004, prepared by DSGW Architects. 1 Plan F: Topgraphic Survey, dated Received July 2, 2004, prepared by BKBM Engineers. Plan G: Grading, Drainage and Erosion Control Plan, dated Received July 2, 2004, prepared by BKBM Engineers. Plan H: Utility Plan dated Received July 2, 2004, prepared by BKBM Engineers. Plan I: Geometric Plan and Paving Plan dated Received July 2, 2004, prepared by BKBM Engineers. Plan J: Civil Details dated Received July 2, 2004, prepared by BKBM Engineers. Plan K: Civil Details dated Received July 2, 2004, prepared by BKBM Engineers. Plan L: Civil Details dated Received July 2, 2004, prepared by BKBM Engineers. Plan M: Storm Water Pllution Prevention Plan dated Received July 2, 2004, prepared by BKBM Engineers. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $ 36,300 (Landscaping and Erosion Control). This amount has been calculated at a rate of 110% of the actual value of improvement and has been furnished with the Development Contract. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Craig Alshouse Alshouse Properties, LLC 1300 Willowbrook Drive Wayzata, MN 55391 (763)473-6414 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Pj Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. On August 23, 2004, the City Council adopted the following motions: "The City Council approves site plan review (2004-25 SPR) for the construction of a multi -tenant building, Century Plaza Building "C", as shown in plans received July 2, 2004, and revised landscape plans dated received August 12, 2004, with the following conditions: a. All roof top equipment shall be screened b. The trash enclosure shall be built with the same type of materials used on the buildings. c. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. d. Any off -site grading will require easements from the appropriate property owner. e. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. f. Add the following City detail plates to the plans: 3101, 3104, 5201, 5214, 5232 and 5234. g. On the Grading Plan: 1. Show all storm sewer rims and invert elevations. 2. Revise the FES invert elevation to match the pond NWL. 3. Show the existing topography of the site along the east side, including the existing pond and the pond NWL and HWL. 4. Show the retaining wall top and bottom elevations. h. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. i. Revise the sidewalk elevations off the northwesterly corner of the building to avoid draining stormwater toward the building. The sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. k. Revise the grading in the southwesterly corner of the site to show the correct 980 contour line. 1. Revise the width of the parking stalls to 9-feet wide, as per City Code. m. On the utility plan: 1. Show the existing and the proposed sanitary manholes rim and invert elevations. n. A 15-foot wide clear zone must be maintained in back of the curb along West 78`" Street. o. The proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. p. Fire Marshal Conditions: 1. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Excel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Copy enclosed. 2. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1991. Copy enclosed. 3. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. 4. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. 5. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. 6. The two fire hydrants shown on the plan will need to be relocated. Hydrant number one on the north end of the building is to be moved northwest to the parking lot island and hydrant number two shown on the west side of the building can be eliminated and relocated on the island across from the main door. Contact the Chanhassen Fire Marshal for exact relocation. q. Building Official conditions: 1. The building is required to be protected by automatic fire extinguishing systems. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Retaining walls over 4 feet high require a building permit and the plans must be - prepared by a licensed professional engineer. Ell 4. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. 5. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. r. The applicant shall revise the plans to maintain a minimum of 10 feet parking setback along the northeast comer. s. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: jyM of Slope Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary.or permanent drainage ditch or other natural or man made systems that discharge to a surface water. t. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. u. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Department of Transportation, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. v. The monument sign facing West 78tb Street shall be removed. w. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit." & General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. CITY OF CHANHASSEN (SEAL) Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 'Ilay of �Chanhas2004, by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of sen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ,AAAA&fAAAApnAAAAAAAA� KAREN a. ENGELHARDT TAR UBLIC 11 MNOr Public -Minnesota sion Expuas t13if1�5WVVWVVVVVV� STATE OF MINNESOTA ) (ss COUNTY OF DEVELOPER: Atshouse,��+t�� l LL BY:ot� Its a �4Wd-oarOi The foregoing instrument was acknowledged before me this I Z41Hay of C -lE,i>oy- 9 NOTARY P KIM T. MELIMSSEN Al- .. CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this x 4 day of ri , 2004 STATE OF MINNESOTA ) (ss COUNTY OF l(1 The foregoing instrument was acknowledged before me this 31! day of 2004 by ERIN E. BYBOTH 0V0MMY PUBLIC - MINNESOTA Comm. Exp. Jan. 31, was NOTAY PUBLIC City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 CITY OF CHANHASSEN SITE PLAN PERMIT II: GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the site plan has been recorded with the County Recorder's Office of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan G, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with 8 f the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attomeys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C9 ° C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 10 t 9 0 F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recordine. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I Construction Hours. The normal construction hours under this contract shall be from 7:00 am. to 7:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. 11 K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if 12 0 any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 9:\Plan\2004 planning cases\04-25 - century plaza lot c\site plan agreement.doc 13 • Status Report 9/30105 plan.OR2 JW 2000.__.. :2 M T W T F- T W T F .. 1 .3...4...5 ...B...y. .�...8...9..i0.11 C...s....g...�_.g. 10 11 12 13 14 1d i5 i8 11 1# 11'12 19 U"19 'e' 14`2o zT zf 22" 29" zd "zB 1e'"14_io O-M Zs 25 26 zY28 2e29 30 31._... 25'�C_$1_'m.•29 51........................ ..............._........... ..".........._............. Securities 9/30/05 1M30105 P LC#1024expires; I1130/05- Century Plata Building "C" Site Pfau Permit No. 2004-25 Lot 1, Block 4, Vasserman Ridge $36,300 Erosion Control & Landscaping *LC automatically [mews for successive me -year terms on November 30. Notify Sbarmeen Al -Taff Omoal Drmlopny,p Wz htiooi,w s-shun P=P," P.as1 The ' RECEIVED Business B k SEP 2 7 2004 ..............CITY OF CHANHASSEN AMOUNT:,$36,300.00 U.S. Funds: Minnetonka, MN September 24, 2004 M"VOCABLE COMMERCIAL STANDBY LETTER OF CREDIT NO. 1024 Date: September 24, 2004 To: City of Chanhassen Attn: Ms. Sharmeen AI-Jaff 7700 Market Boulevard, Box 147 Chanhassen, MN 55317 Re: Account Party: Alshouse Properties, LLC Re: Construction of a 15,000 square -foot multi tenant building located at Lot 1, Block 4, Vasserman Ridge (the "Project") The Business Bank hereby issues to The City of Chanhassen its Irrevocable Commercial Standby Letter of Credit # 1024 drawable upon The Business Bank from time to time hereafter for up to an aggregate amount of $36,300.00.00 USD (Thirty Six Thousand Three Hundred and no/100 U.S. Dollars) for the account of Alshouse Properties, LLC. Funds under this Letter of Credit are available to you against one or more sight drafts drawn on us stating on their face, "Drawn under Letter of Credit No. 1024 dated September 24, 2004 issued by The Business Bank" accompanied by the following documents: 1. A certificate signed by the Mayor or City Manager of the City of Chanhassen stating: (i) "We are drawing against Standby Letter of Credit No. 1024 as Alshouse Properties, LLC has failed to complete the Grading and/or the Erosion Control improvements as required by the terms of the Site Plan Permit #2004-25, . Century Plaza Building "C", Special Provisions dated August 23, 2004 between the City of Chanhassen and Alshouse Properties, LLC regarding Landscaping and Erosion Control. The City is entitled to the unreleased portion of this Standby Letter of Credit to be used to complete said improvements, (ii) provide the Bank with a written letter on The City of 11100 Wayzata Boulevard, Suite 150 • Minnetonka, MN 55305-5530. (952) 847.1100 • Fax (952) 847.9016 Chanbassen letterhead stating what the default(s) is/are, (iii) written verification that at least 15 days have passed in which Alshouse Properties, LLC has failed to cure such default(s), and (iv) amounts drawn will be used by The City of Chanhassen for those purposes. 2. A fully executed copy of the City of Chanhassen Site Plan Permit #2004-25, Century Plaza Building "C" Agreement including all appropriate Exhibits dated August 24, 2004 by and between the City of Chanhassen and Alshouse Properties, LLC. 3. This original Letter of Credit for endorsement, reflecting the amount drawn, after which, if not for the full amount, will be returned to The Business Bank. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal -date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit #1024. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. Presentation of such drafts and certificates shall be made at the counters of The Business Bank by no later than 2:00 P.M. on or before November 30, 2005. This Letter of Credit sets forth in full our full understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. Each drawing honored by the Bank hereunder shall further reduce the amount available under the Letter of Credit. This is not a Notation letter of Credit. More than one draw may be made under this Letter of Credit. Documents to be directed to The Business Bank, 11100 Wayzata Boulevard, Suite 150, Minnetonka, MN 55305. This Letter of Credit shall be governed by the laws of the State of Minnesota and supplemented (to the extent consistent with this Letter of Credit) by the most recent revision of the Uniform Customs and Practices for Documentary Credits (1993 revision) International Chamber of Commerce Publication No. 500. We hereby engage with drawers and/or bona fide holders that a draft drawn and negotiated in conformity with the terms of this Letter of Credit will be duly honored upon presentation. The Business Bank is not to be called upon to resolve issues of law or fact between Aishouse Properties, LLC and the City of Chanhassen, MN. THE BUSINESS BANK ByAkl a Its: Senior Vice President M City Council Meeting Ougust 23, 2004 • oL4-z`5 Linda & Colin Rust 8017 Cheyenne Spur Charles Thiss 4090 Greenwood Circle Mitch Anderson 2853 Timberview Trail, Chaska Al Klingelhutz 8600 Great Plains Boulevard Gail Degler 1630 Lyman Boulevard Bob Generous presented the staff update and recommended approval of resolution number 3. Councilman Ayotte asked about the impact at the county and state level. Mayor Furlong asked for clarification on the types of services provided to the properties in the rural service district and the task force recommendations. He then opened the public hearing. Gail Degler, 1630 Lyman Boulevard speaking as a member of the task force, provided background information on why the rural service district was originally established and recommended that the City Council go along with the task force recommendation and call the task force back on a yearly basis to update the parcels. Al Klingelhutz, 8600 Great Plains Boulevard, also a member of the task force spoke in support for keeping the rural service district. Mayor Furlong closed the public hearing. Councilman Lundquist asked for clarification on what staff was recommending. Councilman Peterson thanked Mr. Degler and Mr. Klingelhutz for providing historical background on the rural service district but questioned it's validity today. Councilman Ayotte stated he would like to see the district remain until 212 is built. Councilman Lundquist stated essentially his feeling was it comes down to a matter of is it worth the staff time and effort and all the other taxpayer money versus just taking the developed parcels out. Mayor Furlong expressed his opinion that if the decision of this council tonight is not to eliminate the district in it's entirety, he would hope that future councils would not spend any time on it because it isn't economically worth anything to the taxpayers involved, staff, or the council. Resolution #2004-61: Councilman Lundquist moved, Councilman Ayotte seconded to approve resolution number 2 adopting the modified list of properties in the rural service district prepared by staff based on the exclusion of properties with sewer and water available. All voted in favor, except Councilman Peterson who opposed and the motion carried with a vote of 3 to 1. SITE PLAN REVIEW FOR A NEIGHBORHOOD COMMERCIAL/OFFICE Kate Aanenson provided the staff update and Planning Commission recommendation on this item. Steve Lanak, DSGW Architects, stated he did the master planning and architectural design for the building that's under construction now and this proposed building. Craig Alshouse, the developer and Lori Day, manager of the Chanhassen Edina Realty were also present. The City Council had no questions or comments on this item. Councilman Lundquist moved, Councilman Peterson seconded that the City Council approve site plan review (2004-25 SPR) for the construction of a multi - tenant building, Century Plaza Building "C" as shown in the plans received July 2, i • City Council Meeting ougust 23, 2004 2004, and revised landscape plans dated received August 12, 2004, subject to the following conditions: 1. All roof top equipment shall be screened. 2. The trash enclosure shall be built with the same type of materials used on the buildings. 3. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. 4. Any off -site grading will require easements from the appropriate property owner. 5. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 6. Add the following City detail plates to the plans: 3101, 3104, 5201, 5214, 5232 and 5234. 7. On the Grading Plan: a. Show all storm sewer rims and invert elevations. b. Revise the FES invert elevation to match the pond NWL. c. Show the existing topography of the site along the east side, including the existing pond and the pond NWL and HWL. d. Show the retaining wall top and bottom elevations 8. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. 9. Revise the sidewalk elevations off the northwesterly corner of the building to avoid draining stormwater toward the building. 10. The sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. 11. Revise the grading in the southwesterly corner of the site to show the correct 980 contour line. 12. Revise the width of the parking stalls to 9-feet wide, as per City Code. 13. On the utility plan: a. Show the existing and the proposed sanitary manholes rim and invert n J • City Council Meeting ougust 23, 2004 elevations. 14. A 15-foot wide clear zone must be maintained in back of the curb along West 78`s Street. 15. The proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. 16. Fire Marshal Conditions: a. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Excel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Copy enclosed. b. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1991. Copy enclosed. c. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. d. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. f. The two fire hydrants shown on the plan will need to be relocated. Hydrant number one on the north end of the building is to be moved northwest to the parking lot island and hydrant number two shown on the west side of the building can be eliminated and relocated on the island across from the main door. Contact the Chanhassen Fire Marshal for exact relocation. 17. Building Official conditions: a. The building is required to be protected by automatic fire extinguishing systems. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Retaining walls over 4 feet high require a building permit and the plans must be prepared by a licensed professional engineer. 5 City Council Meeting Agust 23, 2004 & 6 4_ Z5 concerned about these residents that are involved with this rural service area and for that reason I don't think we should summarily delete, get rid of the district at this point. We can look at that down the road because we do have time. 212 isn't here yet. Mayor Furlong: Any thoughts? Other thoughts? Comments? If there is none, is there a motion? We've got I guess 3 options in front of us. To summarize we could accept the task force recommendation. Accept their recommendation and modify it with the addition of properties first recommended by staff or as staff is recommending this evening is a resolution just deleting all properties or eliminating the program. Councilman Peterson: Mr. Mayor I'd move that we adopt the resolution deleting all properties from the residential service district, so Option 3. Mayor Furlong: Okay, thank you. Is there a second? Hearing none, that motion will die for lack of a second. Is there another motion? Councilman Ayotte: I'll give it a shot. I so move to adopt the rural service task force recommended that the properties in the rural service district, Option number 1. Mayor Furlong: Thank you. Is there a second? That motion dies for lack of a second. Councilman Ayotte: Well how about a friendly amendment of some sort? Mayor Furlong: How about a motion for number 2? Councilman Lundquist: I would move that we approve staff motion number 2. Mayor Furlong: Thank you. Is there a second? Councilman Ayotte: Second. Mayor Furlong: Thank you. Made and seconded. Is there any discussion on that? Resolution #2004-61: Councilman Lundquist moved, Councilman Ayotte seconded to approve resolution number 2 adopting the modified list of properties in the rural service district prepared by staff based on the exclusion of properties with sewer and water available. All voted in favor, except Councilman Peterson who opposed and the motion carried with a vote of 3 to 1. DEVELOPMENT CO: CRAIG ALSHOUSE. Kate Aanenson: Thank you. The application before you tonight is for site plan review and an amendment to allow an office building in a PUD park. The proposed office building is 12,000 square feet. Back in July of 2003 the City Council approved a project 17 City Council Meeting Oigust 23, 2004 0 that at that time was under one ownership and I just want to review this. There's been some concerns that the Planning Commission had. Under one ownership this part of the project is under construction right now. This is Century Boulevard... access point coming in. The gas station ... car wash and then a strip center. That is under construction to date. This property was a separate ownership. Actually Lundgren Brothers who was doing the Vasserman Ridge, had that piece of property. The applicant back then a year ago had proposed two restaurants on the site. They were unable to close on that property and so it was back out on the market so the application you have today refers to this specific project. The Planning Commission had some concerns about a crosswalk and when this project came through, the recommendation for a crosswalk was at Century Boulevard. There was a request to put a sidewalk but there wasn't unanimous consensus on and as that moved forward to the City Council, the planning staff had recommended against it at the mid -block location and as it went to the City Council the city engineer at the time, different city engineer at the time, had recommended that that go through. There isn't a signal there and a mid -walk crossing is sometimes dangerous. At that time it was approved. It is under construction so when this project came forward the Planning Commission wanted to revisit that issue but it's really on the other side of the project and that crosswalk, though it may not be paved, the median dip is in place and it's all striped so that's, those are the other sides so it wasn't a part of this discussion. The staff spent a lot of time discussing the proposed amendments to the shape of the building. It's L shaped. Little bit larger. The two restaurants as proposed. While the parking configuration for a restaurant would be significantly greater, the office building would have a different parking demand. What we were concerned on, and the applicant's again, we're looking throughout the city to try and office space. They wanted to be at this end of the city. This is part of Edina Realty and some of the services that they offered. The Planning Commission struggled a little bit in looking at well you have 3 uses in one building, how that works out. We also wanted to see some retail so they did leave 3,000 square feet out for retail. The other concern that we had is as the center came in, it was one unit architecturally and as they proposed the development they matched, if you go out there today to see the existing, this building will mimic the other buildings that are out there so it looks like one unified center, which again was our goal. Again the Planning Commission was concerned because originally restaurants were going in. We wanted some of that synergy with the hotel... trying to find a location that met their needs and this site became available. We did spend a lot of time discussing whether or not amending but this specific PUD seemed appropriate. But in working through the design, I think we got all of our issues resolved and it's specifically that they added the retail component to it too. Again the Planning Commission was concerned about the fact that there is one entrance but 3 separate uses because that was part of our issue too. All in one but there are 3 different uses going on within that, not just the realty itself. So with that they did increase the... There was another condition that went back to the Planning Commission with tying this sidewalk in. Whether or not we amend the sidewalk. We didn't want to encourage anybody walking through the car wash across that way. We believe there's adequate circulation around the entire site. That was the staffs opinion. So with that, this did go to the Planning Commission on August P. The Planning Commission did recommend 3 to 1. Again their one concern was specific to some of the IE City Council Meeting Agust 23, 2004 • points that I brought out regarding the uses, but with that we are recommending approval and I'd be happy to answer any questions that you may have. Mayor Furlong: Thank you. Questions for staff. Seeing none, is the applicant here this evening. Any issues you'd like to bring before the council? Steve Lanak: I'm Steve Lanak with DSGW Architects. We were the master planning the site and we were the architects for the building that we're speaking of that's construction now and also this building. Craig Alshouse is here with me. He's the developer of the property and Lori Day who's the manager of the Chanhassen office of Edina Realty. We're very pleased to be working on this project. Mr. Alshouse is a first class developer and is intending to build this for Edina Realty and also maintain it in his personal portfolio so he will be owning this building in addition to developing it. And we think it's just a very, very fine project. We're very proud to be part of it and as I say, architecturally we master plan the site and we feel very good about the incorporation of this Edina Realty building into our project. Mayor Furlong: Okay, thank you. Any questions for the applicant? Just for clarification, you're involved on both sites correct? You're working on the one that's under development right now as well as this one that's being proposed? Steve Lanak: Yes, we designed the current retail building that's under construction right now. Mayor Furlong: Okay, good. Thank you. Any other questions for staff? If not we'll bring it back to council for comments and discussion. Any thoughts? Seems fairly straight forward. Good design. The issue with the sidewalks, I think general concurrence, being concurrent with the majority of the Planning Commission as well as staff so, with that, where do our motions start? What page? Councilman Lundquist: Page 11. Mayor Furlong: Page 11 is our motion. Councilman Lundquist: I move that the City Council approve site plan review with conditions, revised landscape plans dated and received August 12, 2004 with conditions, what are we on now Kate? Mayor Furlong: 25. Councilman Lundquist: 1 through 25? Minus the ones that have been deleted. Mayor Furlong: In the staff report. Councilman Lundquist: 3 through 25 in the staff report? 19 City Council Meeting Agust 23, 2004 • Mayor Furlong: Does that sound right? Okay, motion's been made and seconded. Or it has not been seconded. Is there a second? Councilman Peterson: Second. Mayor Furlong: Second's been made. Is there any discussion? Hearing none, proceed with the vote. Councilman Lundquist moved, Councilman Peterson seconded that the City Council approve site plan review (2004-25 SPR) for the construction of a multi - tenant building, Century Plaza Building "C" as shown in the plans received July 2, 2004, and revised landscape plans dated received August 12, 2004, subject to the following conditions: 1. All roof top equipment shall be screened. 2. The trash enclosure shall be built with the same type of materials used on the buildings. 3. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. 4. Any off -site grading will require easements from the appropriate property owner. 5. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 6. Add the following City detail plates to the plans: 3101, 3104, 5201, 5214, 5232 and 5234. 7. On the Grading Plan: a. Show all storm sewer rims and invert elevations. b. Revise the FES invert elevation to match the pond NWL. c. Show the existing topography of the site along the east side, including the existing pond and the pond NWL and HWL. d. Show the retaining wall top and bottom elevations 8. The retaining wall must be designed by a registered structural engineer and a permit from the Building Department must be obtained for its construction. An approved safety fence will also be required along the top of the wall. 9. Revise the sidewalk elevations off the northwesterly comer of the building to avoid draining stormwater toward the building. 10. The sanitary sewer and water hookup charges will be applicable for the lot. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. 20 City Council Meeting gust 23, 2004 • Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance and are based on the number of SAC units for the new building addition. 11. Revise the grading in the southwesterly corner of the site to show the correct 980 contour line. 12. Revise the width of the parking stalls to 9-feet wide, as per City Code. 13.On the utility plan: a. Show the existing and the proposed sanitary manholes rim and invert elevations. 14. A 15-foot wide clear zone must be maintained in back of the curb along West 78'" Street. 15. The proposed berm's slope must not exceed 2% within the 60-foot sight triangle of the intersection. 16. Fire Marshal Conditions: a. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Excel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Copy enclosed. b. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1991. Copy enclosed. c. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. d. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. f. The two fire hydrants shown on the plan will need to be relocated. Hydrant number one on the north end of the building is to be moved northwest to the parking lot island and hydrant number two shown on the west side of the building 21 City Council Meeting *gust 23, 2004 • can be eliminated and relocated on the island across from the main door. Contact the Chanhassen Fire Marshal for exact relocation. 17. Building Official conditions: a. The building is required to be protected by automatic fire extinguishing systems. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Retaining walls over 4 feet high require a building permit and the plans must be prepared by a licensed professional engineer. d. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. e. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 18. The applicant shall revise the plans to maintain a minimum of 10 feet parking setback along the northeast comer. 19. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: TyM of Slope Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 20. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed 21. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Department of Transportation, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 22. The monument sign facing West 78"' Street shall be removed. Pk? City Council Meeting Oigust 23, 2004 • 23. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit." All voted in favor and the motion carried unanimously with a vote of 4 to 0. CONSENT AGENDA ITEM 1(H). FRONTIER SECOND ADDITION: Mayor Furlong: At this time we'll move to item number 1(h) which was asked to be removed from the consent agenda for separate discussion. At this point, is it Mr. Hitchcock? Would you like to, I'm sorry. Andrew Hiscox: Frontier 2 is, well you guys know, it's a development that's an extension of an existing Frontier 1 I guess you call it. I got notified of this last Friday because I guess the mailings go out to 500 feet within the you know, the distance from the property and it turns out that I'm probably 510 feet away. I live next door to the Frontier Trail association which is adjacent to this property as well. In '94 there was a surface water management program adopted by the city. In '96 Frontier 1 was approved. Recommended approved and what was interesting was that they, according to Bonestroo, is that the name of the consultant? The City approved the development and let them develop the property where the holding ponds for those SWMP would have been, which is kind of interesting. It's like, how could that have happened, but it did. In fact there's a report from the consultant's Bonestroo to Lori Haak, and I'll read it to you real quick. During examination it became apparent that the development of Frontier was constructed after the preparation of the SWMP and the location of the two cells that were to be located the furthest upstream. The conflicts posed by these homes and associated utilities will not allow construction of the two upstream cells as proposed in the SWMP. So we missed an opportunity there but you know it's happened. It's history and that's the way it goes. What's interesting is after that, well I guess the first question is why would that have happened and do we want to dwell on that or not. I guess probably not. When they did approve the Frontier 1, they said the only water treatment that was necessary, or storm water improvements was a driveway culvert. So they let them build houses where the ponds are supposed to be for water treatment. They then said you only need a culvert to treat the water, and that in the very near future, by the way the developer was Ted Delancey. He did contribute money to the SWMP budget in lieu of putting ponds in, which was recommended by staff. Then they stated that in the very near future the city will be proposing a storm water quantity/quality pond downstream from this development. That was 8 years ago. Still hasn't been done. Since Frontier 1 went in, I live next door to the property. I've lived there 15 years. The amount of runoff has probably quadrupled. Mainly in my opinion from the type of houses they built and the way they built them. They're flat roofed. There's a lot of flat surfaces. The water then bounces into the creek and literally in a storm, like the storm that happened Memorial Day this year, we had 3 foot, 3 foot by 16 feet of water running to the creek into the lake. 23 I -SUM ucc I-AMIM 00 1 4,- I-JTL ENCHMARK* I -WA T LEV=976.5 EET — T JJ 1 Tf 9>e> K '75TH STREET \ > i B-JTL I SOD S I-AMM - r a -AMM Imo. V s-Jn SOD ��5_.0 c77 — ,yamR ` 5 Bl i -- n II-sno \ PLANT 50HEDULE 3-BMJ 3-LPS _ KEY QTY BOTANICAL/COMMON NAME SIZE R00 REMARKS s> s 13-SDO 5 7-DNIE ^ 'ISro,101I \ + s 8� �� o - \ I ate 9�8 � 9� 65L 9 ISREENSPIRE LINDEMM11a cordate re' 2.50 B/B \ "1 SUMMIT ASH/Froxinus pemca Summit' 25• B/B -LP5 SOD 1- - SUA I AR MAPLE/Acor saccharum Z5' B/B SAC N6 SNOW -GI -40ft- ue 'Spring ,SOD AMM b AMUR MAPLE CLUMP/Ater ginnolo B/B -- ` JTL I JAPANESE TiiEE LILAC CLUMP/Sy9ngo retlevioto 'I' B/B 7 M � 7-BMJ ` ' SOD - No 151 SLACK HILLS vf'RUG lauoa den 6 /B I f T I-9-900 1 ` FES # 1` RW TWI66E>3WOOD/Gorrwa--eericea 8alleyl' 05 clod NANNYBERRY VIBURNIJMN4�urnum +entag0 — tt /I ` ` 5-5GJ 10-DNIE GOMM©N-- - LIL.AG jringa wl isoont O❑o — L — J I I ' '" ` ` PROPOSED / vve 610 ARP WIN&W EUONYMOUS/Btanynous olatue 'C ompootus' 05 cant 5-B 12 M ��\ OFFICE/ SERVICE � DILL 10 DWAIiP KOREAN LILAC�'� marPallban I I ' s'S cont 9 O. .G FFE 979.50 4-AMM SCJ 46 SCANDIA JUNIPER/Junlperus sobino 'scathe' 05 cont 9 D I15 - 0 BMJ 55 ADMooR JUNIPB2/Juniperus sobino 'Broadmoor' 05 cont fTl �J I LPS AWS 6 A.W. SPIREA/5pFasa x bumoldo 'Anthony Waterer' s2 cont CO ' M 00 U 9 M LPS 2-1ITTLE PRINCESS SPIREA/Splraea Japonloo 'Little Princess' 02 cont o z --- 500 151 STELLA DE ORO DAYLILY/Hemerocallle 'Stella de Oro' sl cont "v aWE ALG 5 ALPINE GURRANT/Rhboe alpinum •5 cont I 9-SC�J I-JTL -5D0 0) I + O 5 a / PROPOSED MNDOT POND cy NWL 948.00 + RETAIL HWL 954.70 FFE 979.50 / ' + Sod SUM - - - ♦ /EE ♦ --- 979 --. - _. 9 - -_ - ,- _.__. ♦ ,.... - - ___._ 977 / 1-9UM - - — _-- _ s 8 - ��... SIGN ♦ 9j9 -- 980 - - - — 98 9 977 1 Aws 1 1 ♦ ` ` I I I TRUNK HIGHWAY NO. 51 OLANDSCAPE PLAN -CENTURY PLAZA'C' - 0 10' 20' 40' _ 1 - 20' SCALE: 1" = 20' enriching communities ' through architecture mo vmemu duluth • virginia • grand rapids a twin cities www.dsgw.com CENTURY PLAZA LOT "C" HWY. 5 &CENTURYAVE. CHANHASSEN, MN project It 04056 date June 16, 2004 file name 04056-L1.0-Land-Site drawn by TS checked by MMA name John E. Erickson reg. # 24199 sign date July 2, 2004 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. signature RM`N PRy P o.� V 09 CoNs mark revision/issue date CITY SUBMITTAL IuLv 2, 2004 Ql ADDENDUM #1 AUGUST 11, 2004 CiN Or RECEIVED SEN AUG 12 2004 CM"0#SSBpI IFIIAWW ms CBOT sheet title sheet number LANDSCAPE PLAN Ll *0 C