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CAS-27_WAYTEK, INC. -EDEN TRACE CORP.CITY OF CIIANNSEN 7700 Ma W Boulevard PC Box 147 Chanhaw, W 55317 Aftinishration Phone:952.227.1100 Fax: 952.227.1110 Building lospedons Phone: 952.227.1180 Fax: 952.227.1190 Engineering Plane: 952,227.1160 Fax: 952.227.1170 July 22, 2009 Mr. Chuck Peterson KleinBank 1550 Audubon Road Chaska, MN 55318 Re: Release of Letter of Credit No. 580002 for Waytek Planning Case No. 2006-27 Dear Mr. Peterson: The above -referenced project has been completed in general conformance with the approved plans. Enclosed please find your original Letter of Credit No. 580002. We are now closing our files on this project. If you have any questions, please contact me by email at beenerous@ci.chanhassen.mn.us or at 952-227-1131. Finewce Phone:952227.1140 Sincerely, Fax: 952.227.1110 CITY—QF, CHANHASSEN Park & Recreation Phone: 211 Fax 92.227.1110 / / Recreation Center Robert Generous 2310 Coulter Boulevard Senior Planner Phone:952.227.1400 Fax:952.227,1404 RG:ktm Planning& Enc. Natural Resources Phone:952.227.1130 Fat 952.227.1110 c: Mr. Mark Undestad, Eden Trace Corp. fhlliftworks 9:xPUn\2006 planning cuaW6-27 wayteWc release lew.doc 1591 Park Road Phone:952.227.1300 Fax 952,227.1310 Senior Center Pfone:952.227.1125 Fax: 952.227.1110 web Site wwa.d.dianhassen.mn.ls C)b'Z:1 Chanhassen a a Coln nnotly for Life - Providing for Today and Planning for Tomorrow SCANNED IRREVOCABLE STANDBY LETTER OF CREDIT Y- Letter of Cradt Number: 580002 A.c: U.S. F 5,000.00 love NousaM dollars antl zero s»nts U.S. DOLLARS) Thu Lenz of Credit is issued an September 1, 2005 by Issuer in favor of the Beneficiary for the accwnt d APPINNIA. The partial names and their addresses are as (allows: APPLICANT: EDEN LLC 8156 MALLARY CT CHANHASSEN, Minnesota 55317 BENFACLURY. CRY OF CHANHASSEN 7100 MARKET BLVD. P.O. BOX 147 CHANHASSEN. Minnesota 55387 ISSUER: KLFINBANK 1550 Audubon Road Chaska, Mimesata 55318 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter Of Credit (Latter of Credlo in favor of Beneficiary in the amount Indicated above. Beneficiary may draw an this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than onel. Each Draft shall be signed on behalf of Beneficiary and be marked 'Drawn under KleinSank Letter of Credit No. 580002 camel September 1, 2001 Drafts must be presented at Issuer's address shown above an or before the Expiration Data The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forty in full Has terms of l suer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which Nis Letter of Credit may be related. Tlus Letter of Cobalt a mr; on the Expiration Data. 2. DRAWINGS. Seadiciary shall be permitted to make mdfipla drawings on this Letter of Credit. The maximum number of drawings that may be made on this Letter of Credit is S.'Draft' means a draft drawn at sight. 3. DOCUMENTS. Each Draft most he accompanied by our following, in original and two copies except as stated: A. The original Letter of Cori together with any amerbmams. B. A sight draft drawn by Beneficiary on Issuer. hour shall he w®rd" to accept a draft and the docsrmenetion described above, as required by the terms of this Letter of Credo, from any parson pMporting to be an aNhonzed officer or repasentarive of Beneficiary without any obligation or duty on de pert of Issuer to verity Her admithy or authority of tle person pr oussai g the draft and such documentation. 4. SPECIAL INSTRUCTIONS. THIS LETTER OF CREDIT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE-YEAR TERMS UNLESS, AT LEAST FORTYFIVE (45) DAYS PRIOR TO THE NEXT ANNUAL RENEWAL DATE (WHICH SHALL BE OF EACH YEARI, THE BANK DELIVERS WNITTEN NOTICE TO THE CHANHASSEN CITY MANAGER THAT IT INTENDS TO MODIFY THE TERMS OF, OR CANCEL THIS LETTER OF CREDIT. WRITTEN NOTICE 18 EFFECTIVE W SENT BY CERTIPED MAIL, POSTAGE PREPAID, AND DEPOSITED IN THE U.S.MA14 AT LEAST FORTY-PVE 145) DAYS PRIOR TO THE NEXT ANNUAL RENEWAL DATE ADDRESSED AS FOLLOWS: CHANHASSEN CITY MANAGER. CHANHASSEN CRY HALL. TTOO MARKET EIVD., CHANHASSEN, MN 55317 AND IS ACTUALLY RECEIVED BY THE CRY MANAGER AT LEAST THIRTY (301 DAYS PRIOR TO THE RENEWAL DATE. 5. EXPIRATION DATE. This Leased of Credit expires at the cease of business at Iswer's address of COO PM Conan Time (rime) an Sptmsber 1, 2007 (Dafel. Issuer agrees W fgnor all Drafts pesented in strict compliance will the Provisions of this Lenr of Coal m or before tie Expiration Date. e. NON -TRANSFERABLE. Thm Lenx of Coal is net transferable. ). APPLICABLE LAW. Thus Letter of Credit is Vormard by the Uniform Castodns ard Phosso for Daranemtary Credits, 1993 Formation, International Chamber of Commerce Pub( tian No. 500 RICK or any Iatr version or amendment This Leiter of Credit is dm governed by the Nws of Mimesota, except as Nose haws con9ict will the Uniform Cunoma all Pracdee for Documentary Credits. Document SOO. ISSUER: KldnBrnk Cirbrit Torn Data Stanall Lana of comot MN14XXdonmhO0985400005309012083106Y at 996 Rankers Systems, Inc.. St Cloud. MN ❑ Page 1 SCANNED $tatus Report 8/17/09 PLAKOR2 Jul 2000 u51201H1 Se te4er 2000 M T W T F S M T W T F S S IA T T F S 1 1 2 3 4 6 1 2 S ..0 ...5 ...6 '!.6 .6 .7 8._9..10-t1 t2 3-.4..5 6 7 8_..9 10.11 12 13 14 15 13 14 15 18 17.18 19 10 11 12 13 14 15.16 17 18 19 20 21 22 20 21 22 28 24 25 26 17 18 19 20 21 22 23 24......... ........:............_..................... __.. _.... _. l Securities Start Due S P Category __ ._ _ _ 8/17/09 8/17/09 0 LC #580002 expires 9/1/07 at 4:00 p.m. CST (Automatically renews for successive one-year terms) Waytek Lot 3 and that part of Lots 1 and 2, Block 1, Chanhassen West Business Park Site Plan Agreement 06-27 Planning Case 2006-27 $5,000 (boulevard restoration, erosion control, and landscaping) Notify Bob Generous 6!7/07 -Bob, status? Kim 6113/07 - Per Bob, Jill to inspect If OK retain LC for another year. Kim 6/22/07 Per Jill, retain letter of credit for another year. Kim 8/27/08 - Boh(J1B, status? Kim WW1/08 - Per Jill, Dead evergreens on north berm. Hold LC until replaced. Check status 6/1/09. Kim 7/2/09 - Notified Bob & Jill. Kim 716109 - Per Jill inspected on 5/19/09 and there are still two dead evergreens on the north berm. Bob contacted Mark Undestad requesting tree replacement. Check status 8/17/09. Kim 7/21/09 - Per Jill evergreens have been replaced- OK to release tC. Activity closed. Kim 0 2Wl L..-oe.elopmml C« r/2 M.Illn8 S=619IW Pzprc Pa I CITY OF December 15, 2006 7700 Market Boulevard POBox Mark and Christine Fischer n,MN 55317 Chanhassen, MN 2407 Bridle Creek Trail Administration Chanhassen, MN 55317 Phore:952.227.1100 Fax:952.227.1110 Re: Waytek Building — Planning Case 06-27 Building Inspections Ptene:952227.11BO Dear Mr. & Mrs. Fischer: Fax:952.227.1190 Engineering I am writing in response to your memorandum of December 4, 2006 regarding the Phoke:952.227.1160 above -referenced project. Fax: 952.227.1170 Finance Berming Phone: 952227.1140 Fax:952.227.1110 As part of the original proposal for the development, the developer agreed to work Park 6 Recreation to maximize the screening of the property through the use of berming. In Phone:952.227.1120 submitting the site plan for the Waytek Building, the grading plan proposed a Fax:952.227.1110 berm with an elevation of 972. As part of the review and after meeting with Recreation Center neighbors, the developer revised the plan to provide a berm with an undulating 2310 Coulter Boulevard Phone:952.227.1400 height elevation of 974 to 976. Ultimately, the developer's grading contractor Fax:952.227,1404 was able to increase the height of the berm to an elevation of 979 to 980. Planning A Natural Resources Additionally, the berm was extended to the west into Outlot C. Through the Phone:952.227.4130 extension of the retaining wall at the northeast corner of the building, the berm Fax:952.227.1110 was extended to the east to cover a portion of the parking lot area. However, the Public works City and the property owner to the east were adamant that the existing trees in the 1591 Park Road northeast corner of the site be preserved, thus limiting the extent of the berming in Phone:952227.1300 this area. Fax:952.227.1310 Senior Center As can be seen from the foregoing, it is not possible to accede to your request to Phone: 9522271125 extend the berm any farther. The berming at the northeast comer of the building Fax:952227.1110 is limited by the City requirement that the mature stand of trees in the northeast Web site corner of the site be preserved. The use of Techy Arborvotae (White Cedar) are wrw.ci.chanhassennn.us suitable trees for screening and grow to a height of 15 feet. Building Material The building material for the project was one of the materials permitted as part of the Planned Unit Development. Through the incorporation of exposed aggregate, the color is added which is more natural in appearance. 8CANNEO The City of Chanhassen • A growing community with clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mark and Christine Fischer December 15, 2006 Page 2 Storm Drain Eden Trace stated that they would not be opposed to you extending the storm drain to your property line, ending with an inlet pipe on their property. They would alter their site grading to direct any runoff from their site to this extended pipe location. However, they did not agree to do any work on your property. As to your request to have Eden Trace extend the pipe for you on your property, that is not within the purview of the City to require the developer to undertake. Landscaping Site landscaping has not been completed for the project. Staff will enforce the approved landscaping plans and requirements of the site plan agreement. However, landscaping installation will have to wait until spring. If Eden Trace promised additional landscaping, they are free to install it. The City is not a party to these separate agreements. The project is under construction so all the screening and site improvements have not been installed. The City will continue to monitor the development to assure that everything that was approved shall be completed. If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Sincerely, / v Robert Generous, AICP Senior Planner ec: Mayor and City Council Kate Aanenson, Community Development Director Todd Gerhardt, City Manager &Aplan\2006 planning mm\06-V "ytek\fiuher letterAm Memorandum DATE: December 4, 2006 TO: Mayor, City Council Members, City Staff FR: Christine and Mark Fischer RE: Lies and Broken Promises As the homeowner of Lot 2 in the Trotters Ridge development, which is directly adjacent to the North side of the Chan West Business Park, I am writing to urge City Council and City Staff to turn to your colleague Mark Undestad and insist that he carry through on at least two of the promises he and his business partner made to us over the past year. My husband and I have learned many civic lessons throughout the course of meetings related to this development. One of which is the extent to which City Council members have a very important responsibility in advocating for city growth and development in a fiscally responsible manner that meets code and that makes sense to most residents. I was sad to also learn, however, that this often does not mean advocating for individual homeowners. Many times over the past year my husband and I heard City Council members praise and congratulate Eden Trace on their efforts to work with residents of our neighborhood to come to terms that work for all parties as the new Chan West Business Park was in the planning phases. As we now are faced with the reality of the development, I'd like to share with you the many lies and broken promises that we've been subject to. �D fl tij; 41Z 1. The Promise: During Planning Commission and City Council meetings, we begged to be given the courtesy of having setbacks established at 150 vs 100 feet. Because 100 feet "meets code", our request was ignored and plans for a 100 foot long, 30 foot high wall very near our property line went forward. Ben Merriman, however, did offer that the proposed building could be built -17 into the berm, therefore allowing more ground for planting trees and other screening. We felt s to be an acceptable compromis l R �Gi- 9 `14 �+r> c 4 7 q— UD w..l (� to The Reality: We realized as huge walls with large doors in them were being place in our back yard that the building would not be built into the berm. In a meeting with Mark Undestad, he claimed it was not feasible to do so. Of course, in hindsight, we now know that we were naive and that Eden Trace knew all along a proposal to build the building into the berm would not be feasible. 2. The Promise: City Council members instructed that the buildings should be built of "natural" looking materials. The Reality: Beautiful brick buildings have been constructed in other parts of this development. We, however, are subject to an expanse of what I can only describe as "corrugated concrete". It's ugly, in ustrial Jook➢gg nd ce y ne' ative impact on our property value. 3. The Promise: In a conversation with Ben Merriman as I was pressuring for additional concessions and relief from the harsh transition from our home to the business park, he offered that Eden Trace could run the storm drain that exists in our yard into the business park. He also offered to "level off' the small hill along the lot line of our yard. We appreciated this offer as my children and neighbor children have fallen into the storm drain several times and have Page 1 of 3 been hurt. City Staff indicated this was a feasible option. We considered it a promise from the developer. The Reality: As the berm was built, no action was taken on the dra_ in in oar vard. Near completion of the berm my husband met with Mark Undestad and inquired about the status of the extension of the storm drain. Mark's response was "Yeah, we were unable to do that". We received no communication from them that plans had Chang d. Obviously t s w s yet another i a series of em ty rom��ise,ps to et us tgg shut u�,pp - rt� ►tV, I ke e. It;N lop : f . , , Qom. . t 5wrn-�(/j� 4. The Promise: When the request for a 150 foot setback was denied, we set to work on making f clear that we fully expected to have complete screening provided by large trees and other plantings. In summer of 2005, City Council directed Eden Trace to provide as much screening as possible with both coniferous and deciduous trees. Ben Merriman was more than agreeable, indicating that "we'll throw as many trees up there" as possible without risking their growth. The Reality: In a City Council meeting in August of 2006 when the request to make the building , even larger was being approved, Ben indicated that some small trees and low shrubs would be planted on the berm, but the berm itself could not sustain tall screening trees. His comment was "you do not want to have a row of dead trees along the top". As we've researched the plans with Jill Sinclair and Eden Trace, we've received different answers and remain unclear about what t e �� intended plantings for screening will be. YHatrt� a ivt �% ttp�nc cl� `a+��`7 / h r e Cant-} v'c On z o+a.t COYNWICN'VS vN G LieN M he Reality: As the attached pictures show, NO bemring is provided to buffer the impact of the building's parking lot traffic and our home. The traffic and headlights in the adjacent building's CIA parking lot will have a direct impact on us as they shine directly into our kitchen, dining room, Wt V living room and master bedroom. This is unacceptable and does not offer the complete screening t �t Q that we were promised. We never fought the development of a business park in our back yard. But, as 7 ear residents in this home in Chanhassen, we did fully expect the City Council to require the developer to be considerate of W our property value and our quality of life. Unfortunately, both have been negatively impacted. Our Request: Again, we are asking you, Mr. Mayor, City Council and City Staff to please insist that just two of the many promises be kept. We respectfully insist that Mark Undestad and Ben Merriman do the following: W-1 Pwper4y owner, Bil�Dlsm� t'�S Parking Lot Screening / C�llcd b exprcts ku desist A. Vuap 1. Build higher berming between our residence and the parking lot. .ex4T waod al uvks V1 FOLVkI s� 2. Plant at least eight more 8 foot high Techn in trees than are currently planned between our residence and the parking lot. Through research with aborists and professional landscaping companies, we have learned that the most optimal tree for providing the required screening with minimal care is the Techny in and this is the tree that should be planted. Tk a Le l�-ae (t�T4,%•iec�els�r� -f4ec.�v,- Scrr� Storm Drain M A-fvre 11"81`f" I S' Cl 3. Keep their promise to extend the storm drain from our yard into the Chan West Business Park and to put a flush covering over it to prevent, a. runoff water from collecting and pooling on our property b. future injuries to children. Page 2 of 3 View of lights from the parking lot into our home at night View of the business development parking lot from the windows at the back of our home on 2407 Bridle Creek Trail. Page 3 of 3 been hurt. City Staff indicated this was a feasible option. We considered it a promise from the developer. The Reality: As the berm was built, no action was taken on the drain in our yard. Near completion of the berm my husband met with Mark Undestad and inquired about the status of the extension of the storm drain. Mark's response was "Yeah, we were unable to do that". We received no communication from them that plans had changed. Obviously this was yet another in a series of empty promises to get us to shut up. 4. The Promise: When the request for a 150 foot setback was denied, we set to work on making clear that we fully expected to have complete screening provided by large trees and other plantings. In summer of 2005, City Council directed Eden Trace to provide as much screening as possible with both coniferous and deciduous trees. Ben Merriman was more than agreeable, indicating that "we'll throw as many trees up there" as possible without risking their growth. The Reality: In a City Council meeting in August of 2006 when the request to make the building even larger was being approved, Ben indicated that some small trees and low shrubs would be planted on the berm, but the berm itself could not sustain tall screening trees. His comment was "you do not want to have a row of dead trees along the top". As we've researched the plans with Jill Sinclair and Eden Trace, we've received different answers and remain unclear about what the intended plantings for screening will be. The Reality: As the attached pictures show, NO berming is provided to buffer the impact of the building's parking lot traffic and our home. The traffic and headlights in the adjacent building's parking lot will have a direct impact on us as they shine directly into our kitchen, dining room, living room and master bedroom This is unacceptable and does not offer the complete screening that we were promised. We never fought the development of a business park in our back yard. But, as 17 year residents in this home in Chanhassen, we did fully expect the City Council to require the developer to be considerate of our property value and our quality of life. Unfortunately, both have been negatively impacted. Our Request: Again, we are asking you, Mr. Mayor, City Council and City Staff to please insist that just two of the many promises be kept. We respectfully insist that Mark Undestad and Ben Merriman do the following: Parking Lot Screening I. Build higher berming between our residence and the parking lot. 2. Plant at least eight more 8 foot high Techny pine trees than are currently planned between our residence and the parking lot. Through research with aborists and professional landscaping companies, we have learned that the most optimal tree for providing the required screening with minimal care is the Techny pine and this is the tree that should be planted. Storm Drain 3. Keep their promise to extend the storm drain from our yard into the Chan West Business Park and to put a flush covering over it to prevent, a. runoff water from collecting and pooling on our property b. future injuries to children. Page 2 of 3 View of lights from the parking lot into our home at night View of the business development parking lot from the windows at the back of our home on 2407 Bridle Creek Trail. Page 3 of 3 CAMPBELL KNUTSON Professional Association Direct Dial. (651) 234-6222 RECEIVED E-mailAddress: snelsorp@ck-law.com OCT 18 2006 Thomas J. Campbell October 17, 2006 CITY OF CHANHASSEN Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Ms. Kim Meuwissen Joel J. Jamnik City of Chanhassen Andrea McDowell Poehler 7700 Market Boulevard Matthew K. Brokl' John F. Kelly P.O. Box 147 Soren M. Mattick Chanhassen, Minnesota 55317 Henry A. Schaeffer, III Alina Schwartz RE: CHANHASSEN—MISC. RECORDED DOCUMENTS Craig R. McDowell ➢ Site Plan Permit #06-27 — Waytek, Ine./Eden, LLC Marguerite M. McCarron (Lot 3 and Part of Lots 1&2, Block 1, Chanhassen West Business Park) • Also Licensed in Wisconsin Dear Kim: Enclosed for the City's files please find original recorded Site Plan Permit 406-27 with Eden, LLC approving a site plan for a two-story, approximately 110,000 square -foot office -warehouse building on the above described property. The site plan permit was filed with Carver County on September 27, 2006 as Document No. A450655. Regards, CAMPBELL KNUTSON Professional Association S san R. Nelson,`Leg1 Assistant SRN:ms Enclosure 1380 Corporate Center Curve Suite 317 • Fagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ek-law.eom SCONED Document No. OFFICE OF THE a A 450655 COUNTYRECORDER CARVER COUNTY, MINNESOTA Fee $ 46 00 Check#: Certified Recorded on 09-27-2006 at 03:30 16323 El AM PM AA II I III I I I II II I II III CCounty nsocorn r r CITY OF CHANHASS> N SITE PLAN PERMIT # 06-27 SPECIAL PROVISIONS AGREEMENT dated August 14, 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Eden, LLC, a Minnesota Limited Liability Company (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a two-story, approximately 110,000 square -foot office -warehouse building (referred to in this Permit as the "project"). The land is legally described as Lot 3 and that part of Lots 1 and 2, Block 1, Chanhassen West Business Park, Carver County, Minnesota, according to the recorded plat thereof which lies northerly of the following described line: commencing at the southeast corner of said Lot 1; thence North 10 degrees 53 minutes 35 seconds West on an assumed bearing a distance of 142.22 feel along the easterly line of said Lot 1 to the point of beginning of the line to be described; thence South 89 degrees 55 minutes 19 seconds West a distance of 521.05 feet to the westerly line of said Lot 2 and said line there terminating. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A --Site Plan dated 7-10-06 prepared by Howman Arcb_itect Plan B--Grading Plan dated 6-14-06 prepared by Schoell Madson Plan C—Landscaping Plan dated 6-14-06 and revised 7-31-06 prepared by Schoell Madson Plan D--Utility Plans dated 6-16-06 prepared by Schoell Madson 4. Time of Performance. The Developer shall install all required screening and landscaping by July 1, 2007. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall 1 SCANNED provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mark Undestad Eden, LLC 8156 Mallory Court Chanhassen, MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Planning Case Site Plan #06-27 for a two-story, approximately 110,000 square -foot office -warehouse building subject to the following conditions: a. The developer shall enter into this site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. The developer shall extend the sidewalk from the building to the sidewalk on Galpin Court and include pedestrian ramps at all curbs. c. The building is required to have an automatic fire extinguishing system. d. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. e. The developer shall heighten the retaining wall on the south side of the northerly drive-in overhead door to create a wing wall that is a least 10 feet above the grade of the loading dock area. This wall shall extend from the building westerly at least 15 feet then may be stepped downward as it continues west. 2 f. A temporary cover of seed and mulch shall be established on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. g. The plans shall show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project shall be protected as well. Plans shall indicate that inlet protection shall be installed within 24 hours of inlet installation. h. All sediment tracked upon paved surfaces shall be scraped and swept within 24 hours. Plans shall include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. i. An NPDES Construction Site Permit shall be applied for and received from the MPCA by the owner/operator of the site. j. The area in which the rain garden is proposed shall be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden shall not be built until at least 70% of the contributing area is stabilized. The applicant shall submit a planting plan for the garden. k. Architectural detailing shall be added on the northern building elevation. I. Overstory trees shall be added every 40 feet along the north building elevation. in. The applicant shall revise the landscape plan to show a total of 39 overstory trees within the vehicular use area. Trees may be added to the west side within Outlot C if their installation does not damage root systems of existing trees within that area. n. A row of four conifer trees shall be added north of the parking spaces in the northwest corner of the loading dock area. o. Tree preservation fencing is required to be installed prior to any construction around existing trees along Galpin Boulevard, Outlot C and any trees preserved along the north property line. p. All landscape plantings along Galpin Boulevard shall be field located as to not damage existing plantings. q. The bufferyard plantings along the north property line shall be spread out between the property line and the building to provide screening in depth. r. Areas proposed for the preservation of existing trees shall not be sodded. s. The developer must install a storm sewer stub south of CBMH 6. The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right-of-way. u. The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. v. The outstanding balance of the Park Dedication Fees for Parcels A and B must be paid with the building permit. The amounts are $82,600.14 for Parcel A and $29,579.78 for Parcel B. w. The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. x. A revised grading plan must be submitted with the building permit application. y. Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. z. Eight -inch watermain must be looped around the building. This watermain shall be privately owned and maintained. aa. Sanitary sewer and water hookup are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. These fees may be specially assessed against the parcel at the time of building permit issuance. bb. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel 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. cc. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. dd. Builder must comply with Fire Prevention policies numbers 4, 6, 7, 29, 84, 36, 40, 49 and 52. ee. Drive aisle widths shall be a minimum of 26 feet. 8. General Conditions. The general conditions of this Permit are attached as Exhibit 'B" and incorporated herein. !1 CITY OF CHANHASSEN BY: of Thom A. Furlon ayor Of AND: • d Gerhardt, City Manag Oe B Its ik� Chief Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thiday off 1��w, 2001c, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. .un y" a{ =E.p,. fi Na My 10 STATE OF MINNESOTA ) (ss. NOTARY PUB BEN B. MERRIMAN Notary Public ,�, Minnesota My Cammesion Expires Jan. 31, 2010 COUNTY OF ) The foregoing instrument was acknowledged before me this II )- day of S< , 200yby Mark undestad, the Chief Manager Of Eden, LLC, a Minnesota limited liability company, on its behalf. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITION Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be wan -anted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. GI 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 attomeys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all 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 fast given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severabiliri. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. 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 nm with the land and may be recorded against the title to the property - 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. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. IC 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. ations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT K1einBank, a Minnesota banking corporation which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this 1 ZH day of W 20Q'. JL_ Samar V.cr. l�A�s�rty' STATE OF MINNESOTA ) (ss. COUNTY OF Oaruer ) The foregoing instrument was acknowledged before me this la- day of 20 14 , by C � u e - fp j erso, the Senior vice President of K1einBank, a Minnes banking corporation, on its behalf. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 DONNAGERHARDSON \� ' i Notary Public -Minnesota �'�' � My Commission Expires Jan 31, 2008 10 August 15, 2006 CY OF CgANSEN Mr Mark Undestad Eden Trace Corp. 7700 Markel Boulevard 8156 Mallory Court PO Box 147 Chanhassen, MN 55317 Chanhassen, MN 55317 Administration Re: Planning Case #06-27, Waytek Phone:952.227.1100 Lot 3 and parts of Lots I and 2, Block 1, Chanhassen West Business Park Fax 952.227.1110 Building Inspections Dear Mr. Undestad: Phone: 952.227.1180 Fax:952.227.1190 This letter is to confirm that on August 14, 2006, the Chanhassen City Council Engineering approved the following: Phone:952.227.1160 Fax:952.227.1170 Planning Case Site Plan #06-27 for a two-story, approximately 110,000 square - Finance foot office -warehouse building, plans prepared by Houwman Architects, dated 6- Phone:952n7_1140 16-06, subject to the following conditions: Fax:952.227.1110 Paris 6 Recreation 1. The developer shall enter into a site plan agreement with the City and provide Phone:952.227.1120 the necessary security to guarantee erosion control, site restoration and Fax: 952.227.1110 landscaping. Recreation Center 2310CoulterBoulevard 2. The developer shall extend the sidewalk from the building to the sidewalk on Phone: .227.14 4 Fax:952.227.1404 Gal in Court and include pedestrian ramps at all curbs. P P P Planning & 3. The building is required to have an automatic fire extinguishing system. Natural Resources Phone:952.227.1130 Fax:952.227.1110 4. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. Public Works 1591 Park Road Phone:952.227.1300 5. The developer shall heighten the retaining wall on the south side of the In952227.1310 northerly drive-in overhead door to create a wing wall that is a least 10 feet Senior Center above the grade of the loading dock area. This wall shall extend from the Phone:952.227.1125 building westerly at least 15 feet then may be stepped downward as it Fax952.227.1110 continues west. Web site www.achanhasseo.mn.us 6. A temporary cover of seed and mulch shall be established on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. 7. The plans shall show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project shall be protected as well. Plans shall indicate that inlet protection shall be installed within 24 hours of inlet installation. dloArel D s I ,1e0 The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live, work, and play. Mr. Mark Undestad August 16, 2006 Page 2 8. All sediment tracked upon paved surfaces shall be scraped and swept within 24 hours. Plans shall include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. 9. An NPDES Construction Site Permit shall be applied for and received from the MPCA by the owner/operator of the site. 10. The area in which the rain garden is proposed shall be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden shall not be built until at least 70% of the contributing area is stabilized. The applicant shall submit a planting plan for the garden. 11. Architectural detailing shall be added on the northern building elevation. 12. Overstory trees shall be added every 40 feet along the north building elevation. 13. The applicant shall revise the landscape plan to show a total of 39 overstory trees within the vehicular use area. Trees may be added to the west side within Outlot C if their installation does not damage root systems of existing trees within that area. 14. A row of four conifer trees shall be added north of the parking spaces in the northwest comer of the loading dock area. 15. Tree preservation fencing is required to be installed prior to any construction around existing trees along Galpin Boulevard, Outlot C and any trees preserved along the north property line. 16. All landscape plantings along Galpin Boulevard shall be field located as to not damage existing plantings. 17. The bufferyard plantings along the north property line shall be spread out between the property line and the building to provide screening in depth. 18. Areas proposed for the preservation of existing trees shall not be sodded. 19. The developer must install a storm sewer stub south of CBMH 6. 20. The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right-of-way. 21. The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. 22. The outstanding balance of the Park Dedication Fees for Parcels A and B must be paid with the building permit. The amounts are $82,600.14 for Parcel A and $29,579.78 for Parcel B. O-I­"23. The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. Mr. Mark Undestad August 16, 2006 Page 3 24. A revised grading plan must be submitted with the building permit application. 25. Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. 26. Eight -inch watermain must be looped around the building. This watenmain shall be privately owned and maintained. 27. Sanitary sewer and water hookup are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. These fees may be specially assessed against the parcel at the time of building permit issuance. 28. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel 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. 29. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 30. Builder must comply with Fire Prevention policies numbers 4, 6, 7, 29, 84, 36, 40, 49 and 52. 31. Drive aisle widths shall be a minimum of 26 feet. Enclosed is a site plan agreement that must be executed by Eden Trace Corporation. Return the agreement to me for city execution and recording at Carver County within 120 days of the approval (by December 12, 2006). The required security specified in the site plan agreement shall be submitted prior to the city issuing a building permit. A copy of the executed agreement will be returned for your files. Additionally, the "administrative subdivision" must be completed and recorded prior to the issuance of the building permit. If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner Enclosure ec: Alyson Fauske, Assistant City Engineer Jerry Mohn, Building Official g:Nplan\2006 planning casmXW27 waytekNappmval lelta.doc CITY OF CHANHASSEN SITE PLAN PERMIT # 06-27 SPECIAL PROVISIONS AGREEMENT dated August 14, 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Eden Trace Corporation (the 'Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a two-story, approximately 110,000 square -foot office -warehouse building (referred to in this Permit as the "project"). The land is legally described as Lot 3 and that part of Lots 1 and 2, Block 1, Chanhassen West Business Park, Carver County, Minnesota, according to the recorded plat thereof which lies northerly of the following described line: commencing at the southeast comer of said Lot 1; thence North 10 degrees 53 minutes 35 seconds West on an assumed bearing a distance of 142.22 feel along the easterly line of said Lot 1 to the point of beginning of the line to be described; thence South 89 degrees 55 minutes 19 seconds West a distance of 521.05 feet to the westerly line of said Lot 2 and said line there terminating. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A --Site Plan dated 7-10-06 prepared by Howman Architects Plan B—Grading Plan dated 6-14-06 prepared by Schoell Madson Plan C—Landscaping Plan dated 6-14-06 and revised 7-31-06 prepared by Schoell Madson Plan D--Utility Plans dated 6-16-06 prepared by Schoell Madson 4. Time of Performance. The Developer shall install all required screening and landscaping by July 1, 2007. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mark Undestad Eden Trace Corporation 8156 Mallory Court Chanhassen, MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Planning Case Site Plan #06-27 for a two-story, approximately 110,000 square -foot office -warehouse building subject to the following conditions: a. The developer shall enter into this site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. The developer shall extend the sidewalk from the building to the sidewalk on Galpin Court and include pedestrian ramps at all curbs. c. The building is required to have an automatic fire extinguishing system. d. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. e. The developer shall heighten the retaining wall on the south side of the northerly drive-in overhead door to create a wing wall that is a least 10 feet above the grade of the loading dock area. This wall shall extend from the building westerly at least 15 feet then may be stepped downward as it continues west. 2 f. A temporary cover of seed and mulch shall be established on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. g. The plans shall show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project shall be protected as well. Plans shall indicate that inlet protection shall be installed within 24 hours of inlet installation. h. All sediment tracked upon paved surfaces shall be scraped and swept within 24 hours. Plans shall include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. i. An NPDES Construction Site Permit shall be applied for and received from the MPCA by the owner/operator of the site. j. The area in which the rain garden is proposed shall be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden shall not be built until at least 70% of the contributing area is stabilized. The applicant shall submit a planting plan for the garden. k. Architectural detailing shall be added on the northern building elevation. 1. Overstory trees shall be added every 40 feet along the north building elevation. in. The applicant shall revise the landscape plan to show a total of 39 overstory trees within the vehicular use area. Trees may be added to the west side within Outlot C if their installation does not damage root systems of existing trees within that area. n. A row of four conifer trees shall be added north of the parking spaces in the northwest comer of the loading dock area. o. Tree preservation fencing is required to be installed prior to any construction around existing trees along Galpin Boulevard, Outlot C and any trees preserved along the north property line. p. All landscape plantings along Galpin Boulevard shall be field located as to not damage existing plantings. q. The bufferyard plantings along the north property line shall be spread out between the property line and the building to provide screening in depth. r. Areas proposed for the preservation of existing trees shall not be sodded. s. The developer must install a storm sewer stub south of CBMH 6. t. The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right-of-way. u. The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. v. The outstanding balance of the Park Dedication Fees for Parcels A and B must be paid with the building permit. The amounts are $82,600.14 for Parcel A and $29,579.78 for Parcel B. w. The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. x. A revised grading plan must be submitted with the building permit application. y. Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. z. Eight -inch watermain must be looped around the building. This watermain shall be privately owned and maintained. aa. Sanitary sewer and water hookup are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. These fees may be specially assessed against the parcel at the time of building permit issuance. bb. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel 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. cc. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. dd. Builder must comply with Fire Prevention policies numbers 4, 6, 7, 29, 84, 36, 40, 49 and 52. ee. Drive aisle widths shall be a minimum of 26 feet. 8. General Conditions. The general conditions of this Permit are attached as Exhibit 'B" and incorporated herein. 3 CITY OF CHANHASSEN /"00 Thomas A. Furlong, Mayor Todd Gerhardt, City Manager DEVELOPER: Eden Trace Corporation 00 Its STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of , 200_, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 1►to] ". I `aa11:]M(a] STATE OF MINNESOTA (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200_ by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITION Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be wan -anted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 0 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. 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. Severabiliri. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occuoancy. 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. 7 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 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws. Ordinances and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless 0 the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. W MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 20_ STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 NOTARY PUBLIC 10 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18, CHANHASSEN CITY CODE, SUBDIVISIONS / OF THE CITY OF A ORDAINS: Section 1. S 'on 18-39 (a) of the City C/1eas0 anhassen, Minnesota, is hereby amended to rea follows: After the pre-applica 'on consultation ands prior to the meeting of the planning commission which action is dcant may file with the city an application for prelimin plat approval.n shall be accompanied by copies of the plat in such n ber as reauian eight and one-half by eleven - inch reduction of each sheet, elect ownership satisfactory to the A property will be prepared by the ity established by city council. All be submitted before the applicati the city council, or abandonme or v shall not entitle the applicant the rn Section 2. Section 18-39 0 of the City amended to read as folio s: f i format file of the plans, and proof of . of property owners within 500 feet of the be applicant shall pay the application fee I data, documentation plans, copies and fees must be considered complete. Rejection of the plat by idrawal of the proposed plat by the subdivider, Y of all or any part of the application fee. City of Chanhassen, Minnesota, is hereby The planning commi ion shall hold a public he ng on the preliminary plat after notice of the date, time, pl ce and purpose of the heating as been published once in the official newspaper, and a roposed development notificatio sign has been erected on the subject property by the plicant, both at least ten days b the date of hearing. Written notice shall also be led by the city to the applicant and all wners of record within 500 feet of the outer undaries of the preliminary plat. Failure post a proposed development notificatio ign or to give notice or defects in the notice all not affect the validity of the proc ngs. The community development director ma require an expanded mailing list Mrs' es fronting on lakeshore where the development w d be visible over a larger area. a applicant is responsible for meeting with affected h eowners. . The City Code, City of Chanhassen, Minnesota, is her amended by adding to be numbered 18-40 (4) d (1) (f), which shall read as fo ws: CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 9/22/06 06-27 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/14/06 06-27 Site Plan Permit (Waytek, Inc. THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Mark Undestad, Eden Trace Corporation SIGN copies for approval copies for distribution corrected prints 227-1 SUNNED If enclosures are not as noted, kindly notify us at once. CrrY OF CHANHASSEN SITE PLAN PERMIT # 06-27 AGREEMENT dated August 14, 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Eden Trace Corporation (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a two-story, approximately 110,000 square -foot office -warehouse building (referred to in this Permit as the "project"). The land is legally described as Lot 3 and that part of Lots 1 and 2, Block 1, Chanhassen West Business Park, Carver County, Minnesota, according to the recorded plat thereof which lies northerly of the following described line: commencing at the southeast corner of said Lot 1; thence North 10 degrees 53 minutes 35 seconds West on an assumed bearing a distance of 142.22 feel along the easterly line of said Lot 1 to the point of beginning of the line to be described; thence South 89 degrees 55 minutes 19 seconds West a distance of 521.05 feet to the westerly line of said Lot 2 and said line there terminating. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terns of this Permit, the written terms shall control. The plans are: Plan A —Site Plan dated 7-10-06 prepared by Howman Architects Plan B—Grading Plan dated 6-14-06 prepared by Schoell Madson Plan C—Landscaping Plan dated 6-14-06 and revised 7-31-06 prepared by Schoell Madson Plan D—Utility Plans dated 6-16-06 prepared by Schoell Madson 4. Time of Performance. The Developer shall install all required screening and landscaping by July 1, 2007. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall • provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mark Undestad Eden Trace Corporation 8156 Mallory Court Chanhassen, MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Planning Case Site Plan #06-27 for a two-story, approximately 110,000 square -foot office -warehouse building subject to the following conditions: a. The developer shall enter into this site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. The developer shall extend the sidewalk from the building to the sidewalk on Galpin Court and include pedestrian ramps at all curbs. c. The building is required to have an automatic fire extinguishing system. d. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. e. The developer shall heighten the retaining wall on the south side of the northerly drive-in overhead door to create a wing wall that is a least 10 feet above the grade of the loading dock area. This wall shall extend from the building westerly at least 15 feet then may be stepped downward as it continues west. 2 f. A temporary cover of seed and mulch shall be established on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. g. The plans shall show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project shall be protected as well. Plans shall indicate that inlet protection shall be installed within 24 hours of inlet installation. h. All sediment tracked upon paved surfaces shall be scraped and swept within 24 hours. Plans shall include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. i. An NPDES Construction Site Permit shall be applied for and received from the MPCA by the owner/operator of the site. j. The area in which the rain garden is proposed shall be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden shall not be built until at least 70% of the contributing area is stabilized. The applicant shall submit a planting plan for the garden. k. Architectural detailing shall be added on the northern building elevation. 1. Overstory trees shall be added every 40 feet along the north building elevation. m. The applicant shall revise the landscape plan to show a total of 39 overstory trees within the vehicular use area. Trees may be added to the west side within Outlot C if their installation does not damage root systems of existing trees within that area. n. A row of four conifer trees shall be added north of the parking spaces in the northwest comer of the loading dock area. o. Tree preservation fencing is required to be installed prior to any construction around existing trees along Galpin Boulevard, Outlot C and any trees preserved along the north property line. p. All landscape plantings along Galpin Boulevard shall be field located as to not damage existing plantings. q. The bufferyard plantings along the north property line shall be spread out between the property line and the building to provide screening in depth. r. Areas proposed for the preservation of existing trees shall not be sodded. s. The developer must install a storm sewer stub south of CBMH 6. t. The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right-of-way. u. The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. v. The outstanding balance of the Park Dedication Fees for Parcels A and B must be paid with the building permit. The amounts are $82,600.14 for Parcel A and $29,579.78 for Parcel B. w. The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. x. A revised grading plan must be submitted with the building permit application. y. Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. z. Eight -inch watermain must be looped around the building. This watermain shall be privately owned and maintained. aa. Sanitary sewer and water hookup are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. These fees may be specially assessed against the parcel at the time of building permit issuance. bb. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel 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. cc. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. dd. Builder must comply with Fire Prevention policies numbers 4, 6, 7, 29, 84, 36, 40, 49 and 52. ee. Drive aisle widths shall be a minimum of 26 feet. 8. General Conditions. The general conditions of this Permit are attached as Exhibit 'B" and incorporated herein. rd CITY OF CHANHASSEN Thom A. FFuurlon ayor AND: W04 Todfd Gerhardt, City Manag DEVELOPER: Eden Trace Corporation BY: I Its STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thiday of , 2006 by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. =tary ota I#mN 2010 STATE OF MINNESOTA ) (ss. 1jt.� NOTARY PUBLIC,---- * ;EN B. MERRIMAN Notary Public Minnesota My cortmission Expires Jan. 31, 2010 COUNTY OF ) The foregoing instrument was acknowledged before me this 1 L day of Ssa 200�bY C�r.�.1s1..�.t ��l--.� C.,,,v DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 1 5 CITY OF CHANHASSEN SUE PLAN PE1tNIIT FA IIBTT "B" GENERAL . CONDMON 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers 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 wan -anted for twelve (12) months from the time of planting. The Developer or his contractors) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 0 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. 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 Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall tun 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. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws. Ordinances. and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall 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 further agrees that it will indemnify, defend, and hold harmless 93 the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 91 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 200,. Senor V.cr_ l�Arsiga[� STATE OF MINNESOTA ) (ss. COUNTY OF 00,ruer ) The foregoing instrument was acknowledged before me this la day of S e pl ern ei , 20 01 , by u ck feter 30, NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 DONNA GERHARDSON Notary Public -Minnesota My COM iws EVIM JM 31, 2003 10 ab MEMORANDUM TO: Todd Gerhardt, City Manager CITY OF FROM: Bob Generous, Senior Planner CHMIg,�,pQ�1�j ASSEN 0 DATE: August 14, 2006 7700 Market Boulevard PO Box 147 SUBJ: Waytek — Planning Case # 06-27 Chanhassen, MN 5217 Administration EXECUTIVE SUMMARY Phone: 952.227,1100 Fax:952.227.1110 The developer is requesting site plan approval for an approximately 110,000 square -foot, Building Inspections two-story, office -warehouse building on 7.4 acres. Waytek has added second -story Phone:952,227.1180 windows on the east and south elevations of the building, creating additional articulation Fax: 95z 227.1190 to those fagades. Engineering Phone:952.227.1160 ACTION REQUIRED Fax: 952.227.1170 Finance City Council approval requires a majority of City Council present. Phone: 952.227.1140 Fax: 952.227.1110 PLANNING COMMISSION SUMMARY Park a Recreation Phone:952.227.1120 The Planning Commission held a public hearing on July 18, 2006, to review the proposed Fax:952.227.1110 development. The Planning Commission voted 5 to 0 to approve the proposed project. Recreation Center 2310 Coulter Phone: Phone:952.227.14g1 7.1400 The PlanningCommission directed that the developer work with the owners to the � ��� Fax: 952.227,1404 north to expand on the berming of the building. Additionally, due to the developer incorporating more parking in the southern portion of the property, the developer was Planning a Natural Resources directed to remove the parking in the northwest comer of the building and add a curve to the Phone:952.227.1130 northern overhead door in order to create additional separation from the significant oak west Fax:952.227.1110 of the parking area in this location. Public Works 1591 Park Road The developer, in consultation with the property owners to the north, has prepared a revised Phone: 952,227.1300 grading/landscaping plan extending the berm to the west into Outlot C, increasing the height Fax:952,227.1310 of the berm four feet and adding undulation to the berm. Senior Center Phone:952.227.1125 RECOMMENDATION fax: 952.227.1110 Web site Staff and the Planning Commission recommend adoption of the motion approving the site www.d.chanhassennn.us plan as specified on pages 8 - 11 in the staff report dated July 18, 2006. ATTACHMENTS 1. Colored Site Plan. 2. Grading Plan (Revised). 3. Preliminary Landscape Plan revised 7/31/06. 4. Planning Commission Staff Report Dated July 18, 2006 (Revised). giplanx2006 planning ca \06-27 waylek'=mutive summary.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A gieat place to live, work, and play. proposed Office / Warehouse for: VAV WAYTEK INC. DUALITY ELECTRICAL WIRING SUPPLIES CORNER ENTRY PEP 5PEC TI VE �o�wM�M �L i»wLmrm.n oww.�ws»n city Co CH Submittal AU$. 14, 2006 cacam snenw Al of 1 omomxmo� rom • S'Axv.'� e.�..y�.w� • se^x :s�,r :max HUMAN ABCN�ITICCis EGEN TRACE a � a' wn—W WwMK Mc PRELIMINARY GRACING PLAN M :. C2 rxrprx...aw.aw �o O I %M \ \1 ITS O LANDSCAPE FUN W PLANT LEGEND v rie rurmrm uNDSCPPE NOTES I wm.o. ennmr �,m�.nse�.aunw,waeu P�-�,.i jC�'M"� m T�`F 3 f.! -� ,. ..nw •'"wn 111WMAN WHITENS .mmeunnOm44 � rn " �m�ir � m2a LfL . m. wi ""'+�,•• PUNT scxeouLe- EOEN MLOT PUNT 9C- PULE- LOT 1 I RUFFRRYARD TRACE 954 aw..vs w mn wwlxo PRELIMINARY LANDSCAPE PUN Lt CITY OF CHANHASSEN STAFF REPORT PC DATE: 07/18/06 CC DATE: 08/14/06 REVIEW DEADLINE: August 15, 2006 CASE #: 06-27 BY: AF, RG, LH, TH, ML, JM, JS PROPOSAL: Request for Site Plan review approval for a 110,000 square -foot twoone story office warehouse building — Waytek, Inc. LOCATION: 2440 Galpin Court APPLICANT: Eden Trace Corporation 8156 Mallory Court Chanhassen, MN 55317 (952) 361-0722 PRESENT ZONING: Planned Unit Development, PUD 2020 LAND USE PLAN: Office/Industrial ACREAGE: 7.4 DENSITY: F.A.R.0.34 Waytek, Inc. 7660 Quattro Drive Chanhassen, MN 55317 (952)949-0765 SUMMARY OF REQUEST: The developer is requesting site plan approval for an approximately 110,000 square feet, twoeAe story, 30 feet to top of parapet, exposed aggregate — ribbed and smooth finished tilt -up concrete, office -warehouse building on 7.4 acres. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets those standards, the City must then approve the site plan. This is a quasi-judicial decision. Location Map Part of Lots 1 & 2, Block 1 and All of Lot 3, Block 1 Chanhassen West Business Park Planning Case No. 06-27 City of Chanhassen 'a j C7 7 B PB o r �. i n e anal• c,• 4 �Moeex P.M1 _ "us•rceC Subject G•• �a„a..xin'8 � s Property c g a 3 m n 9 Lyman BNtl (C.R. 18) Y71 7e 9 'm i c Y N m N W m L U � o � U _T O U _T U 9 'm SCANNED Waytek, Inc. Planning Case 06-27 July 18, 2006 Page 2 of 11 PROPOSAL/SUMMARY The developer is requesting site plan review for an approximately 110,000 square -foot, twoene- story with a mezzanine level, 30 feet to top of parapet, exposed aggregate — ribbed and smooth finished tilt -up concrete, office -warehouse building. The proposal is for a single tenant user; however, the parking standards applied would permit a multi -tenant building with up to 30 percent office space. In conjunction with the development, the developer is consolidating the northern parts of Lots 1 and 2, Block 1, with this lot. This lot line adjustment is not a subdivision because a new lot is not being created and will be approved administratively. The revised lot lines will create drainage and utility easements that are not at the new lot line. The developer is requesting, separately, a vacation of the drainage and utility easement. In conjunction with the easement vacation, the City will require the dedication of new drainage and utility easements along the new property line. The property to the north is a residential single-family subdivision, Trotters Ridge, which is zoned Planned Unit Development -Residential. The property to the east, across Galpin Boulevard, is a residential single-family subdivision, Stone Creek, which is zoned Single -Family Residential. The property to the south and west is part of the Chanhassen West Business Park development and is zoned Planned Unit Development. There is an "L shaped" storage pile of dirt located on the northern portion of the site that will be removed with the development of the property. Water and sewer service was provided to the site as part of the Chanhassen West Business Park development. The site was rough graded as part of the subdivision. There is a band of trees along Galpin Boulevard that is being preserved as part of the overall subdivision. The proposed development complies with the Chanhassen City Code and the development design standards. Staff is recommending approval of the site plan. APPLICABLE REGUATIONS Chapter 20, Article 11, Division 6, Site Plan Review Chapter 20, Article XXIH, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Developments Chanhassen West Business Park Development Design Standards BACKGROUND On September 29, 2005 the Chanhassen City Council approved the final plat for Chanhassen West Business Park creating 8 lots, 3 outlots and associated right-of-way for public streets. On August 22, 2005, the Chanhassen City Council approved the following: Waytek,Inc. Planning Case 06-27 July 18, 2006 Page 3 of 11 Rezoning of the property located within the Chanhassen West Business Park from Agricultural Estate District (A-2) to Planned Unit Development (PUD) incorporating the development design standards contained within the staff report; Preliminary Plat for Chanhassen West Business Park, plans prepared by Schoell & Madson, Inc., dated June 17, 2005; and Wetland Alteration Permit to fill and alter wetlands within the development, plans prepared by Schoell & Madson, Inc., dated June 17, 2005. GENERAL SITE PLAN/ARCHITECTURE ARCHITECTURAL COMPLIANCE Size Portion Placement Building entrances are enhanced through the use of projected entrance features that incorporate changes in material from a base of burnished concrete block, aluminum store front frames with insulated glass, decorative curved metal bands above the entries, smooth poured concrete panels with smooth bands and recessed smooth decorative accent squares and a raised corniced parapet. Building articulation is accomplished through the enhanced entrance architectural detailing, projected window treatments in the office area on the southern end of the building, which mimic the entrance architecture on a lower scale, smooth surfaced columns spaced around the building and changes in the aggregate color from red in the ribbed panels to buff in the smooth panels. Material and Detail Building materials consist of tilt -up, exposed aggregate concrete panels with ribbed and smooth finishes. Entrances are highlighted through the use of burnished block at the base and above the doors. Accents are smooth bands around the building, narrow smooth bands above the entrances and imbedded in the area above the entrances and in the columns smooth decorative colonial red details. Color The primary building material is uniform ribbed, red exposed aggregate concrete panels. The area above the entrances and at the columns is a smooth finished, buff (sand colored) exposed aggregate. The curved metal canopies and cornices are pre -finished metal in colonial red. The accent detail above the entrances and in the columns are also colonial red. The accent sill block is a burnished concord red. The block under the entrance windows is burnished hickory. Height and Roof Design Building height is twoone story and 30 feet. Roof articulation is provided through the stepping of the parapet height at the entrances with cornice treatments at the top of the projected office Waytek,Inc. Planning Case 06-27 July 18, 2006 Page 4 of 12 windows, on the columns and at the top of the entrances. A curved metal canopy is located at the entrances. Mechanical equipment is screened through the use of low profile units, placed 381h feet from the edge of the roof and the use of parapets around the building. Facade Transparency 50 percent of the first floor elevation that is viewed by the public includes transparent windows and/or doors. All other areas shall include landscaping material and architectural detailing and articulation. Overstory trees should be added every 40 feet along the north building elevation to help break up the expanse of wall. Additionally, high, overhead windows should be added on the northern building elevation between the smooth bands to provide natural light within the building and additional architectural articulation to the building fagade. Site Furnishing Community features include an employee patio with benches and tables located in the southwest comer of the building. The developer needs to connect the internal sidewalks to the public sidewalk in Galpin Court. Loading areas, refuse area. etc. Screening of service yards, refuse and waste removal, other unsightly areas and truck parking/loading areas is provided by locating these facilities on the western side of the building. The developer should heighten the retaining wall on the south side of the northerly drive-in overhead door to create a wing wall that is a least 10 feet above the grade of the loading dock area. This wall should extend from the building westerly at least 15 feet then may be stepped downward as it continues west. Landscaping Minimum requirements for landscaping include 9,810 square feet of landscaped area around the parking lot, 21 landscape islands or peninsulas, 39 trees for the parking lot, and bufferyard plantings along the north and east property lines. 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 9,810 s . ft. >9,810 s . ft. Trees/ parking lot 39 overstory trees 21 overstory trees Islands/parkingIslands/parking lot 21 islands or peninsulas 21 islands/peninsulas The applicant does not meet minimum requirements for trees in the parking lot area. Staff recommends that the applicant increase the number of trees in the parking lot to meet minimum landscape requirements. A row of conifer trees should be added north of the parking spaces in the northwest comer of the loading dock area. Areas proposed for the preservation of existing trees shall not be sodded. Waytek, Inc. Planning Case 06-27 July 18, 2006 Page 5 of 12 Required plantings Proposed plantings Bufferyard D — north property 13 overstory trees 18 overstory trees line, 430' length 26 understory trees 40 understory trees 39 shrubs 65 shrubs Bufferyard C — east property 13 overstory trees Existing trees and shrubs line, 660' 33 understory trees 9 overstory trees 33 shrubs 21 understory trees 35 shrubs Applicant meets minimum requirements for bufferyard plantings along the north and east property lines. Staff recommends that all plantings along Galpin Boulevard be field located as to not damage existing plantings. The bufferyard plantings along the north property line should be spread out between the property line and the building to provide screening in depth. Six additional trees shall be provided along the northern building fagade. Lot Frontage and Parking Location The site fronts on both Galpin Boulevard and Galpin Court. While the entrance to the site is from Galpin Court, the building is oriented toward Galpin Boulevard. This orientation of the building provides the public fagade to Galpin Boulevard, an arterial road. Parking is distributed around the building. The applicant is showing the striping of 159 parking spaces. In addition, 55 proof of parking spaces are required to meet the estimated parking requirement for the building. The proof of parking is provided primarily on the western side of the building. There is sufficient area to provide 26 of the additional parking spaces along the western property line, across from the loading docks, rather than scattering the parking in the southeast, southwest and west of the building. Staff recommends that the proof of parking north and west of the outdoor patio area be deleted. ACCESS STREETS Galpin Court was constructed with the Chanhassen West Business Park development. The Waytek development will access Galpin Court at two locations. GRADING/DRAINAGE The site was mass graded with the Chanhassen West Business Park development. Minor grading modifications are required for the proposed building and parking area. The first floor elevation of the Waytek building is consistent with that shown on the final plat plans. The grading plan identifies a berm on the north side of the building, extending four to ten feet high. The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. A revised grading plan showing these changes must be submitted with the building permit application. Waytek,Inc. Planning Case 06-27 July 18, 2006 Page 6 of 12 Runoff from the site will be conveyed via private storm sewer to the pond located in the southwest comer of Chanhassen West Business Park. The pond has been excavated and has the capacity to treat the runoff generated from this site. Retaining Walls The plan identifies a retaining wall at the southwest corner of the building. The top and bottom of wall elevations is not shown on the plans. Staff estimates the maximum height of the wall to be approximately three feet. Another retaining wall is shown along the northeast property line. The maximum height of this wall is six feet, which is consistent with the Chanhassen West Business Park final grading plan. Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. Erosion Control A temporary cover of seed and mulch will be required on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. Sediment Control The plans should show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project must be protected as well. Steel plates over manholes are not an acceptable form of inlet protection. Plans should indicate that inlet protection needs to be installed within 24 hours of inlet installation. All sediment tracked upon paved surfaces must be scraped and swept within 24 hours. Plans should include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. Storm Water Pollution Preventive Plan (SWPPP) An NPDES Construction Site Permit is required for this development as it is over an acre in size and should be applied for and received from the MPCA by the owner/operator of the site. The current developer has the NPDES permit for the overall site and may wish to transfer the permit to the owner/operator. Rain Garden The area in which the rain garden is proposed should be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden should not be built until at Waytek, Inc. Planning Case 06-27 July 18, 2006 Page 7 of 12 least 70% of the contributing area is stabilized. The applicant should submit a planting plan for the garden. 11111111Y➢I5C` Lateral sanitary sewer and watermain were installed within Galpin Court in conjunction with the Chanhassen West Business Park development. Two eight -inch diameter watermain and one eight -inch diameter sanitary sewer stub were installed to the Waytek property. The sanitary sewer will be extended to the west side of the building. Eight -inch watermain must be looped around the building. This watermain shall be privately owned and maintained. Sanitary sewer and water hookup fees are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. LIGIITING/SIGNAGE Site lighting consists of 25-foot tall, prefinished metal light poles on two -foot bases with shoe - box style, downcast light fixtures. Wall pack light fixtures are proposed over the loading dock stairs. Decorative light fixtures are located at building entrances. The lighting must be shielded to prevent off -site glare. A monument sign is proposed at the entrance off Galpin Court. The monument sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. Monument signs shall be a minimum of 15 feet from the property line. Wall signage will be limited to the areas above the building entrances. Signage must comply with the PUD standards and City Code requirements. A separate sign permit application is require for all signage. MISCELLANEOUS The building is required to have an automatic fire extinguishing system. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. Detailed occupancy related requirements will be addressed when complete plans are submitted for building permit review. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. LOT SPLIT/COMBINATION- EASEMENTS AND PARK DEDICATION Due to the size of the proposed building and adjacent parking, the applicant is requesting to add a portion of Lots 1 and 2, Block 2 to Lot 3, Block 1, referenced as "Parcel A" in this report. The remaining area south of Lot 3 will become one lot, referenced as "Parcel B" in this report. The existing drainage and utility easements on Lots 1 through 3 must be vacated, as shown on Sheet C I of the submittal. The drainage and utility easement along the south side of Lot 3 is 15 feet wide to accommodate a proposed storm sewer pipe that will carry runoff from Lots 1 through 3. This pipe will be installed along the south side of the Waytek property. The Waytek, Inc. Planning Case 06-27 July 18, 2006 Page 8 of 12 developer must install a storm sewer stub to the south so that the property to the south can connect to the storm sewer system when it's developed. The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right- of-way. The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. The proposed drainage and utility easements shown on Sheet Cl are consistent with City requirements. A portion of the Park Dedication Fees, $40,150, was paid in cash with the final plat with the remaining balance of $319,350 being paid with the building permit based on the lot area. The total area of all lots within the subdivision is 28.61 acres. The Park Dedication Fees for Parcels A and B are as follows: Parcel A: (7.40 acres _ 28.61 acres) x $319,350.00 = $82,600.14 Parcel B: (2.65 acres _ 28.61 acres) x $319,350.00 = $29,579.78 COMPLIANCE TABLE PUD Waytek, Inc. Building Height 2 stories 4 2 story 30 feet 30 feet Building Setback N - 100' E - 50' N - 100' E - 120' W-30'S-0' W-128'5-77 Parking Stalls 214 stalls 159 stalls plus 55 stalls shown as proof of parking Parking Setback N - 100' E - 50' N - 105' E - 50' W-10, S-0' W-12' S-5' Hard Surface Coverage 70% 69% Lot Area 1 acre 7.4 acres RECOMMENDATION Staff recommends that the City Council adopt the following motion and adoption of the attached findings of fact and recommendation: "The Chanhassen City Council approves Planning Case Site Plan #06-27 for a two one story, approximately 110,000 square -foot office - warehouse building, plans prepared by Houwman Architects, dated 6-16-06, subject to the following conditions: Waytek, Inc. Planning Case 06-27 July 18, 2006 Page 9 of 12 1. The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The developer shall extend the sidewalk from the building to the sidewalk on Galpin Court and include pedestrian ramps at all curbs. 3. The building is required to have an automatic fire extinguishing system. 4. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 5. The developer shall heighten the retaining wall on the south side of the northerly drive-in overhead door to create a wing wall that is a least 10 feet above the grade of the loading dock area. This wall shall extend from the building westerly at least 15 feet then may be stepped downward as it continues west. 6. A temporary cover of seed and mulch shall be established on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. The plans shall show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project shall be protected as well. Plans shall indicate that inlet protection shall be installed within 24 hours of inlet installation. All sediment tracked upon paved surfaces shall be scraped and swept within 24 hours. Plans shall include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. 9. An NPDES Construction Site Permit shall be applied for and received from the MPCA by the owner/operator of the site. 10. The area in which the rain garden is proposed shall be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden shall not be built until at least 70% of the contributing area is stabilized. The applicant shall submit a planting plan for the garden. 11. High overhead windows shall be added on the northern building elevation between the smooth bands. 12.Overstory trees shall be added every 40 feet along the north building elevation. 13. The applicant shall revise the landscape plan to show a total of 39 overstory trees within the vehicular use area. Trees may be added to the west side within Outlot C if their installation does not damage root systems of existing trees within that area. Waytek, Inc. Planning Case 06-27 July 18, 2006 Page 10 of 12 14. A row of four conifer trees shall be added north of the parking spaces in the northwest corner of the loading dock area. 15. Tree preservation fencing is required to be installed prior to any construction around existing trees along Galpin Boulevard, Outlot C and any trees preserved along the north property line. 16. All landscape plantings along Galpin Boulevard shall be field located as to not damage existing plantings. 17. The bufferyard plantings along the north property line shall be spread out between the property line and the building to provide screening in depth. 18. Areas proposed for the preservation of existing trees shall not be sodded. 19. The developer must install a storm sewer stub south of CBMH 6. 20. The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right-of-way. 21. The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. 22. The outstanding balance of the Park Dedication Fees for Parcels A and B must be paid with the building permit. The amounts are $82,600.14 for Parcel A and $29,579.78 for Parcel B. 23. The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. 24. A revised grading plan must be submitted with the building permit application. 25. Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. 26. Eight -inch watermain must be looped around the building. This watermain shall be privately owned and maintained. 27. Sanitary sewer and water hookup are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. These fees may be specially assessed against the parcel at the time of building permit issuance. 28. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel 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. Waytek,Inc. Planning Case 06-27 July 18, 2006 Page 11 of 12 29. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 30. Builder must comply with Fire Prevention policies numbers 4, 6, 7, 29, 84, 36, 40, 49 and 52. 31. Drive aisle widths shall be a minimum of 26 feet." ATTACHMENTS 1. Findings of Face and Recommendation. 2. Development Review Application. 3. Reduced Copy Site Plan Sheet Al. 4. Reduced Copy Floor Plan Sheet A2. 5. Reduced Copy Exterior Sheet A3. 6. Reduced Copy Preliminary Grading Plan Sheet C2. 7. Reduced Copy Preliminary Landscape Plan Sheet Ll. 8. Chanhassen West Business Park Concept Plan Revised Block 1. 9. Letter from Chip Hentges, Carver Soil & Water Conservation District to Robert Generous dated 6/27/06. 10. Memo from Mark Littfin to Robert Generous dated 7/7/06. 11. Public Hearing Notice and Mailing List. gAplan\2006 planning cues\06-27 waytek\staff report waytek.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION I` LU; Application of Eden Trace Corporation for Site Plan Review for a 110,000 square -foot one-story office warehouse building — Waytek, Inc. On July 18, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Eden Trace Corporation for a site plan review for a 110,000 square foot office -warehouse building on the property located at 2440 Galpin Court. The Planning Commission conducted a public hearing on the proposed site plan was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development, PUD. 2. The property is guided by the Land Use Plan for office/industrial. 3. The legal description of the property is: Lot 3, Block 1, Chanhassen West Business Park, Carver County, Minnesota and a portion of Lots I and 2, Block 1, Chanhassen West Business Park, Carver County, Minnesota described as follows: All that part of Lots 1 and 2, Block 1, Chanhassen West Business Park, north of the following described line: Beginning at the northwest comer of Lot 2, Block 1, Chanhassen West Business Park, thence South 09 degrees 52 minutes 22 seconds east a distance of 93.52 feet to the point of beginning of the line to be described, thence South 89 degrees 15 minutes 58 seconds east a distance of 521.55 feet more or less to the east lot line of Lot 1, Block 1, Chanhassen West Business Park, and there terminating. 4. Site Plan Review Findings a. The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official mad mapping, and other plans that may be adopted; b. The proposed development is consistent with the site plan review requirements; c. The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2) The amount and location of open space and landscaping; 3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f. The proposed development 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 #06-27 dated July 18, 2006, prepared by Robert Generous, et al, is incorporated herein. review. RECOMMENDATION The Planning Commission recommends that the City Council approve the site plan ADOPTED by the Chanhassen Planning Commission this 18`s day of July, 2006. CHANHASSEN PLANNING COMMISSION M Its Chairman CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION r�cr ac AppliGant Name and Address: Ede, Tace cae . $t54 Mellor if ei+�llerre.. M.; Contact: �{i. aeA �l,d<rtxdl Phone: 4SZ 36( 0722 Fax: 45-1 -36( 07Z3 Email: �IAhdcstad c cc�{-uco ��n;N G,,y Planning Case No. 0(0 -Q- 1 4-- Oto-OG CITY OF CHANHASSEN PK- "tom RECEIVED C .t,. JUN 1 6 2006 CHANHASSEN PLANNING DEPT Owner Name and Address: kn a"+rk . :T�i'L. -7� 6G6 %Aod1hre / l ,11a. k A+ .p . ' MN 55 3 07 Contact: Cab La,.,a� Phone: Q52 cr44 O 7K Fax: `0,44 a Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) _ Vacation of Right-of-Wa Easements AC) Interim Use Permit (]UP) Variance (VAR) Non -conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits _ Notification Sign $��,.-' Sign Plan Review (City to install and remove) X Escrow for F' ' g F es/Attorney Cost" Site Plan Review (SPR)* - $50 CUP I' A, AR/WAP/Wetb%_& Bounds p 1 - $450 Minor S Subdivision* Amtn ,SLID, 3 IO�S TOTAL FEE $ 1 Z- ) An additiona ee o 3.00 per a ress c hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. c+_„race NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: LOCATION:�7�V�Ctn�QSSe� Wes-% SS Park LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 1b0 000 SVtAQre -too't oT--7ce_/wcLrekatASe J�cX%+y. 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 speck ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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. Cn►, c-16-oto Si nature of Applicant Date Signature of Fee Owner k / , Date Qbd+:A9C /`w"- �' Rev. 12105 G:�pLAMforms Development Review Application.DOC Proposed Office / warehouse for: Chanhassen west Business Park Addition Overall 51te Plan •�yc eaoJecrxmecrs n. m�o.....,w ra.w.m chematic 51te Plan xx gx ri�LME £ n. UNE� f EDEN TRACE eim Y.uorvarm um+irmm. wrmai� woi ximm ru rvmi miaiu �.uxw mw. �auaumw,w Site Plan Submittal 6 1606 �� Al |L 39 @EAUWVATIGN SOUTH ELEVATION- WE5T ELEVATION E%iB1011 F+BIeCM®1.1.E p O^ Oo 0 "'m tq)Ml0AL ENTRY ELEVATION w..a (pW TH E llUWMAN ARCHITECTS bo„» wso... EDEN TRACE aiNx�»m Wcw�»ir ani»�mv wrw»�mv 6 ^oecrwum.. aua OKVN»W. »1�w qyn rnm^. Site Plan Submfnal 616-06 VJ �♦ i d$�p� ;:??I i�Pi E _6 a YL FiEt P P dhill' y$�pvppgpe �' o¢S o46o6 QQ[QQ�Q2pQI o¢6o¢ '�jj 9 �E IjI�16t!%IiIS �� °° • is+p -i ��5 j �e ��y$ $sc� y�� e€fig E 4 t§ 3pp dg Y�r3 s If a s ip i� 6 Pe pisg3p #�ppI P �EP P � ��� y8 Y Fa�' ���a ppp P d ���'ge 9�9q�qE�5p. �9 � �§? �p8�� p�p •�°9�p� S i if IF! !g 80 ypp$$ FS P� ppg F�$ Y gF E 9 5�l 4� lilt ��� IN!, it f "i" �!liiI g� g; �s; II,! WIN ¢d ± �a, z � ;B® �{ad eI bf¢�q58q@ - O❑ leJ o arms O LTMAN ULVD. CHANHASSEN WEST BUSINESS PARK CONCEPT PLAN REVISED BLOCK 1 CARVER IATIOA DISTRICT June, 27, 2006 Robert Generous, Senior Planner City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Waytek Inc ��.t%Og Ca,.` 219 East Frontage Road 4 1946 1%% Waconia, MN 55387 0 m Phone:952-442-5101 o4nty So Fax: 952-442-5497 htta://www.co.carver.mn.us/SWCD/SWCD maln.html Mr. Generous: The SWCD has taken the opportunity to review the Waytek plans.. Please review and consider the following comments and suggestions regarding erosion and sediment controls and NPDES compliance. Erosion Control - A temporary cover of seed and mulch will be required on all areas within 14 days of rough and or final grade for any exposed soils or if any exposed soils are not actively worked within a 14 day time period. This should be part of the plan, as the site is planned for sod and experience has shown that sodding the site is the last thing to be completed after the trees and landscapes are placed. Sediment Control - Details should be shown on the plan for temporary inlet controls for all proposed catch basins. Curb side catch basin details are noted, but none for beehive catch basins. Additional existing CB's immediately adjacent to the project must be protected as well. (Steel plates over manholes are not an option). - Any sediment tracked upon paved surfaces must be scraped and swept within 24 hours. - Plans should include a designated concrete washout area and or plans on how the development will handle the concrete wash water. - Plans should indicate that inlet protections need to be installed within 24 hours of installation. Storm Water Pollution Preventive Plan SWPPP - A NPDES permit is required for this development as it is over an acre in size, and be applied for and received from the MPCA by the owner and operator of the site. The current developer has the NPDES permit for the overall site and may wish to transfer the permit to new developer. Rain Garden area The rain garden should be part of a project sequencing plan to protect the site from compaction, and that the garden will not be built until 70% of the site is protected from sediment runoff. The plans did not indicate a planting plan for the garden, was one submitted? AN EQUAL OPPORTUNrrY EMPLOYER If there are any questions or if I can be of further assistance please contact the SWCD office. Sincerely, Chip Hentges Conservation Technician cc. Lori Haak, Don Asleson, City of Chanhassen (email) CITY OF CIIA RSSEN MEMORANDUM T700 Market Boulevard PO Box 147 Chanhassen, MN 55317 TO: Robert Generous, Senior Planner Administration Phone: 952.227.1100 FROM: Mark Littfin, Fire Marshal Fax: 952.227,1110 DATE: July 7, 2006 Building Inspections Phone: 952.227.1180 Fax 952.227.1190 SUBJ: Waytek Inc. request for a site plan approval for a 99,458 square foot one story office/warehouse building. Applicant Eden Trace Engineering Corporation. Phone: 952.227.1160 Fax: 952.227,1170 Planning case: 06-27 Finance PFax:955227.1110 Fax:952.227.1110 I have reviewed the site plan for the aboveproject. In order to comply with the P P Y Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or Part 1t Recreation city ordinance/policy requirements. The site plan is based on the available information Phone:95227.1110 Fax952.227.111p submitted at this time. If additional plans or changes are submitted, the appropriate P code or policy items will be addressed. Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 1. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, Fax:952.227.1404 trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. Planning & This is to ensure that fire hydrants can be quickly located and safely operated by Natural Resources firefighters. Pursuant to Chanhassen City Ordinance #9-1. Phone: 952.227,1130 Fax:952.227.1110 2. Fire apparatus access roads and water supply for fire protection is required to be Public works installed. Such protection shall be installed and made serviceable prior to and 1591 Park Road during the time of construction except when approved alternate methods of P200 Fax:952.227.1310 Protection are provided. Senior Center 3. Builder must comply with Fire Prevention policies numbers 4, 6, 7, 29, 84, 36, Phone:952.227.1125 Fax: 952.227.1110 40, 49 and 52. Copies enclosed. Web Site www.ci.chanhassen.rnn.us gAsalety\jW\plrev06-27 The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gieal place to live, work, and play. CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT NOTES TO BE INCLUDED ON ALL SITE PLANS Fire Marshal must witness the flushing of underground sprinkler service line, per NFPA 13 2002 10.10.2.1 2. A final inspection by the Fire Marshal before a Certificate of Occupancy is issued. 3. Fire 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 fire detection and fire suppression 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 I 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. Hi - iled combustible storage shall comply with the requirements of Article #23 of the Minnesota International Fire Code. 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. Fire lane signage shall be provided as required by the Fire Marshal. (See policy #06-1991). I I. Maximum allowed size of domestic water service on a combination domestic/fire sprinkler supply line policy must be followed. (See policy #36-1994). Revisions, 5/15/03, 3/22/05 Notes For Site Plan 04-1991 Page 1 of 1 CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 CHANHASSEN FUZE DEPARTMENT POLICY # 06-1991 REQUIREMENTS FOR FIRE LANE SIGNAGE 1. Signs to be a minimum of 12" x 18". NO PARKING 2. Red on white is preferred. FHtE LANE 3. 3M or equal engineer's grade reflective sheeting on aluminum is preferred. 4. Wording shall be: NO PARKING FIRE LANE 5. Signs shall be posted at each end of the fire 0" lane and at least at 100 foot intervals along the fire lane. 6. All signs shall be double sided facing the direction of travel. 7. Post shall be set back a minimum of 12" but not more than 36" from the curb. (NOT TO' GRADE 8. A fire lane shall be required in front of fire dept. SCALE) connections extending 5 feet on each side and along all areas designated by the Fire Chief. ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN WRITING, WITH A SITE PLAN, FOR APPROVAL BY THE FIRE CHIEF. IT IS THE INTENTION OF THE FIRE DEPARTMENT TO ENSURE CONTINUITY THROUGHOUT THE CITY BY PROVIDING THESE PROCEDURES FOR MARKING OF FIRE LANES. Revisions 6/10/02 3/22/05 Fire Lane Instillation 06-1991 Page 1 of 1 CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT POLICY REGARDING PRE -PLAN Prior to issuing the Certificate of Occupancy, a pre -platy site plan shall be submitted to the Fire Department for approval. The following items shall be shown on the plan. 1) Building footprint and building dimensions 2) Fire lanes and width of fire lanes 3) Water mains and their sizes, indicate looped or dead end 4) Fire hydrant locations 5) P.I.V. - Fire Department connection 6) Gas meter (shut-off), NSP (shut off) 7) Lock box location(s) 8) Fire walls, if applicable 9) Roof smoke vents, if applicable 10) Interior fire walls 11) Exterior doors (garage doors also) 12) Location of fire alarm panel 13) Sprinkler riser location 14) Exterior L.P. storage, if applicable 15) Haz. Mat. storage, if applicable 16) Underground storage tanks locations, if applicable 17) Type of construction walls/roof 18) Standpipes 19) Fire Department make up exhaust controls for parking garages 20) Smoke evacuation system controls 21) Elevator shafts 22) Special Fire Suppression System Room 23) Interior Roof Access 24) Attic Access Hatch 25) Outside emergency generators SIZE: l lxl7, 81/2 xll or larger plans will be accepted. A digital version in group 4 TIFF format may be required to be submitted with the paper version of the plan. PLEASE NOTE: Plans with topographical information, contour lines, easement lines, property lines, setbacks, right-of-way lines, headings, and other related lines or markings, are not acceptable, and wi l be rejected Revisions 6110/02, 322/05 Pre -Plans 07-1991 Page 1 of 1 CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT POLICY PREMISES IDENTIFICATION General 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. Other Requirements - General 1. Numbers shall be a contrasting color from the background. 2. Numbers shall not be in script. 3. If a structure is not visible from the street, additional numbers are required at the driveway entrance. Size and location must be approved. 4. Numbers on mail box at driveway entrance may be a minimum of 4". However, requirement #3 must still be met. 5. Administrative authority may require additional numbers if deemed necessary. Residential Requirements (2 or less dwelling unit) 1. Minimum height shall be 5 inches. 2. Building permits will not be finaled unless numbers are posted and approved by the Building Department. Premises Identification 29-1991 Pagel of 2 Commercial Requirements 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. Minimum height of 6 inches. 3. If address numbers are located on a directory entry sign, additional numbers will be required on the buildings main entrance. a. Signage on overhead/ delivery doors will also be required. Revisions 6/10/02 3/22/05 Premises Identification 29-1991 Page 2 of 2 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 BUILDINGS 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 I 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. 4) Water main flushing shall be witnessed by the utility superintendent. a) Watermain flushing may be scheduled by contacting the utility Water Service Installation 34-1993 Page 1 of 2 superintendent at 952-227-1301. 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 2002 NFPA Sec. 10.10.2.1. Contact the Chanhassen Fire Marshal at (952) 227-1151. 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 turn on or off contact the utility superintendent by phone (952) 227-1308. A 24-hour notice is required. Revisions 6/12/02 3/22/05 Water Service Installation 34-1993 Page 2 of 2 CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952) 227-1150 FAX: (952) 227-1190 MAXMtUM 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 I/:" domestic off 6" line. 3. 2" domestic off 8" line. 4. 2'/z 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. Revisions 6/10/02 3/22/05 Combination Water Service Lines 36-1994 Page 1 of 1 CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. P.O. BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT POLICY FIRE SPRINKLER SYSTEMS 1. Extinguishing systems for kitchen hoods, spray booths and similar locations require a separate permit. 2. A minimum of two sets of plans is required. Send, or drop off plans and specifications and calculations to: Fire Inspections Attn: Mark Littfin, Fire Marshal City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen, MN 55317 3. Post indicators are required and must have tamper protection. 4. All control valves must be provided with tamper protection. 5. All system tests must be witnessed by the Chanhassen Fire Marshal. Appointments can be made by calling the Fire Marshal at (952)-227-1150 between 8:00 AM and 4:00 PM, Monday through Friday. Please try to arrange tests at least 24 hours in advance. 6. Main drains and inspector test connections must be piped to the outside atmosphere. 7. Water may not be introduced into sprinkler piping from the City main until the Fire Marshal witnesses a flush test per NFPA 2002 10.10.2.1. 8. The City of Chanhassen has adopted Chapter 1306 including item El of the Minnesota State Building Code. 9. The entire sprinkler system must be designed and installed per current applicable standards, i.e. 13, 13D, 13R and current Minnesota State Building Code, Chapter 9. Fire Sprinkler Systems 40-1995 Page 1 of 3 10. All equipment installed in a fire protection system shall be UL listed or factory mutual approved for fire protection service. 11. Fire protection systems that are hydraulically calculated shall have a 5 psi safety factor at maximum system flow. 12. Include spec sheets for fire sprinkler heads -dry pipe/pre-action valving. 13. The definition of inspection is contained in MN Rule 7512.0100 Subpart 10, and states that inspection means: • Conducting a final acceptance test. • Trip test of dry pipe, deluge or pre -action valves. • A test that an authority having jurisdiction requires to be conducted under the supervision of a contractor. Only licensed fire protection contractors are permitted to conduct these tests. • All other inspections including the inspector's test, main drain and other valves are permitted under MN Rule 7512.0400 Subpart-2G, as maintenance activities and do not require a license as a fire protection contractor. • Rough -in inspection required if piping or hangers will be concealed. • 2 hour 200# wet pressure test including the fire department connection. • 24 hour air pressure test (for dry systems only) • System must be 100% tested prior to calling for inspection. • 2 hour 200 # wet pressure test of dry pipe systems. 14. A UL 72 certificate is required for sprinkler monitoring. 15. A zone map will be required for all multi -riser systems. The map must be permanently mounted adjacent to the sprinkler riser. 16.On Spec Warehouse projects: • Ordinary group 2 designs will be accepted for the shell building. • Upon tenant finish, a review for storage height and commodity class will need to be reviewed for proper sprinkler protection. 17. Back flow prevention devices must be one of the following per Minnesota State Plumbing Code Sec. 4715.2110: RPZ (reduced pressure zone) DCVA (double check valve assembly) 18. Sprinkler contractor is responsible for choosing the appropriate density and for the accuracy of hydraulic calculations. Fire Sprinkler Systems 40-1995 Page 2 of 3 19. Sprinkler systems with specialized design criteria (i.e. high pile storage, flammable liquids) must include a code analysis of the proposed design including specific code references. 20. Exterior combustible decks on R-1 apartment buildings shall have sprinkler protection above. 21. Dry valve trip test -water to flow from inspector's test within 60 seconds on systems containing more than 750 gallons. Accelerators and/or exhausters will be required if the 60 second requirement is not met. Revisions 6/10/02 3/22/05 Fire Sprinkler Systems 40-1995 Page 3 of 3 CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. P.O. BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT POLICY DOOR SIGNAGE Required signage for the following doors and exit corridors: 1. Doors to electrical rooms: "Electrical Room No Storage Allowed By order of the Fire Marshal" 2. Doors to Mechanical Rooms: "Mechanical Room No Storage Allowed By order of the Fire Marshal' 3. Back exit doors: "Emergency Exit Door Do Not Block By order of the Fire Marshal" 4. Note — Rooms that have multiple uses may be required to have additional signage, e.g. Electrical Room, Fire Sprinkler Control Valves, Roof Access, and Mechanical Room. The Fire Marshal will determine the appropriate language. 5. Letters must be a minimum of "2" high and of contrasting color to the background. Any deviation of lettering must have Fire Marshal approval. 6. Additional signage may be required in the following areas. Walls in exit paths, corridors and stairs will be required to have the following wording on the sign; "Emergency Exit - No storage allowed in this area by order of the Chanhassen Fire Marshal'. Placement of the signs will be determined by the Fire Marshal and installed prior to receiving the certificate of occupancy. Revisions 6/12/04, 3/24/05 Door Signage Page 1 of 1 CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952) 227- 1150 FAX: (952) 227-1190 PROJECT: ADDRESS: OCCUPANCY TYPE: OCCUPANCY: CONTACT NAME: ADDRESS: PHONE: FAX: E-MAIL: New Construction/Remodel for Commercial Plan Review Submittal Criteria FP 52-2005 Page 1 of 3 FIRE DEPARTMENT POLICY NEW/EXISTING CONSTRUCTION/REMODEL AND PLAN SUBMITTAL CRITERIA FOR COMMERCIAL BUILDING 1. Submittals for building permits must include detailed information relating to the proposed use and occupancy classification of the building. 2. Complete and submit a Hazardous Materials Inventory Statement documenting the quantities and classifications of hazardous materials to be used or stored inside or outside of the facility. Hazardous materials must be classified according to the Minnesota Fire Code. Yes _ No _ N/A 3. Provide a storage arrangement plan describing materials to be stored, the quantities and heights of storage. Storage of combustible materials exceeding 12' in height and storage of high hazard commodities exceeding 6' in height must meet the requirements of the Minnesota Fire Code. A completed high -piled storage worksheet is required Yes _ No _ N/A 4. Provide a list of special operations such as welding, cutting and other hot -work, battery charging stations, application of combustible or flammable finishes, dip -tank operations, laser use, medical gas use and storage, etc. Yes _ No _ N/A 5. Provide floor plans indicating locations and specifications of equipment such as spray booths, industrial ovens, commercial cooking equipment, exhaust hoods, dust collectors, parts cleaning equipment, forklift and industrial battery charging stations, etc. Yes _ No _ N/A 6. Provide floor plans showing locations of roof and attic access, electrical and mechanical rooms, sprinkler riser rooms, fire alarm control panels, annunciator panels and portable fire extinguishers. Yes_NoN/A 7. Provide signage for doors opening to rooms containing roof and attic access, electrical and mechanical equipment, sprinkler control assemblies, fire alarm control panels and annunciator panels shall be clearly labeled. This may require interior and/or exterior doors to be labeled. Yes _ No _ N/A 8. Install a Knox or Dama brand fire department key box on the building in an approved location no higher than 6 feet above grade. For single tenant buildings, the box should be mounted near the main entrance. For multi -tenant buildings, the box should be mounted near the fire department connection. Contact Fire Marshal for exact location. Yes No N/A 9. Post approved signage for fire lanes as required by fire inspection staff. Yes _ No _ N/A 10. Comply with Chanhassen Fire Department/Fire Prevention Policy 29-1991 regarding Premise Identification. Yes No N/A 11. Provide furniture flammability and smoke development information for Group A and I occupancies. Yes_No_N/A_ 12. A separate permit is required for all above ground or below ground tanks. Submit manufacturer's information and detailed plans. All equipment must be UL listed Yes _ No _ N/A _ New Construction/Remodel for Commercial Plan Review Submittal Criteria FP 52-2005 Page 2 of 3 13. Provide fire extinguishers as required by the Minnesota Fire Code. Multi -purpose extinguishers require a minimum rating of 4A60BC and must be spaced with maximum travel distance of 75 feet from any point to a fire extinguisher. K-class portable fire extinguishers are required in commercial kitchens. D-class portable fire extinguishers shall be installed in machine shops. Yes _ No _ N/A 14. Provide fire sprinkler plans and hydraulic calculations. A separate Fire Department permit is required. See the Automatic Fire Sprinkler Handout for additional requirements. Yes _ No _ N/A 15. Provide fire alarm plans and specifications. A separate Fire Department permit is required. All equipment must be UL listed. Systems must be NFPA 72 compliant and have two means of signal transmission. See the fire alarm system handout for additional requirements. Yes _ No _ N/A 16. Fire alarm system must be centrally monitored, and the monitoring company must be able to differentiate between a sprinkler waterflow alarm and other fire alarms, such as manual pull stations and smoke detectors. Yes _ No _ N/A 17. Fire alarm control panels shall be protected with a smoke detector near the panel. Yes No N/A 18. Upon installation, all fire protection systems shall be pre -tested before calling for an inspection. If during the inspection any fire protection equipment fails to function properly, the inspection will need to be rescheduled and a re -inspection fee may be charged Yes _ No N/A 19. See attached requirements or additional items listed below: 20. The following contact information must be provided with all plans: Contractor Phone Building Owner Phone Business Owner Phone Architect Phone Fire Protection Engineer Phone 4/01/2005 New Construction/Remodel for Commercial Plan Review Submittal Criteria FP 52-2005 Page 3 of 3 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on July 6, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Waytek, Inc. — Planning Case 06-27 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swom to before me this I I1 {h day of Q 2006. I Notary Pub Kay J. En lh t, De Clerk E-.'I KIMTEUWISSEN otary P!licl!nnesotaCommission Expires Jen 31, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time•' Tuesday, July 18, 2006 at 7:00 P.M. This hearing may not start until later In the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for Site Plan Review approval for a 110,000 square - foot one-story office warehouse building — Waytek, Inc. Applicant: Eden Trace Corporation Property 2440 Galpin Court in Chanhassen West Business Palk Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the W What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/Dian/06-27.html. If you wish to talk to someone about this project, please contact Bob Questions & Generous by email at boenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, 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 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 commerciallndustdal. • 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 Staff person named on the notification. Date & Time: Tuesday, July 18, 2006 at 7:00 p.m. This hearing may not start until ' later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Site Plan Review approval for a 110,000 square - Proposal: foot one-story office warehouse building — Waytek, Inc. Applicant: Eden Trace Corporation Property 2440 Galpin Court in Chanhassen West Business Park Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1 • Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sery/l)lan/06-27.html. If you wish to talk to someone about this project, please contact Bob Generous by email at benerous@ci.chanhassen.mn.us or by Questions & phone at 952-227-1131. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerclalAndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any Interested pemon(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. wiscfaimer This map is neither a legally recorded map nor, a survey and is not intended to be used as one. This map is a conpuatim of records, infonni ion and data located In various city, county, state and federal Offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent Mat the GIS Data can bar used for navigational, tracking or any other purpose requiring tuning measurement of distance or direction or precision in Me depiction of geographic features. If errors or discrepancies are found please contact 962-227-1107. The preceding declaimer is proi pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknewfedges that the City shall not be liable for any damages, and enWreesly waives all claim, and agrees to defend, inderrnity, and hold harmless the City from any and all Gains brought by User, its employees or agents, or Mint parties winch arse out of the users access or use of data provided. SuW This map is nmMer a legally recorded map nor a survey antl is not intended to be used as one. This mrep is a compilation of records, information and data located in various city, county, slate and federal offices and other sources regarding Me area shoran, and is to be used for reference purposes only. The City does not wanant that the Geographic Information System (GIS) Data used to prepare Nis map are error free, and the City does not represent that the GIS Data can be used for navigational, tacking or any other purpose requiring emoting measurement of distance or direction or precision in the depiction of geographic features. 6 errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer, is provided pursuant to Minnesota Statutes §466,03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all chins, and agrees to defend, indemnity, and hntl haml the City from any and all darts brought by User, its employees w agents, w Mid parties wiich arse out of the users access or use of data wovided. CHARLES L & BARBARA C NICKOLAY KARILYNN KIRMEIER WILLIAM J & SUSAN O OLSON 2420 BRIDLE CREEK TRL 2410 BRIDLE CREEK TRL 2403 BRIDLE CREEK TRL CHANHASSEN, MN 55317 -9369 CHANHASSEN, MN 55317 -9369 CHANHASSEN, MN 55317 -9369 DAVID G & YAEL M RUBIN MARK ALLEN SUNDQUIST RODDY Y & LAURIE L W ZIVKOVICH 2345 STONE CREEK LN W 2374 STONE CREEK DR 2337 BOULDER RD CHANHASSEN, MN 55317-7413 CHANHASSEN, MN 55317-7403 CHANHASSEN, MN 55317-7401 THOMAS V & BEVERLY L ANTILLEY JOEL E & HEIDI M LEHRKE ROGER A & GAYLEEN M SCHMIDT 2361 STONE CREEK DR 2329 BOULDER RD 8301 GALPIN BLVD CHANHASSEN, MN 55317-7403 CHANHASSEN, MN 55317-7401 CHANHASSEN, MN 55317-8413 JEFFREY A & CYNTHIA L OLSON GINO R TENACE & SCOTT T MURPHY & 2520 BRIDLE CREEK TRL ROBIN S MARSH-TENACE LORI A BOETTCHER-MURPHY CHANHASSEN, MN 55317 -9372 2557 BRIDLE CREEK TRL 2550 BRIDLE CREEK TRL CHANHASSEN. MN 55317 -9372 CHANHASSEN, MN 55317 -9372 CURTIS J & MARGARET A ZOERHOF REILLY M DILLON & STEPHEN D & PATRICIA V PETERS 2530 BRIDLE CREEK TRL STEPHANIE GIMBLE-DILLON 2536 BRIDLE CREEK TRL CHANHASSEN, MN 55317 -9372 2542 BRIDLE CREEK TRL CHANHASSEN, MN 55317 -9372 CHANHASSEN. MN 55317-9372 DAVID E & MONICA L KILBER ALEXANDER D DONALDSON & STEVEN G & DEBORAH A WATTS 2470 BRIDLE CREEK TRL ELETA M DONALDSON 2563 BRIDLE CREEK TRL CHANHASSEN, MN 55317 -9369 2460 BRIDLE CREEK TRL CHANHASSEN, MN 55317 -9372 CHANHASSEN, MN 55317-9369 MICHAEL C & KRISTIN M MATTSON CRAIG W & DANA A JOHNSON FRANK J & REBECCA A LAENGLE 2660 BRIDLE CREEK TRL 2450 BRIDLE CREEK TRL 2440 BRIDLE CREEK TRL CHANHASSEN, MN 55317-9372 CHANHASSEN, MN 55317-9369 CHANHASSEN, MN 55317-9369 WILLIAM G & KAREN N LOOMIS JAY & FAITH M CUTLER SCOTT & AMY C KAEHLER 2567 BRIDLE CREEK TRL 2430 BRIDLE CREEK TRL 2380 BRIDLE CREEK CIR CHANHASSEN, MN 55317 -9372 CHANHASSEN. MN 55317 -9369 CHANHASSEN, MN 55317 -9338 GENE M & BEVERLY G HERMES SCOTT P & LESLIE M LOEHRER JEFFREY L & HANNAH R CROMETT 2571 BRIDLE CREEK TRL 2370 BRIDLE CREEK CIR 2471 BRIDLE CREEK TRL CHANHASSEN, MN 55317-9372 CHANHASSEN, MN 55317-9338 CHANHASSEN, MN 55317-9369 CLARENCE E & LIEVA L SCHMIDT CRAIG V & NINA F WALLESTAD ANGILBERTO HERNANDEZ & 2461 BRIDLE CREEK TRL 2475 BRIDLE CREEK TRL LAURIE HERNANDEZ CHANHASSEN, MN 55317 -9369 CHANHASSEN, MN 55317 -9369 2451 BRIDLE CREEK TRL CHANHASSEN, MN 55317-9369 THOMA JOELLE J RADERMACHER 8 PAUL M & CONSTANCE M PALMER BARRY & MARY L LABOUNTY 2479 BRIDLE LE CREEK RADERMACHER 2360 BRIDLE CREEK CIR 2421 BRIDLE CREEK TRL CHA BRIDLE CREEK TRL CHANHASSEN , MN 55317 -9338 CHANHASSEN , MN 55317 -9369 CHANHASSEN , MN 55317 -9369 RODNEY H & JANICE C MELTON MARK & CHRISTINE FISCHER CALVIN DISCHER 2413 BRIDLE CREEK TRL 2407 BRIDLE CREEK TRL 5476 WOODLAND RD CHANHASSEN , MN 55317 -9369 CHANHASSEN , MN 55317 -9369 MINNETONKA , MN 55345 -5658 RICHARD B BURY SAMUEL O & KIMBERLY A STIELE JEFFREY D & REBECCA R BRICK 4175 TRILLIUM LN E 2375 BRIDLE CREEK CIR 2365 BRIDLE CREEK CIR MOUND, MN 55364 -7730 CHANHASSEN , MN 55317 -9388 CHANHASSEN , MN 55317 -9338 CHARLES E & DIANA L KIRCHOFF KEVIN M & CATHLEEN A DILORENZO WILLIAM G JR & PAMELA FRANZEN 2355 BRIDLE CREEK CIR 2382 STONE CREEK LN W 2370 STONE CREEK LN W CHANHASSEN , MN 55317 -9338 CHANHASSEN . MN 55317 -7413 CHANHASSEN . MN 55317 -7413 JAMES A & LAURIE LISIGNOLI CHARLES O & ERIN M BUSALACCHI TOM & SOMMANA MONTHISANE 2356 STONE CREEK LN W 2342 STONE CREEK LN W 2381 STONE CREEK LN W CHANHASSEN , MN 55317 -7413 CHANHASSEN , MN 55317 -7413 CHANHASSEN , MN 55317 -7413 RICHARD B & CHRYSAUNA A BUAN WILLIAM A & LORRAINE RODRIGUEZ BRIAN C & SALLY L SNABB 2369 STONE CREEK LN W 2357 STONE CREEK LN W 2333 STONE CREEK LN W CHANHASSEN , MN 55317 -7413 CHANHASSEN . MN 55317 -7413 CHANHASSEN , MN 55317 -7413 THOMAS E & MARY K WITEK JEFFREY J & ABIGAIL M WILSON JAMES D & TRACI L LEONARD 2318 STONE CREEK DR 2332 STONE CREEK DR 2360 STONE CREEK DR CHANHASSEN , MN 55317 -7403 CHANHASSEN , MN 55317 -7403 CHANHASSEN , MN 55317 -7403 JOHN F & LAURIE SULLIVAN JOSHUA T KRIENKE & DANIEL J & PAMELA J CULHANE 2346 STONE CREEK DR CHRISTINA A KRIENKE 2333 BOULDER RD CHANHASSEN , MN 55317 -7403 2375 STONECREEK DR CHANHASSEN , MN 55317 -7401 CHANHASSEN . MN 55317 -7403 SARA K MORLOOMANS K & CHARLENE A STENDER STEVEN J & NANCY J CAVANAUGH 2325 B BOULDER RD 2321 BOULDER RD 2441 BRIDLE CREEK TRL 2325 BOULDER RD CHANHASSEN , MN 55317 -7401 CHANHASSEN , MN 55317 -7401 CHANHASSEN , MN 55317 -9369 PETER & LUANN SIDNEY VOLK-MINGER PROPERTIES LLC CHAN WEST II LLP 2431 BRIDLE CREEK TRL 2218 LUKEWOOD DR 8156 MALLORY CT CHANHASSEN , MN 55317 -9369 CHANHASSEN , MN 55317 -8425 CHANHASSEN , MN 55317 -8586 MP DEVELOPMENT LLC 2218 LUKEWOOD DR CHANHASSEN, MN 55317-8425 Public Hearing Notification Area (500 feet) 2440 Galpin Court in Chanhassen West Business Park Waytek, Inc. Planning Case No. 06-27 City of Chanhassen CTan NMuePmsarve ca 0 r t � ri e eeq s,:.ve ca ec Subject ��• — ro Property v a 9 v (1 aCrrk D� 9 Lyman BNd (C. R. 18) Yea' B� v rO 9 i c � � d N Y N T/r L L U � t p. U O U U 9 GANOPY / FASGIA / GORNIGE: PR.EFINI5HED METAL COLOR GOLONIAL RED Willi, L I i �r „i.t lI -- " .,, AC,GENT SILL BLOGK: 3URNISHED GONGORD RED ENTRI' EXP05ED A06REOATE �REGAST CONGRETE PANELS / =TArf SON^ -P," X 4&" IMPRINT MAIN CITY OF CHANHASSEN STAFF REPORT PC DATE: 07/18/06 [2 CC DATE: 08/14/06 REVIEW DEADLINE: August 15, 2006 CASE #: 06-27 BY: AF, RG, LH, TH, ML, JM, JS PROPOSAL: Request for Site Plan review approval for a 110,000 square -foot one-story office warehouse building — Waytek, Inc. LOCATION: 2440 Galpin Court .4w APPLICANT: Eden Trace Corporation Waytek, Inc. 8156 Mallory Court 7660 Quattro Drive Chanhassen, MN 55317 Chanhassen, MN 55317 (952)361-0722 (952)949-0765 PRESENT ZONING: Planned Unit Development, PUD 2020 LAND USE PLAN: Office/Industrial ACREAGE: 7.4 DENSITY: F.A.R.0.34 SUMMARY OF REQUEST: The developer is requesting site plan approval for an approximately 110,000 square feet, one-story, 30 feet to top of parapet, exposed aggregate — ribbed and smooth finished tilt -up concrete, office -warehouse building on 7.4 acres. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets those standards, the City must then approve the site plan. This is a quasi-judicial decision. sc"NED Waytek, Inc. Planning Case 06-27 July 18, 2006 Page 2 of 11 PROPOSAU/SUMMARY The developer is requesting site plan review for an approximately 110,000 square -foot, one-story with a mezzanine level, 30 feet to top of parapet, exposed aggregate — ribbed and smooth finished tilt -up concrete, office -warehouse building. The proposal is for a single tenant user; however, the parking standards applied would permit a multi -tenant building with up to 30 percent office space. In conjunction with the development, the developer is consolidating the northern parts of Lots 1 and 2, Block 1, with this lot. This lot line adjustment is not a subdivision because a new lot is not being created and will be approved administratively. The revised lot lines will create drainage and utility easements that are not at the new lot line. The developer is requesting, separately, a vacation of the drainage and utility easement. In conjunction with the easement vacation, the City will require the dedication of new drainage and utility easements along the new property line. The property to the north is a residential single-family subdivision, Trotters Ridge, which is zoned Planned Unit Development -Residential. The property to the east, across Galpin Boulevard, is a residential single-family subdivision, Stone Creek, which is zoned Single -Family Residential. The property to the south and west is part of the Chanhassen West Business Park development and is zoned Planned Unit Development. There is an "L-shaped" storage pile of dirt located on the northern portion of the site that will be removed with the development of the property. Water and sewer service was provided to the site as part of the Chanhassen West Business Park development. The site was rough graded as part of the subdivision. There is a band of trees along Galpin Boulevard that is being preserved as part of the overall subdivision. The proposed development complies with the Chanhassen City Code and the development design standards. Staff is recommending approval of the site plan. APPLICABLE REGUATIONS Chapter 20, Article 11, Division 6, Site Plan Review Chapter 20, Article XXIH, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Developments Chanhassen West Business Park Development Design Standards I �I:MI("IM11-11 On September 29, 2005 the Chanhassen City Council approved the final plat for Chanhassen West Business Park creating 8 lots, 3 outlots and associated right-of-way for public streets. On August 22, 2005, the Chanhassen City Council approved the following: Waytek,Inc. Planning Case 06-27 July 18, 2006 Page 3 of 11 Rezoning of the property located within the Chanhassen West Business Park from Agricultural Estate District (A-2) to Planned Unit Development (PUD) incorporating the development design standards contained within the staff report; Preliminary Plat for Chanhassen West Business Park, plans prepared by Schoell & Madson, Inc., dated June 17, 2005; and Wetland Alteration Permit to fill and alter wetlands within the development, plans prepared by Schoell & Madson, Inc., dated June 17, 2005. GENERAL SITE PLAN/ARCHITECTURE ARCHITECTURAL COMPLIANCE Size Portion Placement Building entrances are enhanced through the use of projected entrance features that incorporate changes in material from a base of burnished concrete block, aluminum store front frames with insulated glass, decorative curved metal bands above the entries, smooth poured concrete panels with smooth bands and recessed smooth decorative accent squares and a raised corniced parapet. Building articulation is accomplished through the enhanced entrance architectural detailing, projected window treatments in the office area on the southern end of the building, which mimic the entrance architecture on a lower scale, smooth surfaced columns spaced around the building and changes in the aggregate color from red in the ribbed panels to buff in the smooth panels. Material and Detail Building materials consist of tilt -up, exposed aggregate concrete panels with ribbed and smooth finishes. Entrances are highlighted through the use of burnished block at the base and above the doors. Accents are smooth bands around the building, narrow smooth bands above the entrances and imbedded in the area above the entrances and in the columns smooth decorative colonial red details. Color The primary building material is uniform ribbed, red exposed aggregate concrete panels. The area above the entrances and at the columns is a smooth finished, buff (sand colored) exposed aggregate. The curved metal canopies and cornices are pre -finished metal in colonial red. The accent detail above the entrances and in the columns are also colonial red. The accent sill block is a burnished concord red. The block under the entrance windows is burnished hickory. Height and Roof Design Building height is one story and 30 feet. Roof articulation is provided through the stepping of the parapet height at the entrances with cornice treatments at the top of the projected office Waytek,Inc. Planning Case 06-27 July 18, 2006 Page 4 of 11 windows, on the columns and at the top of the entrances. A curved metal canopy is located at the entrances. Mechanical equipment is screened through the use of low profile units, placed 381h feet from the edge of the roof and the use of parapets around the building. Facade Transparency 50 percent of the first floor elevation that is viewed by the public includes transparent windows and/or doors. All other areas shall include landscaping material and architectural detailing and articulation. Overstory trees should be added every 40 feet along the north building elevation to help break up the expanse of wall. Additionally, high, overhead windows should be added on the northern building elevation between the smooth bands to provide natural light within the building and additional architectural articulation to the building fagade. Site Furnishing Community features include an employee patio with benches and tables located in the southwest corner of the building. The developer needs to connect the internal sidewalks to the public sidewalk in Galpin Court. Loading areas, refuse area, etc. Screening of service yards, refuse and waste removal, other unsightly areas and truck parking/loading areas is provided by locating these facilities on the western side of the building. The developer should heighten the retaining wall on the south side of the northerly drive-in overhead door to create a wing wall that is a least 10 feet above the grade of the loading dock area. This wall should extend from the building westerly at least 15 feet then may be stepped downward as it continues west. Landscaping Minimum requirements for landscaping include 9,810 square feet of landscaped area around the parking lot, 21 landscape islands or peninsulas, 39 trees for the parking lot, and bufferyard plantings along the north and east property lines. 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 landsca area 9,810 s . ft. >9,810 s . ft. Trees/ parking lot 39 overstory trees 21 overstory trees Islands/parkingIslands/parking lot 21 islands or peninsulas 21 islands/peninsulas The applicant does not meet minimum requirements for trees in the parking lot area. Staff recommends that the applicant increase the number of trees in the parking lot to meet minimum landscape requirements. A row of conifer trees should be added north of the parking spaces in the northwest corner of the loading dock area. Areas proposed for the preservation of existing trees shall not be sodded. Waytek, Inc. Planning Case 06-27 July 18, 2006 Page 5 of 11 Required plantings Proposed plantings Bufferyard D — north property 13 overstory trees 18 overstory trees line, 430' length 26 understory trees 40 understory trees 39 shrubs 65 shrubs Bufferyard C — east property 13 overstory trees Existing trees and shrubs line, 660' 33 understory trees 9 overstory trees 33 shrubs 21 understory trees 35 shrubs Applicant meets minimum requirements for bufferyard plantings along the north and east property lines. Staff recommends that all plantings along Galpin Boulevard be field located as to not damage existing plantings. The bufferyard plantings along the north property line should be spread out between the property line and the building to provide screening in depth. Six additional trees shall be provided along the northern building fagade. Lot Frontaae and Parking Location The site fronts on both Galpin Boulevard and Galpin Court. While the entrance to the site is from Galpin Court, the building is oriented toward Galpin Boulevard. This orientation of the building provides the public facade to Galpin Boulevard, an arterial road. Parking is distributed around the building. The applicant is showing the striping of 159 parking spaces. In addition, 55 proof of parking spaces are required to meet the estimated parking requirement for the building. The proof of parking is provided primarily on the western side of the building. There is sufficient area to provide 26 of the additional parking spaces along the western property line, across from the loading docks, rather than scattering the parking in the southeast, southwest and west of the building. Staff recommends that the proof of parking north and west of the outdoor patio area be deleted. ACCESS STREETS Galpin Court was constructed with the Chanhassen West Business Park development. The Waytek development will access Galpin Court at two locations. GRADING/DRAINAGE The site was mass graded with the Chanhassen West Business Park development. Minor grading modifications are required for the proposed building and parking area. The first floor elevation of the Waytek building is consistent with that shown on the final plat plans. The grading plan identifies a berm on the north side of the building, extending four to ten feet high. The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. A revised grading plan showing these changes must be submitted with the building permit application. Waytek,Inc. Planning Case 06-27 July 18,2006 Page 6 of 11 Runoff from the site will be conveyed via private storm sewer to the pond located in the southwest corner of Chanhassen West Business Park. The pond has been excavated and has the capacity to treat the runoff generated from this site. Retaining Walls The plan identifies a retaining wall at the southwest comer of the building. The top and bottom of wall elevations is not shown on the plans. Staff estimates the maximum height of the wall to be approximately three feet. Another retaining wall is shown along the northeast property line. The maximum height of this wall is six feet, which is consistent with the Chanhassen West Business Park final grading plan. Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. Erosion Control A temporary cover of seed and mulch will be required on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. Sediment Control The plans should show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project must be protected as well. Steel plates over manholes are not an acceptable form of inlet protection. Plans should indicate that inlet protection needs to be installed within 24 hours of inlet installation. All sediment tracked upon paved surfaces must be scraped and swept within 24 hours. Plans should include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. Storm Water Pollution Preventive Plan (SWPPP) An NPDES Construction Site Permit is required for this development as it is over an acre in size and should be applied for and received from the MPCA by the owner/operator of the site. The current developer has the NPDES permit for the overall site and may wish to transfer the permit to the owner/operator. Rain Garden The area in which the rain garden is proposed should be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden should not be built until at Waytek, Inc. Planning Case 06-27 July 18, 2006 Page 7 of 11 least 70% of the contributing area is stabilized. The applicant should submit a planting plan for the garden. UTILITIES Lateral sanitary sewer and watermain were installed within Galpin Court in conjunction with the Chanhassen West Business Park development. Two eight -inch diameter watermain and one eight -inch diameter sanitary sewer stub were installed to the Waytek property. The sanitary sewer will be extended to the west side of the building. Eight -inch watermain must be looped around the building. This watermain shall be privately owned and maintained. Sanitary sewer and water hookup fees are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. LIGHTING/SIGNAGE Site lighting consists of 25-foot tall, prefinished metal light poles on two -foot bases with shoe - box style, downcast light fixtures. Wall pack light fixtures are proposed over the loading dock stairs. Decorative light fixtures are located at building entrances. The lighting must be shielded to prevent off -site glare. A monument sign is proposed at the entrance off Galpin Court. The monument sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. Monument signs shall be a minimum of 15 feet from the property line. Wall signage will be limited to the areas above the building entrances. Signage must comply with the PUD standards and City Code requirements. A separate sign permit application is require for all signage. MISCELLANEOUS The building is required to have an automatic fire extinguishing system. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. Detailed occupancy related requirements will be addressed when complete plans are submitted for building permit review. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. LOT SPLIT/COMBINATION- EASEMENTS AND PARK DEDICATION Due to the size of the proposed building and adjacent parking, the applicant is requesting to add a portion of Lots 1 and 2, Block 2 to Lot 3, Block 1, referenced as "Parcel A" in this report. The remaining area south of Lot 3 will become one lot, referenced as "Parcel B" in this report. The existing drainage and utility easements on Lots 1 through 3 must be vacated, as shown on Sheet C1 of the submittal. The drainage and utility easement along the south side of Lot 3 is 15 feet wide to accommodate a proposed storm sewer pipe that will carry runoff from Lots 1 through 3. This pipe will be installed along the south side of the Waytek property. The Waytek, hic. Planning Case 06-27 July 18, 2006 Page 8 of 11 developer must install a storm sewer stub to the south so that the property to the south can connect to the storm sewer system when it's developed. The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right- of-way. The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. The proposed drainage and utility easements shown on Sheet Cl are consistent with City requirements. A portion of the Park Dedication Fees, $40,150, was paid in cash with the final plat with the remaining balance of $319,350 being paid with the building permit based on the lot area. The total area of all lots within the subdivision is 28.61 acres. The Park Dedication Fees for Parcels A and B are as follows: Parcel A: (7.40 acres - 28.61 acres) x $319,350.00 = $82,600.14 Parcel B: (2.65 acres = 28.61 acres) x $319,350.00 = $29,579.78 COMPLIANCE TABLE PUD Waytek, Inc. Building Height 2 stories 1 story 30 feet 30 feet Building Setback N - 100' E - 50' N - 100' E - 120' W-30'S-0' W-128'5-77 Parking Stalls 214 stalls 159 stalls plus 55 stalls shown as proof of parking Parking Setback N - 100' E - 50' N - 10T E - 50' W-10' S-0' W-12' S-5' Hard Surface Coverage 70% 69% Lot Area I acre 7.4 acres RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and adoption of the attached findings of fact and recommendation: `"The Planning Commission recommends approval of Planning Case Site Plan #06-27 for a one- story, approximately 110,000 square -foot office -warehouse building, plans prepared by Houwman Architects, dated 6-16-06, subject to the following conditions: Waytek,Inc. Planning Case 06-27 July 18, 2006 Page 9 of 11 1. The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The developer shall extend the sidewalk from the building to the sidewalk on Galpin Court and include pedestrian ramps at all curbs. 3. The building is required to have an automatic fire extinguishing system. 4. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 5. The developer shall heighten the retaining wall on the south side of the northerly drive-in overhead door to create a wing wall that is a least 10 feet above the grade of the loading dock area. This wall shall extend from the building westerly at least 15 feet then may be stepped downward as it continues west. 6. A temporary cover of seed and mulch shall be established on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. 7. The plans shall show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project shall be protected as well. Plans shall indicate that inlet protection shall be installed within 24 hours of inlet installation. 8. All sediment tracked upon paved surfaces shall be scraped and swept within 24 hours. Plans shall include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. 9. An NPDES Construction Site Permit shall be applied for and received from the MPCA by the owner/operator of the site. 10. The area in which the rain garden is proposed shall be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden shall not be built until at least 70% of the contributing area is stabilized. The applicant shall submit a planting plan for the garden. 11. High overhead windows shall be added on the northern building elevation between the smooth bands. 12.Overstory trees shall be added every 40 feet along the north building elevation. 13. The applicant shall revise the landscape plan to show a total of 39 overstory trees within the vehicular use area. Trees may be added to the west side within Outlot C if their installation does not damage root systems of existing trees within that area. Waytek,Inc. Planning Case 06-27 July 18, 2006 Page 10 of 11 14. A row of four conifer trees shall be added north of the parking spaces in the northwest corner of the loading dock area. 15. Tree preservation fencing is required to be installed prior to any construction around existing trees along Galpin Boulevard, Outlot C and any trees preserved along the north property line. 16. All landscape plantings along Galpin Boulevard shall be field located as to not damage existing plantings. 17. The bufferyard plantings along the north property line shall be spread out between the property line and the building to provide screening in depth. 18. Areas proposed for the preservation of existing trees shall not be sodded. 19. The developer must install a storm sewer stub south of CBMH 6. 20. The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right-of-way. 21. The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. 22. The outstanding balance of the Park Dedication Fees for Parcels A and B must be paid with the building permit. The amounts are $82,600.14 for Parcel A and $29,579.78 for Parcel B. 23. The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. 24. A revised grading plan must be submitted with the building permit application. 25. Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. 26. Eight -inch watermain must be looped around the building. This watermain shall be privately owned and maintained. 27. Sanitary sewer and water hookup are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. These fees may be specially assessed against the parcel at the time of building permit issuance. 28. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel 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. Waytek, Inc. Planning Case 06-27 July 18, 2006 Page 11 of 11 29. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 30. Builder must comply with Fire Prevention policies numbers 4, 6, 7, 29, 84, 36, 40, 49 and 52. 31. Drive aisle widths shall be a minimum of 26 feet." ATTACHMENTS 1. Findings of Face and Recommendation. 2. Development Review Application. 3. Reduced Copy Site Plan Sheet Al. 4. Reduced Copy Floor Plan Sheet A2. 5. Reduced Copy Exterior Sheet A3. 6. Reduced Copy Preliminary Grading Plan Sheet C2. 7. Reduced Copy Preliminary Landscape Plan Sheet Ll. 8. Chanhassen West Business Park Concept Plan Revised Block 1. 9. Letter from Chip Hentges, Carver Soil & Water Conservation District to Robert Generous dated 6/27/06. 10. Memo from Mark Littfin to Robert Generous dated 7/7/06. 11. Public Hearing Notice and Mailing List. g:\plan\2006 planning case \06-27 wayteMstatr report waytekAoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION i Application of Eden Trace Corporation for Site Plan Review for a 110,000 square -foot one-story office warehouse building — Waytek, Inc. On July 18, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Eden Trace Corporation for a site plan review for a 110,000 square foot office -warehouse building on the property located at 2440 Galpin Court. The Planning Commission conducted a public hearing on the proposed site plan was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development, PUD. 2. The property is guided by the Land Use Plan for office/industrial. 3. The legal description of the property is: Lot 3, Block 1, Chanhassen West Business Park, Carver County, Minnesota and a portion of Lots 1 and 2, Block 1, Chanhassen West Business Park, Carver County, Minnesota described as follows: All that part of Lots 1 and 2, Block 1, Chanhassen West Business Park, north of the following described line: Beginning at the northwest corner of Lot 2, Block 1, Chanhassen West Business Park, thence South 09 degrees 52 minutes 22 seconds east a distance of 93.52 feet to the point of beginning of the line to be described, thence South 89 degrees 15 minutes 58 seconds east a distance of 521.55 feet more or less to the east lot line of Lot 1, Block 1, Chanhassen West Business Park, and there terminating. 4. Site Plan Review Findings a. The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b. The proposed development is consistent with the site plan review requirements; c. The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; SCANNED r d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2) The amount and location of open space and landscaping; 3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f. The proposed development 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 #06-27 dated July 18, 2006, prepared by Robert Generous, et al, is incorporated herein. review. RECOMMENDATION The Planning Commission recommends that the City Council approve the site plan ADOPTED by the Chanhassen Planning Commission this 18m day of July, 2006. CHANHASSEN EW 2 v Planning Commission Meeting — July 18, 2006 PUBLIC HEARING: PLANNING CASE 06-27, EDEN TRACE CORPORATION. Public Present: Name Address LuAnn & Peter Sidney Bill Olson Ben Merriman Sue Marlock Bob Lamoreaux Mike, Peter, John, Wayne & Mark Larson Bang LaBounty Rod Zivkovich Laura Sp 2431 Bridle Creek Trail 2403 Bridle Creek Trail 8155 Mallory Court 2325 Boulder Road 7660 Quattro Drive 7660 Quattro Drive 2421 Bridle Creek Trail 2337 Boulder Road Mark Undestad removed himself from the Planning Commission for this item. Bob Generous presented the staff report on this item. McDonald: Thank you. Debra? Larson: I don't have any questions. McDonald: Go ahead. Dillon: Just one comment. I mean in terms of the proposed trees near the parking lot. There were quite a few less trees proposed from what the regular guidelines are. So looking at some of the other areas, there are more trees but you know why, what was the deal with that? Generous: That's just how they originally designed it. The conditions that they'll need to comply. I think the parking lot, with the additional parking lot islands on the south side, we can get some more trees in there. However we are also looking at the potential for revegetating the open space in Outlot C with more native trees and where that berm extends into the open area, we'd like to see additional trees planted in that also so. We think it's a win/win because Outlot C is part of this development was a common outlot for all the lots and so if they needed to get additional green space, they could take it from that property. And so now we get some additional landscaping in that. McDonald: Mr. Keefe? Keefe: On a related note. Just, what is the height of the berm. I recall from when we looked at this before, didn't we have some language in there that talked about visual height and what the Planning Commission Meeting — July 18, 2006 view, particularly I think from the north side and I'm just wondering if that was considered or, I thought that was made part of the design requirements. And so I guess you know I just want to get a full understanding of what the height of the berm is and where the trees are and what sort of the visual will look like from the north end. Can you give us any sense on that? Generous: Well Alyson can talk about the height of that I believe. Fauske: Commissioner Keefe, as far as your question of the height of the berm, it ranges from 4 to 10 feet high. And then I can, I don't have a cross section available that would give you any idea as far as elevation. Just looking at the grading plan here, if you look at the back yards of the homes to the north, it's approximately 10 feet high from the ground of their back yard to the top of the berm. Keefe: Okay, and then types of trees. It will be a mix of. Generous: It will be deciduous and conifers in there. And also they originally showed that buffer immediately adjacent to the property line. One of our recommendations is that they spread that out, as well as provide additional trees up next to the building. Keefe: So you get this kind of stand. Generous: Yeah, you get a little depth to your screening and as they grow, they sort of fill in. It's a little better than just a narrow row of landscaping. As well as we think they can raise the elevation of that berm a couple more feet by, when they do the extension. They have plenty of dirt out on the development so. Keefe: And then on the east side, it's only landscaping? No berm? Generous: It will come down, in the northeast corner of the site there's that existing stand of vegetation and we really prefer that that remain. It's pretty dense in there. It may not be year round but it is you know right now you can't see through that area and we'd prefer that that not come out. Keefe: Okay. McDonald: With that, is the applicant present? I have no questions by the way, so if the applicant wishes to come forward. Ben Merriman: Good evening. I'm Ben Merriman. I'm with Eden Trace Corporation, and I'll just briefly go through the project. I think Bob's done a real good job of explaining. There's a couple of things I'd like to go into with regard to the berm. A couple of other things of details on the plan. On the building itself, we've used a number of different materials. We've got, it's a pre -cast or poured wall, but they're exposed aggregate and we've used a couple of different types of exposed aggregate, and then we've also used some smooth faced areas in it as well. The smooth faced areas you can see are in these areas here, over the entryways, and these columns. These are actually fake columns and they're used in there. We've also got a lot of cornices os,41AA Planning Commission Meeting — July 18, 2006 through in here, so we've got a lot of architectural to the building. We've given a lot of breaks because it is a fairly long building. We've given it a fair number of breaks throughout there with the entries and these column posts. Waytek is the company that's going to be moving into the facility and they're currently in Chanhassen. They're on Quattro Drive. They've expanded once in their current facility and now they've outgrown it and so the building is for them and they feel it will serve them for years to come. We do have, as Bob pointed out, office area that Waytek's main entrance is in the southeast corner, and this is a view of their entrance, and they will have office in this comer of the building. It's 110,000 square feet. It's on 7.9 acres. We have about 31% green area, and the balance is asphalt and building, so we're in compliance there. I'd kind of like to talk a little bit about the berm area because that's probably an area that we're going to do a little bit more work in. We're going to have about a 4 to 9 foot berm, which we can increase some along in here, but we'd like to make some few corrections. As Bob pointed out, there's a stand of trees in this comer down here, and there's a house back in here and he's going to be facing pretty much towards this parking lot and so I think he's here tonight, but we could increase the berm right through this area to hide the parking and the corner of this building. If we take out a few of these trees in the comer, we could also increase the berm and then plant perhaps some evergreen trees and those which, these are deciduous trees and they're going to lose their leaves during the winter. The evergreens would hold and so we could do that for this corner of the building. As we pointed out, there's a wing wall that's going to extend out into this area here, and we'll extend that wing out and then the berm will extend out this way and it may meander a little bit. There's a large tree here, and you can see it's hard on this drawing but you can see the drip line of that tree. We may change this corner a little bit to try to stay away from the center of this tree. Try to save that tree, and then extend maybe the berm in here. Most of the trees that you see are all lined up right on the property line down here, and that probably will not be the end result. We'll move a lot of these onto this berm here. If it exceeds 9 or 10 feet in height, we may have some problems trying to keep trees on that berm. We can plant bushes but if you plant trees on the top of a berm, it gets a little bit tricky in trying to keep them alive, but there is a, we can plant additional trees up in here and extend that berm and maybe raise it up a little bit. With regard to sight line. Do you have full scale plans here? Generous: The revised one? Ben Merriman: Well I think either one. If you'll look, it will be, can you get this detail? Here's a detail of the berm. This is the north wall of the building itself, and then the berm comes up to approximately 9 to 10 feet and then slopes back down. This is the sight line from the property line, so if you're right here in 6 foot of height, here's what you were looking at. Now this berm goes back. This wall, this comes up a little bit and then the homes sit in here so, you were asking about the a sight line and this is a sight line that the architect has prepared. And that's with a 9 foot berm, and we're going to play that with a little bit. So just to give you an idea of what that looks like. On the east side we've got a number of trees that are being planted here. There's a large grove of trees that continue in here. We're going to put a retaining wall along on one section through in here, and then parking. But this is a fairly significant drop off and doesn't taper down to grade with Galpin until you get down into this area in through here. So we think we've done an adequate job of lining up trees, with the existing to mitigate any view of the building from the neighborhood that exists over in here. This area, we've hidden the loading docks with these two. The wing walls here and it faces out into Outlot C, which is never to be 0 Planning Commission Meeting — July 18, 2006 developed. So that should work out quite well. I think that's pretty much it unless you have some, oh lighting. I'd like to cover lighting a little bit. There are no lights on the north wall of this building. There are wall packs throughout the building and they face downward and they're for security and safety reasons. We're going to eliminate any pole lighting that was originally planned in the parking lots and just go with the wall lighting. This will help in deferring light off into the neighborhood so we think that will help a great deal. Keefe: What height are those placed on the building? Ben Merriman: You know I don't think it's actually been determined exactly what height but I would suspect that they're probably going to be 15 feet in the air. On the building. Facing downward. They're kind of a can light, or not a can light but a covered light that faces downward so it doesn't reflect and light directly out. There is no paint on this building. It's entirely pre -cast or exposed aggregate, metal and then all aluminum windows and doors. I think that pretty much covers it. Is there any questions I might be able to answer? McDonald: We'll find out. Keefe: Just one quick question. Is there a single, you said Waytek is going to be the tenant. Is, or the owner I presume. Ben Merriman: They are the owners. Keefe: And is it anticipated it will be a single user? Ben Merriman: They may lease out some of the space for a time. They haven't made out the final decision. The owners of the company are here and so I'm sure I can get one of them to come up and answer any questions about their plans for the building. The complete ownership. McDonald: Kevin, any questions? Dillon: On the roof of the building, are there like air conditioners or you know that type of things? And if so, how will they be intrusive or how is that going to be screened? Ben Merriman: Yes there are. If we get back to this drawing again down here, it kind of gives you an idea. Can you zoom in just a bit? Okay, great. This is actually an air conditioning unit right here. And this is a parapet and so the wall comes up and the roof attaches here and the parapet extends beyond the roof. What that does is take care of any sight lines, so those air conditioners units are set far enough back from the parapet, or the edge of those buildings that they're not visible. McDonald: No questions? The only question I had was a comment you made about the lighting in that front parking lot. You said that there will not be lighting there. Only on the building itself. Is that going to be sufficient for the safety of that parking area at night? Planning Commission Meeting — July 18, 2006 Ben Merriman: Yes. Well, the lighting can be increased. The number of lights and the intensity of the lights can be increased so that it covers the parking area but doesn't extend beyond the parking area. And so that's quite easily accomplished, and the other alternative is to go with poles. Put poles out and then put, it's called a shoe box light on there and then it floods light downward. It'd be a little bit more intrusive to ... pole lights than with a shoe box, even though it defers light straight down and we do a study of the lights so it doesn't penetrate past the boundary of the property, it's still going to be more of a view than if they were wall packs on the building itself. McDonald: Okay. I just wanted to make sure that at least the parking lot's going to be illuminated enough at night so that employees can go in and out safely. Ben Merriman: Yes, there will be. McDonald: Okay. That's all the questions that I have. At this point then I would open it up to the public and ask anyone to come forward with comments and again, state your name and address and please address the Chair. Okay, seeing no one come forward. Peter Sidney: Sorry. McDonald: Okay, I'll unring the bell. Peter Sidney: I was waiting to see if anyone else would come up. I'm Peter Sidney. I live at 2431 Bridle Creek Trail, and so we are about here. On the corner of the building and the parking lot and the Outlot C. There are a few concerns and questions that I wanted to raise. One has to do with the berm height, and I don't know, I'm obviously not an expert so I don't know what is possible but I recall that in the earlier discussions of this property there had been talk of a berm of 15 feet high or something like that because we have expressed concerns about shielding the residential properties on the north side of the building. So I would ask about that. And in terms of extension of the berm to the west, we have a tree that is near the lot line and we would ask that any extension of the berm does not go within the drip line of this tree, which does, the drip line does go into Outlot C and so we would want that not to, not to interfere with the roots of that tree. We have a little bit of concern with the northwest corner of the parking area and Ben has addressed it to a certain extent, but there are some very large oak trees near the property line that are in Outlot C, which according to this plan looks like they're going to be lost and we would want to encourage the developer and the owner to minimize the loss of trees there. I'd also like to emphasize that in terms of the roof top equipment, the parapet will apparently screen the sight of the equipment on top and the view, but we also have concerns about screening for the sound and if there's anything that can be done in terms of screening the equipment itself to mitigate any sounds from that. And I just wanted to confirm, it sounded from what Ben said that the, on the north side there will be no lighting, and I just want to confirm that. Also a question to the owners of Waytek. What will the hours of operation be for the new building, or what are they the current hours of operation? And then I noticed that in the plan, in the document from the staff that this can be a multi tenant building, and I wanted to ask about what plans there might be related to that, and on the plan it looks like there are multiple entrances all along the building and I just wanted to confirm that that was the case. Finally related to the northeast corner wing wall, 6i Planning Commission Meeting — July 18, 2006 on the plan here I'd be curious how far out 10 feet goes and then also how high that wing wall would be. And I think those are all the concerns and questions that I wanted to raise. Thank you Mr. Chairman. McDonald: Okay. Does anyone else wish to come forward? Come on up. Laura K.: I'm Laura ... and we're at 2384 Stone Creek Lane West. And my question involves the 18 wheelers that are going to be running out of there and I'm curious about how many are expected to run up Galpin. I mean there's Bluff Creek School is right there, and then you've got plans for a Chanhassen High School, and those big semi trucks, which I'm understanding are going to be the result of this company, don't seem to go along with kids driving and also the fact that there's schools there, so I'm wondering if any concerns were addressed along those lines. McDonald: Does anyone else wish to come up and make comment? Bill Olson: My name's Bill Olson. I'm at 2403 Bridle Creek Trail. We just moved in in March, and have subsequent been absorbed into this rather fast. I guess my question to the council and belief in the council is just that in your best taste and interest to the community that that wall that they're proposing on the northeast side, to add that and take out some of those bigger trees, whether it's summer or winter, still a 30 year old tree does provide nice coverage and would rather see as many of those stay as possible. Other than that, that's it. McDonald: Okay, thank you. Barry LaBounty: Hello. My name's Batty LaBounty. I live at 2421 Bridle Creek Trail, which is the house that will be directly facing the development here, and I guess my concerns tonight are primarily is the height of the building. It's pretty significant and if the parapet that's planned is not tall enough, I'll actually be looking right out from my bedroom window and be able to see a sea of air conditioning units across a very large building, and so I'd like to have hopefully some consideration there along with as Peter Sidney mentioned, the sound screening for those fans that will be running constantly. Today we can hear the Chaska development with all the businesses over there from my house. You can hear those quite significant. Also if possible have the owner of the business maybe give some sort of statement on the amount of shipments that go out daily. The hours of operation. Kind of the type of shipments that go out. Is it typically LTL shipments? Is it UPS? FedEx? What hours are they picking up during the day and night? And as far as the berm height goes, again it was mentioned at one time possibly getting a berm height as high as 15 feet. I think as well the higher that berm height is, the more sound that's going to absorb. As you can see now, the berm height's probably 30 plus feet. We do not hear much sound today so it's certainly when they lower that, the sound is much greater. And again reiterate that the wing wall being of enough length and height to hopefully block any significant truck traffic that would be moving in and out of the area at those times. Thank you. McDonald: Thank you. Does anyone else wish to come forward and make comment? Okay, seeing no one, this time I will close the public meeting and will bring the issue back before the commissioners for discussion. Kurt, I'll start with you. Planning Commission Meeting —July 18, 2006 Papke: So just, so we're not going to allow the owners to come up and answer any of the questions about hours of operation? Does that make sense to continue that at all? McDonald: That would be perfectly fine at this point. I'm okay with that. Papke: I think there were a number of the residents raised concerns about shipments and hours of operation and stuff like that. I think it's probably worth touching on. Bob Lamoreaux: Good evening council. My name's Bob Lamoreaux. I'm President of Waytek. There are four owners. They are here. I'm the President. Right now we've been a corporation resident of Chanhassen since '88? Wayne Larson: '89. Bob Lamoreaux: Since ' 89. Right now our hours of operation are 7:00 a.m. to 6:00 p.m. Monday through Friday. General rule of thumb, we do not work weekends. On occasions someone might be in, in the office doing something but general rule of thumb we don't. As far as the number of shipments. A majority of our shipments are going out UPS, FedEx. One pickup from each truck. We do probably about 10 or 15 other semi's might come in deliver or pick up during the day. Papke: Are these 18 wheeler sized semi's or are these more the UPS size trucks or some mixture of the two? Bob Lamoreaux: Mixture of the two, yeah. Right now we only have 3 loading docks so. Papke: How many employees do you expect to peak out at? Bob Lamoreaux: Oh boy, peak out at? I'd love to peak out at 100 or so. Right now we have 48 employees. Papke: Okay. Okay. So you expect to eventually double in size would be. Bob Lamoreaux: Yeah, right now we're a 49,000 square foot building. When we moved into the building it was. Wayne Larson: 25. Bob Lamoreaux: 25? Thanks Wayne. So 25 and we added 10 employees. Now we're at 50 and we are at 48. Papke: Okay. Keefe: Are you anticipating sub -leasing part of the building then? Planning Commission Meeting — July 18, 2006 Bob Lamoreaux: Initially right now we're not. The building is kind of designed if we had to or something happened, we can. Right now we're not planning on it. But if we did, it would be at the north end of the building because we are, our offices and everything at the south end. Actually the north end of the building right now will not have any air conditioning units on the roof. All the air conditioning units will be at the north, south end. The inside the warehouse will all be hanging furnaces. No air conditioning in the warehouse. So that's kind of the plan right now. The only air conditioning will be in the offices at the south end. Are there any other questions on this? Keefe: I've got just a couple questions on the site plan, and I'm not sure if you'd be the right person. Maybe the staff can help out but you know there's a comment around the oak trees on the certain northwest corner. You know given that they're expanding the parking on the south end, does the pavement need to continue out as far as it did? It'd be a way to potentially retain some of those trees or? Generous: Well you could cut back on the parking lot in that area. And also there's construction techniques to make less of an impact to the trees. And we'll work with them on revising that, and they're up for it. Like with the revisions to that parking area on the south, over... Keefe: Yeah, that's what I was wondering. I mean you really need to have the asphalt going out as far as it is on that north end, taking out more trees presumably. That's what's happening. Generous: Yeah, they're pretty close to the elevation they'd be in out there so. Ben Merriman: As long as you don't object to parking, that's fine with us. We have that there because we needed parking spots to meet code, and Bob knows more about it than I do. Keefe: Right, yeah so the addition on the south end would you know mean that you tend to cut back a little bit on that northwest corner possibly. Maybe consider you know... Ben Merriman: The odds of anyone parking up there are very slim because all the employees are going to be down in this area. Keefe: I mean it looks like there's a couple of trees that may exist there, at least from the, those 2 that are just to the left there. Ben Merriman: Yeah, these here. Keefe: Yeah, right. Would those come out or are they, would you save a quarter of the tree or? Ben Merriman: ...we could leave those as proof of parking, okay so that they're not, they're not developed now. If they're needed in the future, we could, we have the liberty of going in there and adding them but we leave them as proof of parking and then curve the radius point here, and just do a radius. We need to be able to get semi trucks and so that needs to be able to work, but the architect can make this work in this comer so that this tree can be saved and we'll try to stay 0 Planning Commission Meeting — July 18, 2006 out of the drip line as much as we can of this, and then we can mitigate the damage through construction techniques so, that shouldn't be too much of a problem. Keefe: There was also one comment that I heard, I think on one significant one on the east side. I'm not aware of what that might have been but. Ben Merriman: On the northeast? Keefe: Yeah. I thought there might have been. Ben Merriman: And I have to, on one hand sit down with the owner and go through this and he's here tonight and he expressed an interest here. We can leave this grove of trees the way it is right now pretty much, primarily. Or we could put in a retaining wall. Take out some of the trees and put in some spruce trees, which you know hold cover during the winter. It's kind of his option, and we'll work with them. The same as we'd like to work with the residents back here about how this berm is constructed and what it looks like and how it undulates through here. Keefe: That's good to hear. Get some input from the local residents. Okay. McDonald: Okay? Thank you very much for coming forward. Debbie. Larson: A couple of the residents brought up the berm height. Was it 15 feet? I don't remember that. Keefe: I thought we put in language. Papke: Yeah, I suggested some language that we try to prevent sight line issues which, you know judging from the drawing that we saw, I don't recall the exact language of it but it at least satisfied the spirit of what we were trying to get to when the PUD was approved, which is to try to permit you know, obviously the, you know if you're up on a second story bedroom looking down, you're going to see some portion of the building. I don't know that we can put a building in this location and say you're not going to see the building at all but. Larson: Right. Well I mean and, Ben made a point. Is it Ben? Ben. No, you just made a point that the higher the berm, that it's harder to keep trees alive and so I understand and I think that it's best that we don't. I've seen them before with a row of dead trees sitting on top of them. Papke: Yeah, that was going to be my, one of my primary comments was you know, I think we're going to have to let city staff and the developer mediate out so that we maximize the screening here and not end up with a 15 foot berm with a row of naked trees. Larson: Dead trees, right. Papke: Yeah, that's not a great sight. We'll entrust the developer and city staff to work through that. 10 Planning Commission Meeting — July 18, 2006 Larson: Okay, that's all I have. Papke: Other than that, my main concern with this development was just the scale of the building. You know going from 3 buildings in this, in what we originally approved when we approved the PUD to 2, this one is bigger and it's physical presence from Galpin is going to be a little bit more substantial. But I think developers have done a great job with working on the aesthetics of the building. With providing visual contours, parapets, columns, etc so I think they've done, you know I don't know that you could do a lot more with an industrial building to break it up and provide visual appeal than what they've done, so I think they've done a great job with that. I don't have any reservations. You know certainly when we approved the PUD there was a lot of discussion about the screening. There was a lot of discussion about the traffic, but I think the design meets the spirit of what we approved when we approved the PUD so I have no concerns. McDonald: Okay. Keefe: I think the developer's done a great job here and I really like the attitude of working with the local residents, particularly with the berm and the screening. I commend you for doing that. That's terrific. Sometimes we don't get development teams in here who are willing to necessarily do that and be proactive that way. That's great so. Look forward to this building going up and continuing your work in the city. Appreciate it. McDonald: Kevin. Dillon: The only, one of the residents talked about the traffic with the trucks and all that and we haven't heard a lot about that you know from other people tonight, and the new school and everything is going in nearby. I mean was, being a relatively new member of this commission I haven't heard any previous discussions about what do the people in the school think about you know traffic from trucks, because this is a business park area and so this is nothing new. I mean were there concerns about placing a school with the trucks? McDonald: Well all of this was discussed when we did the initial PUD and we asked for a traffic study and we looked at the way the roads were going to be put together and actually Lyman Boulevard is scheduled for an upgrade because it is going to be an access road off of 312 or 212, so all of this was evaluated. In fact we even asked about another entrance so that there would be two entrances instead of one, and I guess we were shot down by the County on that, as I recall. That because of what they want to do with Lyman, it wasn't possible. We also looked at maybe an entrance and an exit through the park going through the Chaska area, and again because of different ownership, that wasn't possible either. So we did address the issue of traffic, and the school came up at that point. It was more of a rumor I think than anything. It was a possible site, which has now become more solidified. So we did discuss all that at that point and I think we have pretty much exhausted all of our remedies for that but. Papke: The only thing I'd add to that, if you look at our existing schools on Pioneer Trail, lots of truck traffic on that so I think the school system is, you know got a fair amount of experience with coping with that. 11 Planning Commission Meeting —July 18, 2006 Dillon: Other than that, I mean the aesthetics of the building and I agree the attitude of, willingness to collaborate with others is positive so, don't have any other questions or comments. McDonald: Okay, thank you. I guess the only comment I would add is to kind of echo that it is nice for a developer who's willing to listen to the residents. I know that this has been a long and drawn out development and there were a number of individual meetings. There were a number of issues that I have not heard come back today, and the ones that did come back I believe that you have addressed them but the comment I would make to everyone who came up to the mic is that if you wish, you may contact city staff about any of the details of this and that they would be able to fill you in but I think from what the developer's told us tonight, that your concerns have been addressed as best we can I believe so from that standpoint I am, you know again grateful for the fact that we do have a developer that is willing to listen to the neighborhood. With that, does anyone want to make a motion? Larson: Okay. Planning Commission recommends approval of Planning Case Site Plan 06-27 for one story approximately 110,000 square foot office -warehouse building, plans prepared by Houwman Architects dated 6-16-06, subject to the following conditions 1 through 31. Okay? McDonald: Yes, 1 through 31. Papke: Second. Larson moved, Papke seconded that the Planning Commission recommends approval of Planning Case Site Plan #06-27 for a one story, approximately 110,000 square foot office - warehouse building, plans prepared by Houwman Architects, dated 6-16-06, subject to the following conditions: 1. The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The developer shall extend the sidewalk from the building to the sidewalk on Galpin Court and include pedestrian ramps at all curbs. 3. The building is required to have an automatic fire extinguishing system. 4. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 5. The developer shall heighten the retaining wall on the south side of the northerly drive-in overhead door to create a wing wall that is a least 10 feet above the grade of the loading dock area. This wall shall extend from the building westerly at least 15 feet then may be stepped downward as it continues west. 6. A temporary cover of seed and mulch shall be established on all areas of exposed soils not actively worked within a 14-day time period and within 14 days of achieving final grade. 12 Planning Commission Meeting — July 18, 2006 7. The plans shall show temporary inlet control details for all proposed catch basins, including beehive catch basins. Existing catch basins immediately adjacent to the project shall be protected as well. Plans shall indicate that inlet protection shall be installed within 24 hours of inlet installation. 8. All sediment tracked upon paved surfaces shall be scraped and swept within 24 hours. Plans shall include a designated concrete washout area and/or plans on how the development will handle the concrete wash water. 9. An NPDES Construction Site Permit shall be applied for and received from the MPCA by the owner/operator of the site. 10. The area in which the rain garden is proposed shall be part of a project sequencing plan that will protect the rain garden site from compaction. The rain garden shall not be built until at least 70% of the contributing area is stabilized. The applicant shall submit a planting plan for the garden. 11. High overhead windows shall be added on the northern building elevation between the smooth bands. 12. Overstory trees shall be added every 40 feet along the north building elevation. 13. The applicant shall revise the landscape plan to show a total of 39 overstory trees within the vehicular use area. Trees may be added to the west side within Outlot C if their installation does not damage root systems of existing trees within that area. 14. A row of four conifer trees shall be added north of the parking spaces in the northwest corner of the loading dock area. 15. Tree preservation fencing is required to be installed prior to any construction around existing trees along Galpin Boulevard, Outlot C and any trees preserved along the north property line. 16. All landscape plantings along Galpin Boulevard shall be field located as to not damage existing plantings. 17. The bufferyard plantings along the north property line shall be spread out between the property line and the building to provide screening in depth. 18. Areas proposed for the preservation of existing trees shall not be sodded. 19. The developer must install a storm sewer stub south of CBMH 6. 20. The storm sewer downstream of CBMH 6 will not be owned or maintained by the City since it will not convey runoff from a public right-of-way. 13 R Planning Commission Meeting — July 18, 2006 21. The developers of Parcels A and B must enter into a maintenance agreement for this segment of storm sewer. 22. The outstanding balance of the Park Dedication Fees for Parcels A and B must be paid with the building permit. The amounts are $82,600.14 for Parcel A and $29,579.78 for Parcel B. 23. The height of the berm shall be increased and extended to the west to provide additional screening for the existing single-family homes to the north. 24. A revised grading plan must be submitted with the building permit application. 25. Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota. 26. Eight -inch watermain must be looped around the building. This watermain shall be privately owned and maintained. 27. Sanitary sewer and water hookup are due for this site. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. These fees may be specially assessed against the parcel at the time of building permit issuance. 28. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel 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. 29. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 30. Builder must comply with Fire Prevention policies numbers 4, 6, 7, 29, 84, 36, 40, 49 and 52. 31. Drive aisle widths shall be a minimum of 26 feet." All voted in favor and the motion carried unanimously with a vote of 5 to 0. Aanenson: Mr. Chair, just for the record, this is going forward to the City Council on August 10. So anybody that wants to follow the item. And then we'd also ask that the applicant work with the property owners prior to that meeting so we have a little bit more definitive resolution on some of those issues before the council meeting. McDonald: Okay, with that we will go back to the first agenda item. Is the owner, Mr. Loren Veltkamp present? Aanenson: Yes he is. 14 Rug 11 2000 11:29RM SCHOELL MRDSOM (763) 746-1699 p.2 \ "M IZ. BY OTHERS \ R -RI D IAN ' \ c i I R O \ PEDE J� � / I P \ 1+ / \ PROPOSED I O 1 i/ 1SIDEWALK R 0` 111 I 1 1 I O \ �I \ 1 I � \ II '0 / Tom"` \ SX00 10, /I- - �\ /------PEDFSTRIAN RAMP P �� �r s 5.���dr �� � fo � ��vv� �� Fr//h ;i I N _I: J 1 ? » E N ONWMAN Au_ , SchoalI MadM m m - - .. EDEN �.^a .,. ,.n...r.�. TRACE !EY WAYEEE YIC... PRELIMINARY �GRADING PLANY. Proposed Office / Warehouse for: owKatE*.wrNwa�x�yr Chanhassen West Business Park Addition �verali Slte P'an _® x �►.E:oF SGKT DETAJL -- chematic Site Plan nff OF WK DETAIL EDPr mTRACE mwxw. uiwumeaw site Plan subrnittal s-tsos �� Al rJ1.C«610C1" rkuarrT AL z:- 3 MA � u BOLLARD DETAL r,C T DETAIL /. DOCK BTAP SECTION w« w /- ,— .nn.4r�e WALL LKIHT FiXTUFEPACK LKIHT FlXTUFE CIry OF CHMHASSgN RECEIVED JUN 1 6 2006 CHANHASSEN PLANNING DEPT t1UWMAU EDEY TRACE aiwum��+wi+ v �imas�on nuwmwNu �M11T �INMC.___ S 11, I'IL n Submia,i] 6 6 W, �a�re sii'm m ww omm A1.1 nEAsf EL EVA?ION per....,, YoY _000 MOMMEi Emmons \oY\ • uoo _—_ 0 _--_— 0■0■ no _ ..._... I•hnl•L.�� •• i_, o_.. �_�� ila "1.1:_�� i�._i_ ii,_.Gliill�l. 111 111 .. ;I:G' p■I sgLT el_eVnTl°" @WEST ELEVATION (D PYL ENTRY FLEVATION NORrH�.. ELEVATION v^' IMMAN ARCHITECTS awc.me�� EDEN TRACE Site Plan Subnvnal 616-06 owxx omam a� 'RO7ER'S RICGE ..DCI.IOt: --------Fr ------------------� 0 u I ti I �• I I I I � Y t^ I I I 1 �I I I � I I In I I CHANHASSEN WEST BUSINESS PARK SECOND ADDITION I i I I I ul I 4 I I I 1 M I I I I `A' J• F,dr I--- 1` ------� 1 ------- wb 11 1 z 1 s aJ 1 � 1 1 12 1 1 I1., ON 1 � Soo IA NN PTIY 511P 1" N. Y 15.* 116 P 33 W. 5� no �a 1--J L_-1— Wo x+�e 9Y+q �O IM �^ rkt� me aebininq SCHOELL & MADSON, INC. ENGINEERS W SURVEYORS . PLANNERS 5 4 i 3 RC4 I SBwIB' 'E 2 i 1 I III :.vi I'ivi'r I I I� n w c d T, _N --; —1 N.«iinirtie.Mivr Q w'vl�+rai i I � \ \ \ F.F.C-963 I I O —_ I fn LOT INMRYATI(BJ I LT '. BLOCK 1: 81.155 AF. / 2.2N AC Ll 2, BLOCK I: e�J22 zr. / 1.BB .1C LOT ; BLOCK 1: L' 1,800 S.c. / 5 92 a< I TOTAL 07.857 S.F. / 10.05 AC 1 �T1.OBLOON 1: 322,441 S.F / 7.e0 AC LOT 4 BLOCK I: 115,410 S.E / 265 AO _ I MTAL 437,657 ST. / 10.05 AC I OW" I I Wa-MINCER PROP TEA LLC BAIO aWIN BLw CHANHASSEN, MN 55317 • (152) A10-1153 s I P I _ fn EDE CORP. Bm0 MALLON COURT CNANIASSEN, MN 55305 (052)MI-0722 w M1 ill /I �111 lix"m°1AI y"�"ww I I I rwelnw unrT iRN'iB I ----------------------------------- 5411 I 1 n15 mw IIU N` �`u^ 11 2 "4 . 1\\\� �wA: /-O ,\ll =MO�� ' Fi�rYN¢ IKP M(.•i`: MWKi 54M yKaXNB16N=� .(. .p �r 1 1 1 1 7J1 1 1 1 I 1 II� I 1 AB_CNIEECTS A. W� N, t � ®SGM1GRI Ma�sor N.... EDEN TRACE BIM ux:LPr tvMr OwuSSM. ux Mll WO)MI- u ru (RYI n-Bm %FI ANAN A 1n.. aw. w� wwNTE6 BBC. 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Ne,+OSo c to - a-7 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.06-27 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, July 18, 2006, 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 Review approval for a 99,458 square -foot one-story office warehouse building on property located at 2440 Galpin Court in Chanhassen West Business Park — Waytek, Inc. Applicant: Eden Trace Corporation. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/serv/olan/06-27.html or 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. Robert Generous, Senior Planner Email: bpenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on July 6, 2006) ac"NED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.Ofr27 NOTICEISHEREBYGIVENthat the Chanhassen Planning Commission will hold a public hearing on Tuesday, July 18, 2006, 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 Review approval fora 110, 000 square - foot one-story office warehouse building on property located at 2440 Galpin Court in Chanhassen West Business Park - Waytek, Inc. Applicant: Eden Trace Corporation. A plan showing the location of the proposal is available for public review on the City's web site at www ci chanhassen miius/sere/ olan/OG27.hhnlor at CityHailduring regularbusinesshours. ABinterested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassan.mn.us Phone: 952-2274131 (Published mtheChanbassen Villager on Thursday, July 6, 2006; No. 4687) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.� was published on the date or dates and in the newspaper stated in the attached Notice and sand Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuv�wx�y�z Laurie A. Hartmann Subscribed and sworn before me on this b day of W ���r. 2006 Notary Public �. RATE INFORMATION GWEN M. RAOUENZ _ NOTARY PUBLIC - MNNESOTA My Cortmssim Egaas An 31, 2010 Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ................................ $40.00 per column inch Rate actually charged for the above matter .............................................. $11.51 per column inch SCANNED R2 Statkis Report 6/1/07 plan.0 I 56 MJW 2000 W t ZGUIJ M T W T S S M T F M T W T F 1 1 2 4 1 2 3 4 5 6 7 8 6 7 8.9 11 4 5 ... 6 7 . 8 '. 9 9 10 11 12 13 1 , 15 13 14 15 1 16 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 3 5 17 18 19 2D 21 22 23 26 2811— 0 28 2§ 24'25 26 0* N 29 M 31"' - M io Securities IStart Due S P Category Description 6/1/07 7/1107 F LC #580002 expires 9/l/07 at 4:00 p.m. CST Waytek L-ot 3 and that part of LAAs I and 2, Block 1, Chanhassen West Business Park Site Plan Agreement 06-27 Planning Case 2006-27 $5,000 (boulevard restoration, erosion control, and landscaping) Notifify Bob Generous CNOB Low n Mown cwp. MYa WIWSM a.&,Y P nim" Pp I IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 580002 Amount: U.S. $ 5,000,00 (five thousand dollars and zero cents U.S. DOLLARS) This Letter of Credit is issued on September 1, 2006 by Issuer In favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as follows: APPLICANT: EDEN LLC 8156 MALLARY CT CHANHASSEN, Minnesota 55317 BENEFICIARY: CITY OF CHANHASSEN 7700 MARKET BLVD. P.O. BOX 147 CHANHASSEN, Minnesota 55387 ISSUER: KLEINBANK 1550 Audubon Road Chaska, Minnesota 55318 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may drew on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings Is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under KleinBank Letter of Credit No. 680002 dated September 1, 2008." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shell reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Beneficiary shell be permitted to make multiple drawings on this Letter of Credit. The maximum number of drawings that may be made on this Letter of Credit Is 5. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. The original Letter of Credit, together with any amendments. B. A sight draft drawn by Beneficiary on Issuer. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. SPECIAL INSTRUCTIONS. 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 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. WRITTEN NOTICE IS EFFECTIVE IF SENT BY CERTIFIED MAIL, POSTAGE PREPAID, AND DEPOSITED IN THE U.S.MAIL, AT LEAST FORTY-FIVE (4S) DAYS PRIOR TO THE NEXT ANNUAL RENEWAL DATE ADDRESSED AS FOLLOWS: CHANHASSEN CITY MANAGER, CHANHASSEN CITY HALL, 7700 MARKET BLVD., CHANHASSEN, MN 65317 AND IS ACTUALLY RECEIVED BY THE CITY MANAGER AT LEAST THIRTY (30) DAYS PRIOR TO THE RENEWAL DATE, 5. EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 4:00 PM Central Time Cnme) on September 1, 2007 (Datel. Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. 6. NON -TRANSFERABLE. This Letter of Credi, is not transferable. 7. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No. 500 (UCP), or any later version or amendment. This Letter of Credit Is also governed by the laws of Minnesota, except as those laws conflict with the Uniform Customs and Practice for Documentary Credits, Document 600. ISSUER: KleinBank By Chiref Pliterson Date /__0✓ Standby Loner Of Credit MN/4XXdonnas00985400005309012083106Y i01996 Bankers Systems, Inc., St. Cloud, MN 0 F"�� 1 SCANNED August 6, 2006 Chanhassen City Council 7700 Market Boulevard Chanhassen MN 55317 Dear City Council Members, This letter is in regards to the Waytek building that is purposed for the Chanhassen West Business Park. During the meetings held by council for the PUD, many of the council members were not happy with the possibility of tip up concrete walls. Eden Trace made a request that they be kept as an option, with the possibility of having color in them. The city council agreed to keep tip up concrete walls in the PUD with the understanding that they may or may not be approved. Meaning the council would have discretion in the approval of their use. I would ask that since this building is one of the closest built to the residential areas and Galpin Blvd., that this building should be made of a brick face. This will be a building that is seen by many people from Galpin, along with all the residents that will have to look at it all the time. Eden Trace has taken liberties with making changes in the size of original buildings and lot design shown in the approved PUD. I feel that since this building will be even larger then the initial plans showed, that its architectural design needs to come under greater scrutiny. I would ask that tip up concrete walls not be used due to the heavy seem appearance between walls. That the roof should have an articulation to hide roof items such as mechanical. The windows should have an accent on each side and top along with the bottom of the window. That the accents with columns and entrances should be kept in the plan An example of the roof articulation to hide mechanical items is the Ridgeview Medical building at the corner of Powers and Hwy 5. An example of the window accents would be the Klein Bank Corporate office located off Audubon near Hwy 212 in Chaska. In closing, I would like to bring to your attention that buildings along the south side of Hwy 5, between Dell Rd and Hwy 101 that overlook a highway, have a more pleasurable look to them then this building that will abut up to several residential areas. I ask for your help to make this building something the residents can feel comfortable having so close to them. Sincerely, Joel L.ehrke 2329 Boulder Rd Chanhassen MN 55317 Home: 952 470 5953 Cell: 612 386 7184 Page 1 of 1 Sinclair, Jill From: Lu Ann Sidney [LASidney@msn.com) Sent: Friday, November 03, 2006 3:19 PM To: Undestad, Mark; Ben Merriman Cc: Sinclair, Jill; Nancy Cavanaugh Subject: Waytek North Bufferyard Plantings Attachments: Waytek Preliminary Landscape Plan North Bufferyard.doc Dear Mark and Ben: As a follow-up to our meeting, I met with Jill Sinclair of the City to discuss the proposed plantings in the north bufferyard that would immediately affect our property. We discussed which trees and shrubs could be substituted for those in the preliminary plan and what mixtures of evergreens would be acceptable. Please find attached two scans of the 6/14/06 preliminary landscape plan. As noted in the top scan, there are only 5 black hills spruce indicated in the north bufferyard. The second scan shows the detail of the plantings behind our house (marked 968) and behind our neighbors' houses to the west and east. Within this area circled with a black line are indicated the following: 5 Spring snow crab 5 Grow -low sumac 10 White pine 4 Fallgold ash 1 Honeylocust 16 Fairy queen spirea 7 Amur maple We want more black hills spruce and we want to have a mix of 6 black hills spruce and 4 white pine for the 10 white pines noted. Instead of the 16 spirea, we want to substitute 16 red twigged dogwoods. We also want to substitute a hackberry tree for the honeylocust listed. We are also very concerned that the plantings as shown would be too close to our large oak. We want all the plantings pushed back onto the berm and placed for maximum screening of the dock and parking areas. Also, we do not want any sod on the north and west sides of the berm behind our house. We want this area left natural to blend in with the natural state of our south property line. Any activity in this area could potentially damage our oak. Thank you in advance for your attention to this. Sincerely, Peter and Lu Ann Sidney 11/6/2006 POW LT MAN ULVL Location Map Waytek, Inc. 2440 Galpin Court Planning Case No. 06-27 City of Chanhassen .a k f 4 "ry sr.y a..x a.x rcz.rc•c 3 Subject _ c.•ex 0w n 5 Property 9 J 1 a o ^• Cre•x o� 9 Lyman BNtl (C R 18) YR1 a�9 �L a in 9 �e l C R { !V Y 1 N N { N L L U � O L U _T O U _T U F I �r g SCANNED Location Map Part of Lots 1 & 2, Block 1 and All of Lot 3, Block 1 Chanhassen West Business Park Planning Case No. 06-27 City of Chanhassen R� ' t r o a ab4 C °y saya.rv.n � Subject•G•• �.G..a1•w � 5 Property c m C1 eGwkO S Lyman Blvd (C.R. 18) YrpdR 9 'e l C A 4f Y N N � W � L 'C U m o V _T C U _T U 'a City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Date: June 21, 2006 To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner Subject: Waytek, Inc. — Request for Site Plan review approval for a 99,458 square -foot one-story office warehouse building. Applicant: Eden Trace Corporation. Planning Case: 06-27 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on June 16, 2006. The 60-day review period ends August 15, 2006. 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 concemed 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 July 18, 2006 at 7:00 p.rrL in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 7, 2006. 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 E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services c. Planning Department 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company est or Sprint/United) 10. Electric Company (Xcel Energy or MN Vslle 11. Mediacom 12. CenterPoint Energy Minnegasco 13. City of Chaska — Kevin Ringwald SCANNED Location Map Part of Lots 1 & 2, Block 1 and All of Lot 3, Block 1 Chanhassen West Business Park Planning Case No. 06-27 City of Chanhassen a N.Ne Piyava (a H� f � e a r G n e exak q 1 Gq Av.�CreekPM _ �ceG Y b Subject Gree s 5 Property c v a 0 3 m n n ne Greek Ot 9 Lyman Blvd (C.R. 18) Yrga' B2 vc 9 i c m N N � lC t L C U � t o U _T C U _T U 'a CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Name and Address: '1�a to Coy . ,1�� /II dL[to rY n.. if aName.. A✓ S57I- Gontact:NarA (hd�rl Phone: 4sz 3K oys?. Fax: 15-1'3-6t 0723 Email: mIA4tir nol o .t,%d-,rc4 , AA a Cc^ Planning Case No. 0(o �` 1 ,t- 6(0-o5 CITY OF CHANHASSEN POC�r X r\ RECEIVED 54 JUN 1 6 2006 CHANHASSEN PLANNING DEPT Owner Name and Address: Wawk!k . ar�n�t. - '7� &0 L404tie / l,"a kaTIP .' MN S53? Contact: Ni l g,w,a� Phone:452 ct44 o 76S Fax: (3965 Email: _ NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) �� Vacation of Right-of-Wa Easements AC) �� f Interim Use Permit (IUP) Variance (VAR) Non -conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Notification Sign =,-$200 Sign Plan Review (City to install and remove) X Escrow for F.itigg des/Attorney Cost'* 70o. _ Site Plan Review SPR' - $50 CUP/SPR/VAC/VAR/WAP/Metes R Bounds /� jj� 1 - $450 Minor SIJB Subdivision' A<m'tn ,sup, 3 10 S TOTAL FEE $ �JS��• Kn_ad_dltional lee W1 iP4.VV per a ress c hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. >orANK" PROJECT NAME: rrWtGGn-tk- LOCATION:('VaAn ctSSen weS-� -�>uStneSS Perk LEGAL DESCRIPTION: TOTALACREAGE: WETLANDS PRESENT: YES _� NO PRESENT ZONING: U D REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: I00 000 S9tec+re Foo'� oTrrce �warel.euse tac�� �Y- This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. 1 6— o lb Sib nature of Applicant // Date p — i% - Ob OCAMPIM Signature of Fee Owner t / , Date G:1plA011TnslDevelopment Review Application.DOC Rev. 12/05 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 CM of (952) 227-1100 To: Mark Undestad Eden Trace Corp. 8156 Mallory Court Chanhassen, MN 55317 Ship To: Invoice SALESPERSON DATE TERMS KTM 7/6106 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 61 Property Owners List within 500' of 2440 Galpin Court — Waytek, Inc. site (61 labels) $3.00 $183.00 TOTAL DUE $183.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for 7/18106. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #06-27. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED EDEN TRACE CORP. 12244 EDEN TRACE CORP. (,(G-C)� 12244 SCANNED 5,OEl0%EBUSINESS FORMS 1+8000.318-0300 Nwx.OMuvelwms.wm $150 Administrative Subdivision $1,500 Site Plan Review $300 Vacation $200 Notification Sign $200 Recording Escrow 11CANNEp CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 06/21/2006 11:40 AM Receipt No. 0014521 CLERK: katie PAYEE: EDEN TRACE CORP WAYTEK-PLANNING CASE 06-27 ------------------------------------------------------- Use & Variance 1,950.00 Sign Rent 200.00 Recording Fees 200.00 Total Cash Check 12244 Change 2,350.00 0.00 2,350.00 0.00 SCANNED CITY OF CHANHA£ P 0 BOX 147 CHANHASSEN MN 08/02/2006 12 Receipt No. 001 CLERK: katie PAYEE: EDEN TF Planning Case --------------- GIS List Total Cash Check 12, Change SCANNED