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Conditional Use Permit 09-06 Recorded Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center Curve Suite 317. Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com 6 q -0 ~ CAMPBELL KNUTSON Professional Association *** Direct Dial: (651) 234-6222 E-mail Address:snelson@Ck-law.com September 22, 2009 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RECEIVED SEP 2 3 2009 CITY OF CHANHASSEN RE: CHANHASSEN - MISC. RECORDED DOCUMENTS ~ CUP #2009-06 - Powers Crossing Professional Center (Outlot A, Butternut Ridge Addition) Dear Kim: Enclosed for the City's files please find original recorded CUP #2009-06 concerning the Powers Crossing Profession Center phase two office building/parking ramp construction, which was recorded with the County on July 22,2009 as Abstract Document No. A504766. Regards, CAMPBELL KNUTSON Professional Association SR..l\T :ms Enclosure B . .. Document No. A 504766 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $46.00 Receipt#: Certified Recorded on 712212009 at 01:15 DAM~M nfi5jiilfnl CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #09-06 ~ 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Conditional Use Permit with Variances to encroach into the primary zone and required buffer for development in the Bluff Creek Corridor for the Powers Crossing Professional Center including a subdivision of the land and site plan approval for a two- phase, three-story, 160,000 square-foot professional office building, and up to a 731- stall, five-level parking ramp. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Outlot A, Butternut Ridge Addition 3. Conditions. The permit is issued for Powers Crossing Professional Center, with the following conditions: a. The property line may be revised to incorporate the reconveyed property from MnDOT to the developer. b. The developer shall is encouraged to meet design and construction standards that would lead to, at a minimum, certification by the Leadership in Energy and Environmental Design (LEED) Green Building Rating System by the U.S. Green Building Council, or comply with the Minnesota Sustainable Building Guidelines (MSBG). c. To mitigate for the effects of development within the primary corridor, the developer should be required encouraged to meet green construction standards for the whole site. 1 d. All openings created in the wooded areas on the east and south sides of the development shall be reforested with native tree species. Planting stock sizes may be variable. Species selected must be from the Bluff Creek Management Plan native plant list. These areas shall not be mowed or managed as turf areas. e. Evaluate other site designs, stormwater management techniques and low-impact development practices for their benefit in reducing impacts to the primary and secondary zones of the Bluff Creek Overlay District. f. Reforest those areas disturbed to grade the site but do not have structures on them. The reforestation should be done with deciduous tree species representative of the existing species composition. The forested areas are dominated by bur oak. g. Maintain the natural drainage patterns. h. The applicant must clearly illustrate how impacts to the primary zone are to be mitigated. This mitigation must consider all benefits derived from the primary zone as described in Article XXXI of the Chanhassen City Code. 1. The area east of Lot 1 within Outlot A within the primary corridor of Bluff Creek shall be covered by a conservation easement. This easement shall restrict activities within the area and prohibit any development. The City shall have final approval of the easement restrictions. Any wetland mitigation activities that are required within this area shall have final approval by City staff. No additional activities shall be allowed within this area and access to the mitigation site shall be the existing path. J. The wooded areas of Lot 1 and Outlot B within the Bluff Creek primary zone shall be covered by a conservation easement that restricts specific activities and prohibits any further development within the area. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. 2 ~ I. " .- \.11 Dated: May 26, 2009 CITY OF CHANHASSEN (SEAL) B;;L ~ Tom Furlong, May AND: /me To Q Gerhardt, City Manager STATE OF l\lINNESOT A ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this \st~ay of .::)Urvt. , 2009, 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. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 KIM t MEUWISSEN j NO. tary Public-Minnesota Commission Expires Jan 31,2010 g:\plan\2009 planning cases\09-06 powers crossing professional center\cup.doc 3