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CC Staff Report 02-22-10 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen,' MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227,1180 Fax: 952.227,1190 Engineering Phone: 952,227.1160 Fax: 952,227.1170 Finance Phone: 952,227.1140 Fax: 952:227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227,1110 Recreation Genter 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227,1404 Planning & Natural Resources Phone: 952.227,1130 Fax: 952,227,1110 Public Works 1591 Park Road Phone: 952.227,1300 Fax: 952,227,1310 Senior Center Phone: 952,227.1125 Fax: 952,227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner Angie Kairies, Planner I . oW' DATE: February 22, 2010 SUBJ: Lotus Retail: CUP Amendment & Site Plan Approval with Variance 78 West 78th Street &19900 West 78th Street - Planning Case #10-04 PROPOSED MOTION: "The Chanhassen City Council approves an amendment to Conditional Use Permit 88-13 to eliminate the Hennepin County parcel for a garden center and to relocate the storage bins to the Carver County parcel." and "The Chanhassen City Council approves the Site Plan for an 8,000 square- foot, one-story retail building, plans prepared by SEH, dated 12/30/2009, with an 8% parking Variance to permit 58% of the parking between the front fa<;ade and the primary street for property located at 19900 West 78th Street, subject to conditions 1 - 5." and "The Chanhassen City Council adopts the Planning Commission Findings of Fact." City Council approval requires a majority of City Council present. EXECUTIVE SUMMARY The developer is requesting an Amendment to Conditional Use Permit 88-13 for Lotus Lawn and Garden Center for property located at 78 West 78th Street, Site Plan Approval for an 8,000 square-foot retail building with~n 8% parking Variance to permit 58% of the parking between the front fa~ade and the primary street for property located at 19900 West 78th Street. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 4 - Todd Gerhardt February 22, 2010 Page 2 of 2 Planning Commission Update As part of the public hearing the Planning Commission discussed the visibility of the building from the apartments located to the north of the site. There is a Manage 3 wetland directly adjacent to the site, followed by an eight-foot tall berm for the railroad bed, detached parking garages, parking lot and then the apartment buildings, located south of Highway 101. The nearest apartment building is nearly 600 feet or one-eighth of a mile away from the retail building. The Planning Commission also discussed the circulation of the trucks accessing the loading area. The developer explained that the trucks, which are typically shorter than a semi truck, will drive into the site and make a hammerhead turn in the north parking lot to turn around. They will then back into the loading zone. The Planning Commission minutes are item 1a of the February 22,2010 City Council packet. RECOMMENDA TION Staff and the Planning Commission recommend the following motions: "The Chanhassen City Council approves an amendment to Conditional Use Permit 88-13 to eliminate the Hennepin County parcel for a garden center and to relocate the storage bins to the Carver County parcel." and "The Chanhassen City Council approves the Site Plan for an 8,000 square-foot, one-story retail building, plans prepared by SEH, dated 12/3012009, with an 8% parking variance to permit 58% of the parking between the front fa~ade and the primary street for property located at 19900 West 78th Street, subject to conditions 1 - 5." and "The Chanhassen City Council adopts the Planning Commission Findings of Fact." ATTACHMENTS 1. Planning Commission Staff Report Dated February 2,2010. 2. Site Plan Agreement. g:\plan\201O planning cases\l 0-04 lotus retail\2-22-1 0 executive summary. doc PC DATE: 2/2/10 IT] CC DATE: 2/22/10 CITY OF CHANHASSEN REVIEW DEADLINE: 3/1/10 CASE #: 10-04 BY: BG, AK, TJ, JM, ML PROPOSED MOTION: "The Chanhassen Plar.ning Commission reeommends that City Council approves an amendment to Conditional Use Permit 88-13 to eliminate the Hennepin County parcel for a garden center and to relocate the storage bins to the Carver County parcel." and "The Chanhassen Planning Commission reeommends that City Council approves the Site Plan for an 8,000 square-foot, one-story retail building, plans prepared by SEH, dated 12/30/2009, with an 8% parking variance to permit 58% of the parking between the front fayade and the primary street for property located at 19900 West 78th Street subject to conditions 1 - 5. SUMMARY OF REQUEST: The developer is requesting site plan approval for a 8,000 square-foot retail building, a 8% parking variance to permit 58% of the parking between the front fayade and the primary street for property located at 19900 West 78th Street, and an amendment to Conditional Use Permit 88-13 for Lotus Lawn and Garden Center for property located at 78 West 78th Street. LOCATION: CARVER COUNTY PROPERTY: 78 West 78th Street That part of Tract C, Registered Land Survey No. 59, files of Registrar of Titles, which lies South of a line drawn East perpendicular to the West line of said Tract C from a point thereon distance 103.00 feet South, as measured along said West line from the Northwest comer of said Tract C: And that part of Tract D lying Easterly of the Southerly extension ofthe West line of said Tract C, Registered Land Survey No. 59, flies of Registrar of Titles, all in Carver County, Minnesota. HENNEPIN COUNTY PROPERTY: 19900 West 78th Street That part of the West 149 feet of the Southwest Quarter of Section 7, township 116 North, Range 22 West of the 5th Principal Meridian, lying North of State Highway No.5 and which lies South of a line drawn East perpendicular to the West line of Tract C, Registered Land Survey No. 59, files of the Registrar of Titles, Carver County, from a point thereon distant 103.00 feet South, as measured along said West line, from the Northwest comer of said Tract, C Hennepin County, Minnesota. Lotus Retail Planning Case 10-04 February 2, 2010 Page 2 of 19 APPLICANT: Ben Merriman Center Companies, LLC 2025 Coulter Blvd, Suite 215 Chanhassen, MN 55317 952-474-4828 bmerriman@centercompanies.com Jay and Peggy Kronick Lotus Lake Garden Center Inc. 8575 Tellers Rd Chaska, MN 55318 PRESENT ZONING: Highway and Business Services District (BH) 2030 LAND USE PLAN: Commercial ACREAGE: Total = 2.32 acres (Carver County = 1.41 acres, Hennepin County = 0.906 acres) DENSITY: F .A.R. 0.2 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. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for variance. The City has a relatively high level of discretion with a variance because of the burden of proof is on the applicant to show that they meet the standards in the ordinance. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSAL/SUMMARY The applicant is requesting site plan approval for an 8,000 square foot, one-story, multi-tenant retail building, which shall include a liquor store, an 8% variance to permit 58% of the parking to be located between the front fayade and the public street (Sec. 20-1073(b)), and an amendment to Conditional Use Permit 88-13 for a retail garden center to revise the legal description to include the Carver County site only and relocate the storage bins from the Hennepin County property to the Carver County property. Lotus Retail Planning Case 10-04 February 2,2010 Page 3 of 19 To the north of the subject site is the Twin Cities and Western Railroad and a Manage 3 wetland. To the south ofthe site is West 78th Street and Highway 5. To the east of the site is the Berquist building (Office Industrial), and located to the west of the site is the Chanhassen Office Complex (Commercial). Water and sewer services are available to the site. Access to the parcels is gained via a shared driveway off of West 78th Street. Staffis recommending approval of the site plan, variance, and CUP amendment. APPLICABLE REGUATIONS Chapter 20, Article II, Division 2, Conditional Use Permits Chapter 20, Article II, Division 3, Variance Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XVII, Highway and Business Services District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office- Institutional Development Lotus Retail Planning Case 10-04 February 2,2010 Page 4 of 19 BACKGROUND On October 5, 1973 Registered Land Survey 59 for the Carver County site was recorded. The Hennepin County site is currently unplatted. On September 12, 1988, the Chanhassen City Council approved a land use map amendment for the easterly 150 feet of the property from office/industrial to commercial (LUP 88-3), a rezoning of the easterly 150 feet from Industrial Office Park (lOP) to Highway and Business Services (BH) (REZ 88-3), a wetland alteration permit (W AP 88-8), and a Conditional Use Permit (CUP 88-13) to permit a garden center. On January 13, 1997, the Chanhassen City Council approved an amendment to Conditional Use Permit 88-13 for a site plan review for a 2,480 square-foot expansion to the sales area and a 400 square-foot expansion to the greenhouse area. The existing Lotus Lawn and Garden Center (CUP 88-13) is located primarily on the westerly Carver County site. As part of the garden center there is a 2,549 square-foot retail building, two 920 square-foot greenhouse buildings, a 140 square foot shed, display and parking areas. CONDITIONAL USE PERMIT Conditional Use Permit 88-13 for a garden center currently encompasses both the Carver County (westerly parcel) and Hennepin County (easterly parcel) sites. The applicant is requesting an amendment to CUP 88-13 to exclude the Hennepin County site from the CUP and to relocate the storage bins to the Carver County site. The CUP for the nursery will then solely be for the Carver County site. . i::. 0"S *,T 0~' /0 I ,. It;: .;t I. ~~ 0-- O'(j" ~- 0- ut: ~r --- j ~-. The eastern (Hennepin County) portion of the site is primarily vacant; there are some aspects of the garden center located on the site, which include storage bins, and parking. As part of this application, the storage bins are proposed to be relocated to the Carver County site. There is a Manage 3 wetland located to the north of both parcels. City Code requires a 16.5-foot wetland buffer from the edge of the wetland, a 30-foot building setback and a IS-foot parking/accessory structure setback from the edge of the buffer. The applicant is proposing shared parking spaces which will be located on both sites. A cross- access and shared parking easement and agreement will be recorded against the properties. The conditions of CUP 88-13 will continue to be in effect. The proposed amendment is consistent with the conditions of approval for the garden center. Lotus Retail Planning Case 10-04 February 2,2010 Page 5 of 19 GENERAL SITE PLAN/ARCHITECTURE The applicant is requesting site plan approval for an 8,000 square-foot one-story multi-tenant retail building and parking to be located on the eastern portion (Hennepin County) or the site. One of the proposed tenants of the building will be a liquor store. Liquor stores are permitted in the BH district. ~ ~ 1 All components of the nursery that are currently located on the easterly parcel will be relocated to the westerly parcel. The driveway into both sites will remain and some of the parking will be shared between the two parcels via a cross-access and parking agreement. The applicant is requesting an 8% variance from the 50% maximum parking spaces permitted between the front (south) fa<;ade and the adjacent public street. The applicant is proposing 43 parking stalls for the Hennepin County retail site. Of the 43 stalls, ordinance permits 21 stalls to be located between the front fa<;ade and public street. The applicant is proposing 25 stalls within the south parking lot and 18 stalls in the north parking lot. Granting of the variance would permit an additional 4 parking stalls adjacent to the store entrances. Requiring the additional parking in the north parking lot would impact the bio- retention pond, the location of the trash enclosure, and the site may exceed the 65% site coverage in the BH district. The south elevation is the main entrance into the retail building, while the north elevation is primarily employee parking and service entrances. Therefore, it is reasonable to have the majority of the parking located adjacent to the store entrances. 9_ Both parcels will continue to be accessed via a shared driveway off West 78th Street. A cross- access and parking agreement must be recorded against the properties. ARCHITECTURAL COMPLIANCE Size Portion Placement The City Code promotes the location of the building nearest to the setback lines as outlined in the district regulations. This site is unique in the fact that the front property line extends over the existing sidewalk and onto West 78th Street. Therefore, the front setback is measured from the northern edge of the existing sidewalk, which is the edge ofthe prescriptive right-of-way. The Lotus Retail Planning Case 10-04 February 2,2010 Page 6 of 19 minimum setback in the BH district is 25 feet from the front property line. The building is proposed to be set back 89 feet from the northern edge of the sidewalk, with parking distributed around the building. SOUTH' E L-EV~TION The proposed building is a multi-tenant building with the liquor store occupying approximately 5,160 square feet of the building, and future tenant spaces occupying approximately 3,044 square feet. There are three entrances into the south elevation of the building. The liquor store entrance serves as the prominent main entrance and is surrounded by windows and a black standing seam metal awning. The entrance is further accentuated by a seven-foot tall parapet wall and cornice above the roofline with three square windows on both the south and west elevations. The remaining two entrances are located to the east of the liquor store entrance and are surrounded by windows with a black standing metal awning overhead and a five-foot block parapet wall and cornIce. W~'71 E:l-gVAiIO'N e:A'?T el-5VATION The loading dock overhead door is located on the west elevation. This loading dock will access the liquor store. There are no entrances on the east elevation of the building, which is adjacent to the drive aisle accessing the adjacent industrial building to the east. The north elevation of the proposed building is adjacent to the Twin Cities and Western Railroad and the wetland. There are four service doors located on the north elevation, which will not serve as customer entrances. Lotus Retail Planning Case 10-04 February 2,2010 Page 7 of 19 NO\<.iH E.L-EVA-rION Building Articulation The articulation of the building steps back twice along the south elevation. The building steps back almost two feet from the entrance of the liquor store to the main plain of the liquor store, and back five feet to the future tenant spaces. Along the west and east elevations the building steps back over one foot from the front elevation. In addition, the building articulation incorporates projecting columns. Articulation is further enhanced through the use of storefront windows and awnings as well as parapet walls of varying heights and cornices. Color and Material There is a combination of materials including brick, block, and EFIS incorporated into the design to provide visual interest to the building. The majority of the building is constructed of toffee-colored Anchor Block primarily located on the top and base of the building. A paprika-colored Anchor Block band is located a quarter of the way up from the base of the building and extending halfway up the north, west, and east elevations. The paprika Anchor Block also surrounds the entrances on the south elevation and is replicated on the west and east elevations. There are columns on the building, which are constructed of maroon velour utility brick. .-..IL~:~. =-~d..li -- .-. L"~ The parapet wall above the main entrance is accented with sandalwood beige EFIS and a grey and black metal cornice. The shorter parapet walls are constructed of toffee-colored rockface Anchor Block. The storefront windows are bordered with black aluminum frames. Lotus Retail Planning Case 10-04 February 2,2010 Page 8 of 19 Height and Roof Design The single-story building is 17 feet in height to the roof. The roof articulation is provided through three parapet walls of varying height. The height of the parapet walls step down and back up along the south elevation. The parapet wall over the main entrance is 9 feet in height, the center parapet wall is 2 feet in height, and the parapet wall above the entrances on the east side of the building is 5 feet in height. ~lf-fI"'" T.t'l~~ ~ SOUTl-i EllV^1I0N The City Code requires that each building contain one or more pitched elements, such as a pitched roof, awnings or entrances. There are black standing seam metal awnings located above the storefront windows and doors of the south, west and east elevations. Additionally, the varied parapet height provides vertical detail to the elevation. The mechanical equipment is located in the center of the roof and is screened through the use of the parapet walls surrounding the building. The lowest parapet wall is 2- feet above the roof and will adequately screen the equipment from view. Facade Transparency W!;::C;>T et..eY^Tlo"N ~<?T eL-5VATION City Code requires that 50 percent of the first floor elevation that is viewed by the public shall include transparent windows and/or doors. The south, street-front elevation of the building exceeds this requirement. The west elevation, while not located along the primary public street, has been modified to incorporate approximately 45% windows and doors in addition to landscaping. The primary function of the interior space in this area is restrooms and storage; therefore, increased windows may not be appropriate. The applicant has provided spandrel glass to enhance this fa9ade. Lotus Retail Planning Case 10-04 February 2,2010 Page 9 of 19 The east elevation faces the drive aisle into the adjacent office industrial building and is predominately screened by landscaping. However, the applicant has modified this elevation to incorporate approximately 14% windows. Depending on the future tenant, additional windows may be incorporated into this fayade. At a minimum, staff is recommending the applicant incorporate knockout panels to facilitate the installation of future windows. As stated previously, the north elevation provides employee and service access to the building. No windows are provided; however, the applicant has included architectural detailing, including columns and changing of materials. LIGHTING/SIGNAGE Lighting City code requires that the applicant provide site lighting for the parking lot area to provide adequate levels of safety. Site lighting may be provided via 30-foot tall light poles/fixtures. All fixtures must be shielded, high-pressure sodium or Light-Emitting Diode (LED) with a total cutoff angle equal to or less than 90 degrees. Wall- mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees and shall not be directed skyward. To minimize off-site impact, light levels shall not exceed one-half foot candle at the property line. It appears that the proposed lighting complies with city code. The proposed lighting on the building is Challenger wall sconces and the lighting throughout the parking lot is Challenger II medium flat lens lights. The applicant submitted photometric calculations for the site, and the lighting for the common vehicular access is sufficient; however, the lighting along the eastern property line adjacent to the front parking lot exceeds the one-half foot candle requirement. Staff is recommending the applicant revise the light plan to meet this requirement. A revised photometric plan shall be submitted with the building permit to verify compliance with city code. Signage BALLENGER. B PLAT LENS IESNAFULL CUTOFF CHALLENGER WALL SCONCE lBSNA I'IJLL CUTOllli' The applicant is proposing wall signage on the south elevation of the building. There is a sign band above the awnings in the center of the building to accommodate the liquor store sign and a sign band on the parapet wall on the east side of the front elevation to accommodate the future tenants. Lotus Retail Planning Case 10-04 February 2,2010 Page 10 of 19 SOlm-l ElEVATION A monument sign is proposed to be located east of the driveway into the site. The proposed monument sign is eight feet in height with 61 square feet of display area. Of the display area 25% of the sign will incorporate an electronic message center. The monument sign will be constructed of masonry materials consistent with the building and incorporates an electronic message center sign. This sign appears to comply with the city's sign ordinance. All signage shall comply with city code and requires a separate sign permit application. Site Furnishing The applicant is proposing multiple planters located near the building on the south elevation as well as landscaping continuing around the building. The applicant is proposing benches located on the sidewalk adjacent to the front elevation. Future tables and seating may be incorporated when the eastern tenant spaces are occupied. Loading Areas, Refuse Area, etc. The loading zone for the liquor store is located on the west elevation of the building. The loading zone will be screened by landscaping. The Carver County site has redevelopment potential. The location of a building on the Carver County site will further screen the loading area of the retail building. The proposed location of the free-standing trash enclosure is on the north side of the building at the east end of the parking lot. The trash enclosure is 71f2 feet tall, 21 feet wide by 8 feet deep and contains two dumpsters. The enclosure will be constructed of paprika-colored Anchor Block with painted cedar slat doors, consistent in color with the building. Lotus Retail Planning Case 10-04 February 2, 2010 Page 11 of 19 Lot Frontage and Parking Location Frontage The subject site fronts on West 78th Street, which acts as a frontage road to Highway 5. The site is unique due to the fact that it is an unplatted lot and the front property line extends onto West 78th Street. On platted lots, the property line excludes areas of public right-of-way. Therefore, the north edge of the sidewalk is the prescriptive right-of-way. The minimum building setback in the BH district is 25 feet from the front property line. The proposed building is setback 89 feet from the edge of the sidewalk. The minimum parking setback is 25 feet, which may be reduced to 10 feet with the use of landscape screening. The edge of the proposed parking lot is set back 12 feet from the edge of the sidewalk and shall incorporate a landscape buffer consisting of a line of shrubs planted along the parking lot on the south property line. The shrubs must have a minimum height of three feet at maturity. City approval of the shrub species and planting spacing is required before installation. Parking There are a total of 62 parking stalls proposed on the two properties. The garden center requires 22 stalls and the retail center requires 40 stalls. The applicant is proposing 43 stalls for the retail center and 19 stalls for the garden center: . 25 parking stalls located in the south parking lot of the retail center · 18 stalls dedicated to the retail center and 5 stalls dedicated to the garden center in the north parking lot . 14 parking stalls located on the garden center site In total the applicant is providing sufficient parking for both centers and will be shared via a cross-parking agreement. The parking requirements are predicated on retail use. There is approximately 3,044 square feet of future tenant space available; should half of that space be converted to a restaurant, an additional 17 parking stalls would be required. Should the entire future space be converted to a restaurant, 34 parking stalls would be required. Being that the applicant is proposing the required 62 parking stalls for the current retail buildings and the Hennepin County site is at the maximum 65% site coverage, the additional spaces would have to be located on the Carver County site. This may have an impact on the future development of the Carver County site. The applicant is aware of the parking requirements and, depending on the future use, any change in the parking requirements will be addressed at such time. City code requires that not more than 50% of the overall parking to be located between the front fayade and the primary abutting street. There are 43 proposed parking stalls for the Lotus Retail building; therefore, 21 stalls are permitted in the south parking lot. The applicant is requesting a variance to permit 58% of the proposed parking to be located between the front fayade and the Lotus Retail Planning Case 10-04 February 2, 2010 Page 12 of 19 primary-abutting street, this equates to 4 additional stalls. The intent of the request is due to the location of the public entrances, which are on the south elevation, while the north elevation is primarily employee parking and service entrances. The additional parking in the south lot will provide better customer access to the main entrances of the building. Therefore, it is reasonable to have the majority of the parking located adjacent to the store entrances. The service entrances and employee parking are located on the north side of the building. Staff explored the potential of adding additional stalls on the north side of the site to comply with the 50% parking requirement. The addition of parking stalls would have a negative impact on the location of the trash enclosure by pushing it east into the side yard, bio-retention pond, and landscape buffer. Additionally, the proposed hard surface coverage for the site is at the 65% maximum for the BH district. Any additional parking stalls would increase the site coverage within the district. Based on the current uses (garden center and retail center), it is staff's opinion that the hours of operation are complimentary for shared parking. ACCESS The site currently has access from West 78th Street. No public street improvements are proposed or required with the development of this site. The proposed Lotus Retail Development will share the existing access with the Lotus Lawn and Garden Center site. The developer proposes to construct two parking areas: one south of the proposed building and one north of the proposed building. Access to the parking areas will be from a common driveway with Lotus Lawn and Garden Center. A cross-access agreement must be executed and recorded. In locations where the sidewalk crosses the curb for pedestrian access, a pedestrian ramp shall be provided. LANDSCAPING There is a wetland located north of the subject site, which shall maintain a 16.5 foot buffer and required building and parking setbacks from said buffer. The applicant is proposing to install a rain garden within the buffer area to treat runoff prior to entering the wetland. The minimum requirements for landscaping include 1,196 square feet of landscaped area around the parking lot, one landscape island or peninsula, four trees for the parking lot, and bufferyard plantings along the 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 1,196 sq. ft. > 1,196 sq. ft. Trees/parking lot 4 trees 7 trees Islands or peninsulas/parking lot 1 islands/peninsulas 1 peninsulas Lotus Retail Planning Case 10-04 February 2,2010 Page 13 of 19 The applicant meets minimum requirements for trees and landscaping in the parking lot area. Buffer yard requirements: Required plantings Proposed plantings Bufferyard C - north prop. Line, 145' 2 Overstory trees o Overstory trees 5 Understory trees 7 Understory trees 5 Shrubs 15 Shrubs Bufferyard B - south prop. Line, 130' 1 Overstory trees 5 Overstory trees 2 Understory trees o Understory trees 4 Shrubs o Shrubs Bufferyard B - east prop. Line, 240' 3 Over story trees 2 Overstory trees 7 Understory trees 4 Understory trees 10 Shrubs 10 Shrubs The applicant does not meet the minimum requirements for buffer plantings. On the north property line, the applicant should change two of the understory trees to overstory selections. Along the south property line, the applicant has proposed an increased number of overstory trees and meets the requirements for total number of trees within the bufferyard. The overstory trees will provide more long-term benefits to the site and satisfies the south bufferyard requirement for trees. City code permits a reduced parking setback when landscape screening is provided. The applicant is proposing to reduce the parking setback to 12 feet along the south property line. The proposed shrub landscaping is not sufficient to meet the requirements associated with a setback reduction. A line of shrubs must be planted along the parking lot on the south property line. The shrubs must have a minimum height of three feet at maturity. City approval of the shrubs species and planting spacing is required before installation. On the east property line, the applicant is short trees in both categories of tree and shrubs. Staff recommends that the applicant meet minimum requirements for bufferyard plantings on the east side. GRADING/DRAINAGE The soils investigation for this site reveals that extensive soils correction is required to develop the site. The poor soils will be removed from the site and engineered fill will be placed. The developer must provide a trucking route to the Engineering Department for review and approval. The developer proposes to construct a bio~retention area on the north side of the site to treat runoff from both parcels under fully-developed conditions. The grading plan must be changed to create a two-cell system so that the bio-retention basin will not be over the trunk watermain and sanitary sewer easement area. Wetlands One wetland exists on or adjacent to the property. This wetland was delineated in 2005 as part of the Riley-Purgatory-Bluff Creek Watershed District stormwater improvement project. The delineated boundary is still accurate today. This wetland will not be impacted as a result of this Lotus Retail Planning Case 10-04 February 2,2010 Page 14 of 19 project. However, grading will occur adjacent to the wetland and steps shall be taken to assure that the wetland is not impacted during development of this site. Lakes The proposed project does not lie within 1,000 feet of the ordinary high water level (OHW) of any public waters; therefore, it is not within a shoreland district. Erosion and Sediment Control It does not appear that the total land disturbance associated with the proposed project will meet the minimum threshold for "small construction activity". In this case, no NPDES Phase II permit to discharge stormwater associated with construction activities is required. The total disturbed area should be indicated, quantified, and reported to the City. The site requires an erosion control plan, which has been submitted. An on-site inspection of the site shall be required during development of the site. City details shall be included in the plan set to verify erosion and sediment best management practices. Drainage and Treatment Water quality treatment and runoff control will be provided through a bio-retention feature located on the north end of the site. This feature has been designed such that it may accommodate future development of the western property. This basin will treat the first inch of runoff generated on the site. The wetland will provide additional storage; water will be treated prior to discharge into the basin. The plan calls for an excavation of in situ materials and replacement with other soils. The only reference to the soil composition is in the landscape plans. The replacement soils indicate a mixture of topsoil, sand and compost. This mixture is not appropriate for a bio-retention feature and must be revised to indicate an appropriate mixture of materials. Additionally, the under drain is referred to as 8" in some parts of the plan and 6" in other parts. This must be clarified and specifications shall be provided. There is no need to wrap the under drain in a sock if it is embedded in gravel. It has been the experience of the City and others that this fabric clogs and prolongs the residence time of the water in the feature. Further, the plan simply calls for a gravel bed to place the under drain. This rock must be specified and may not include crushed limestone. Utilities A 10-inch trunk watermain and an 18-inch trunk sanitary sewer are west of the proposed building. These utilities lie within easements granted in Document Numbers 20942 and 59447. The trunk watermain is almost 40 years old and made from ductile iron. Due to the corrosive nature of the soils, the trunk watermain within the project area is proposed to be replaced. The developer will be reimbursed for the cost to replace the trunk watermain, install two gate valves, replace a fire hydrant and produce engineering as-built drawings. The reimbursement will be Lotus Retail Planning Case 10-04 February 2,2010 Page 15 of 19 based on the actual cost to complete this work and shall not exceed $25,000. The new watermain shall meet the minimum City requirements, including stainless steel hardware on the valves and hydrant. A snake pit for the tracer wire shall be installed at each end. The sanitary sewer will be televised to determine its condition. The City will work with the developer to include maintenance or repair work if needed. The developer will extend private sewer and water services from the trunk utilities within the easement area. Private draintile is proposed within the site. The draintile will cross the public utilities at two locations. The developer's engineer must submit cross sections at the proposed utility crossings for review and approval. All civil sheets must be signed by an engineer registered in the State of Minnesota. Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. MISCELLENOUS The building is required to have an automatic fire extinguishing system. Accessible routes must be provided to commercial buildings. All parking areas must be provided with accessible parking spaces. As submitted, the retail building must have a minimum of two accessible parking spaces, one of which must have an 8- foot access aisle. COMPLIANCE TABLE Area 20,000 sq ft 61,561 sq ft 39,474 sq ft Frontage 100' 209' 149' Depth 150' 295' 267' lot Coverage 65% 33% 65% Principal Accessory two-story one-story one-story NA one-story NA Lotus Retail Planning Case 10-04 February 2, 2010 Page 16 of 19 Carver County Hennepin County Ordinance Requirements Site Site Building Setbacks / , .... Front yard 25' 136' 89' Rear yard 30' from wetland buffer 55' 57' W: 19' 5" E: Side yard 10' W:45' E: 34' 16'7" Parking Requirements 1:200 (Retail/Office) Stalls Carver: 4,390 sq ft /200 = 22 stalls, 19 43 Hennepin: 7,992 sq ft/200 = 40 stalls Front yard 10' w/ screening, 25' without 37' 12' WI screening Rear yard 15' from wetland buffer 15' 15' Side yard 10' 28' 10' RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions and adoption of the attached findings of fact and recommendation: A. "The Chanhassen Plar.mflg Commission recommends that City Council Approves an amendment to Conditional Use Permit 88-13 to eliminate the Hennepin County parcel for a garden center and to relocate the storage bins to the Carver County parcel." and B. "The Chanhassen Plar..ning Commission recommends that City Council approves the Site Plan for an 8,000 square-foot, one-story retail building, plans prepared by SEH dated 12/30/2009, with an 8% parking variance to permit 58% ofthe parking between the front fayade and the primary street for property located at 19900 West 78th Street, subject to the following conditions: 1. Building Official a. The buildings are required to have an automatic fire extinguishing system. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Accessible routes must be provided to commercial buildings. d. All parking areas must be provided with accessible parking spaces. As submitted, the retail building must have a minimum of 2 accessible parking spaces, one of which must have an 8- foot access aisle. Lotus Retail Planning Case 10-04 February 2, 2010 Page 17 of 19 e. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit. 2. Forester a. This parcel is within the Emerald Ash Borer Quarantine area. All ash trees removed on site must be disposed of at an MDA approved ash tree disposal site. b. The Black Hills spruce proposed at the northwest comer of the building must be replaced with a deciduous selection in order to avoid future sight line conflicts. c. On the north property line, the applicant shall change two of the understory trees to overstory selections. d. On the east property line, the applicant is short over- and understory trees. Staff recommends that the applicant meet minimum requirements for bufferyard plantings on the east side. e. A line of shrubs must be planted along the parking lot on the south property line. The shrubs must have a minimwy. height of three feet at maturity. City approval of the shrubs species and planting spacing is required before installation. 3. Water Resources a. The following Standard City Plates shall be included in the submittal set: 1) Plate No. 5300 - Silt Fence (wooden posts are not to be used) 2) Plate No. 5301 - Rock Construction Entrance 3) Plate No. 5302A - Catch Basin Sediment Trap b. Sheet Cl ofC5 calls out 8" PVC while sheet C5 ofC5 indicates 8" PVC for the standpipes and 6" for the remaining perforated PVC. This discrepancy must be clarified. The Minnesota Stormwater Manual recommends an 8" draintile to reduce the potential for freezeup. c. No sock should be used around the under drain in the bio-retention areas. d. This will primarily be a Filtration Facility with Partial Recharge as described in the 2005 Minnesota Stormwater Manual. As such, the filter fabric over the gravel bed area but not extending to the side walls is adequate as shown. If insufficient separation is discovered between the bottom of the facility and the ground water, the fabric should be extended to the sidewalls as shown in Figure 12.BIOA of Chapter 12 in the 2005 Minnesota Stormwater Manual. e. Rock specifications are required for the draintile bedding in the bio-retention area. This rock must be clean, washed and may not include crushed limestone. f. No soil mixture is specified for the bio-retention area. Sheet L200 calls out a soil mixture for all areas to be planted with groundcover, perennials or annuals. This mixture is not suitable for the bio-retention area. The mixture may include not less than 40% sand by volume and may not incorporate any in situ soil materials. g. Measures must be taken to address the drain tile and curb cut discharge points into the bio-retention area to assure that they do not scour over time or fill up with debris. h. The invert elevations of the drain-tiles where they enter the bio-filtration area must be called out on the plans. Lotus Retail Planning Case 10-04 February 2, 2010 Page 18 of 19 1. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. J. The existing grades are not legible on the civil plans. These must be clarified. k. The bio-retention area must be protected from heavy equipment traffic; this must be shown on the grading and utility plan sheets. 1. The total disturbed area should be quantified and reported on the grading plan. If this is equal to one acre or more an NPDES permit and SWPPP will be required. m. The developer shall comply with the requirements of the Carver Soil & Water Conservation District as specified in the letter to Robert Generous dated January 20, 2010. 4. Engineering a. A cross-access and parking agreement must be executed and recorded. b. The developer must provide a trucking route to the Engineering Department for review and approval. c. The grading plan must be changed so that the bio-retention basin will not be over the existing trunk watermain and sanitary sewer easement area. d. The developer shall replace the trunk watermain and will be reimbursed for the cost to replace the trunk watermain, install two gate valves, replace a fire hydrant and produce engineering as-built drawings. The reimbursement will be based on the actual cost to complete this work and shall not exceed $20,600 25,000. e. The new watermain shall meet the minimum City requirements, including stainless steel hardware on the valves and hydrant. f. A snake pit for the tracer wire shall be installed at each end. g. The sanitary sewer will be televised to determine its condition. The City will work with the developer to include maintenance or repair work if needed. h. The developer's engineer must submit cross sections at the proposed utility crossings for review and approval. 1. All civil sheets must be signed by an engineer registered in the State of Minnesota. 5. General a. In locations where the sidewalk crosses the curb, a pedestrian ramp shall be provided. b. The applicant shall revise the light plan to meet the requirement for 'lS foot-candle illumination at the property line. A revised photometric plan shall be submitted with the building permit to verify compliance with City Code. c. All signage shall comply with City Code and requires a separate sign permit application." Lotus Retail Planning Case 10-04 February 2,2010 Page 19 of 19 ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy Existing Conditions Dated 12/30/2009. 4. Reduced Copy Plat. 5. Reduced Copy Grading Plan. 6. Reduced Copy Utility Plan. 7. Reduced Copy Landscape Plan & Details. 8. Reduced Copy Site Plan. 9. Reduced Copy Floor Plan. 10. Reduced Copy Roof Plan. 11. Reduced Copy Site Lighting Plan. 12. Reduced Copy South Elevation (colored). 13. Reduced Copies Building Elevations (colored). 14. Color Photo Building Materials. 15. Amended and Restated CUP 88-13. 16. CUP 88-13 Conditions of Approval. 17. Approval letter dated January 28, 1996 for an amendment to CUP 88-13. 18. Letter from Chip Hentges, CSWCD, to Robert Generous dated January 20,2010. 19. Letter from Jon P. Solberg, MnDOT, to Robert Generous Dated January 22,2010. 20. Public Hearing Notice and Mailing List. g:\plan\20 I 0 planning cases\10-04 lotus retail\staff report. doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Center Companies, LLC and Jay and Peggy Kronick for an amendment to a Conditional Use Permit and Site Plan Review for an 8,000 square-foot, one-story, multi-tenant building with a Variance for parking placement in the Highway and Business Services District (BH). On February 2,2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Center Companies, LLC and Jay and Peggy Kronick for an amendment to Conditional Use Permit 88-13 to eliminate the Hennepin County parcel for a garden center and to relocate the storage bins to the Carver County parcel located at 78 West 78th Street; and Site plan review for an 8,000 square foot, one-story retail building with an 8% parking variance to permit 58% of the parking to be located between the front fa<;ade and the primary street, for property located at 19900 West 78th Street. The Planning Commission conducted a public hearing on the conditional use permit and site plan which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Highway and Business Services District (BH). 2. The property is guided by the Land Use Plan for Commercial use. 3. The legal description ofthe property is: CARVER COUNTY PROPERTY: 78 West 78th Street That part of Tract C, Registered Land Survey No. 59, files of Registrar of Titles, which lies South of a line drawn East perpendicular to the West line of said Tract C from a point thereon distance 103.00 feet South, as measured along said West line from the Northwest corner of said Tract C: And that part of Tract D lying Easterly of the Southerly extension ofthe West line of said Tract C, Registered Land Survey No. 59, flies of Registrar of Titles, all in Carver County, Minnesota. HENNEPIN COUNTY PROPERTY: 19900 West 78th Street That part of the West 149 feet of the Southwest Quarter of Section 7, township 116 North, Range 22 West of the 5th Principal Meridian, lying North of State Highway I No.5 and which lies South of a line drawn East perpendicular to the West line of Tract C, Registered Land Survey No. 59, files of the Registrar of Titles, Carver County, from a point thereon distant 103.00 feet South, as measured along said West line, from the Northwest comer of said Tract, C Hennepin County, Minnesota. 4. Conditional Use Findings a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: Conditional Use Permit 88~ 13 for a garden center currently encompasses both the Carver and Hennepin County sites. The applicant is requesting an amendment to CUP 88-13 to exclude the Hennepin County site from the CUP and to relocate the storage bins to the Carver County site. The CUP for the nursery will then solely be for the Carver County site. The conditions of approval for CUP 88- 13 will continue to be in effect. The use of the site for a garden center will not be detrimental to the public health, safety, comfort, convenience or general welfare ofthe neighborhood. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. Finding: The proposed use is consistent with the City's Comprehensive Plan and complies with the conditions of approval for CUP 88-13. c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The character of the general vicinity will not change. Other than the relocation of storage bins and materials from the Hennepin County site to the Carver County site, the appearance and function of the site will not be affected. The garden center will continue to operate in its current condition. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The surrounding uses are zoned for commercial and industrial use. The garden center will continue to operate in its current condition. The approval of the amendment eliminates the Hennepin County site from the legal description for the CUP and relocates the garden center related structures and materials to the Carver County site. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and 2 services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The site is currently serviced by municipal services, which are adequate for the development. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The site is currently serviced by adequate municipal services. The function of the garden center on the Carver County site will not change and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The garden center has been in operation since 1988 and is consistent with the standards of the Highway and Business Services District. The amendment to relocate the storage bins and eliminate the Hennepin County site from the CUP will not be detrimental to the surrounding area. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Access to the site and all parking currently exists on the site and will not interfere with traffic in the surrounding public thoroughfares or create traffic congestion. 1. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The site is consistent with the conditions of approval for CUP 88~ 13 and will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. Will be aesthetically compatible with the area. Finding: The garden center is consistent with the plans and conditions outlined in CUP 88~ 13 and are compatible with the surrounding area. k. Will not depreciate surrounding property values. Finding: The use will not depreciate surrounding property values. 3 1. Will meet standards prescribed for certain uses as provided in this article. Finding: The use is consistent with the Highway and Business Services District and other zoning requirements. 5. Site Plan 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; Finding: The development of the Hennepin County site is consistent with the City's development guides and comprehensive plan. b. The proposed development is consistent with the site plan review requirements; Finding: The site 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; Finding: One wetland exists adjacent to the property. This wetland will not be impacted as a result of this project. However, grading will occur adjacent to the wetland and steps will be taken to assure that the wetland is not impacted during development of the site. The development of the site maintains required setbacks from the wetland. The applicant will also incorporate a bio-retention pond to filter water runoff prior to entering the wetland. 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; Finding: The development will be harmonious with the existing buildings and features. The development also lends an architectural design standard for future development of the Carver County site. 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; Finding: The main entrances into the building are located on the south elevation with employee and services entrances on the north elevation. The parking is 4 located on the north, south and west side of the building and will be shared between the Carver and Hennepin County sites. 2) The amount and location of open space and landscaping; Finding: The site will be landscaped, including the landscaping islands in the parking lot. The applicant will also incorporate a bio-retention pond on the north end of the site to filter runoff prior to entering the wetland. 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 Finding: This is the first parcel to redevelop in this area. The architecture of the building will serve as the design standards for future redevelopment of the Carver County site. 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. Finding: The site includes sidewalks which connect with the existing public sidewalk along West 78th Street. Both the Carver and Hennepin County sites will share the existing access off West 78th Street. The parking is distributed around the building and will be shared between the sites. 5) 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. Finding: Sanitary sewer and water service are installed on the site and are consistent with all design standards. 6. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre- existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. 5 Finding: The main entrances to the building are located on the south side of the building with the employee and service entrances on the north side of the building. The additional parking in the south lot will provide better customer access to the main entrances of the building. Therefore, it is reasonable to have the majority of the parking located adjacent to the store entrances. The buildings on either side ofthe project have the majority oftheir parking located between the building and West 78th Street. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The location of the parking on site is limited by the City's desire to have a bio-retention water system adjacent to the wetland. Additionally, the City prefers that the trash enclosure be located to the rear of the structure. To accommodate these directives, more than 50 percent of the parking must be located to the south of the building. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The variance request is not based on the desire to increase the income potential of the site. The request is to provide the majority ofthe parking adjacent to the store entrances, where the customers want to park. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is not self-created since the City directs the developer to have a bio-retention water system adjacent to the wetland. Additionally, the City prefers that the trash enclosure be located to the rear of the structure. To accommodate these directives, more than 50 percent of the parking must be located to the south of the building. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of the variance will not be detrimental to the public welfare or other land improvements in the neighborhood. The customer entrances are adjacent to the south parking lot, while the employee and service entrances are located on the north side of the building. It is reasonable to provide the majority of the parking stalls adjacent to the customer entrances. f. The proposed variation will not impair an adequate supply oflight and air to adjacent property or substantially increase the congestion ofthe public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 6 Finding: The variance will not impair the supply of light and air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 7. The planning report, Planning Case #10-04 dated February 2,2010, prepared by Bob Generous and Angie Kairies, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve Planning Case #10-04 for an amendment to Conditional Use Permit 88-13 to eliminate the Hennepin County parcel for a garden center and to relocate the storage bins to the Carver County parcel located at 78 West 78th Street; and Site Plan approval for an 8,000 square foot, one- story retail building with an 8% parking Variance to permit 58% of the parking to be located between the front fayade and the primary street for property located at 19900 West 78th Street. ADOPTED by the Chanhassen Planning Commission this 2nd day of February, 2010. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 7 .. , CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 Planning Case No. JO ""'Oi- CiTY OF CHf\NHASSEi\1 RECEiVED DEVELOPMENT REVIEW APPLICATION DEe 3 1 2009 PLEASE PRINT Applicant Name and Address: UlifN"(ef< ~~fr1J L F:iC5 L.t..~ U7Z!> a;ut,.-1"6fJ. 2JL,.VO l &0 ITS ~ ~ CAAtJIH6$taV f MN &;-0/7 Contact: 8eN ~. M et2f4/AI\A-/J Phone:qS2-+14--49,tJ.~ Fax: '$2-+74- -~U Email: ~tVu~JtlriMIJ.t\@dI!A~/L)~4.fI.t.et;..li>W1 ,"'" n" r. ,., < Property Owner Name and a ress: . ) ,J ~ l.A-~ ~ ('...F3fJ"TEA lp..lv. .:rA\.( L... ~.p~ tV.. k.F2.aHl',,"- 9h"7S"~~ ~'I~/4*r .NJJ t;c;?>/A Contact: .::J"A4 ~tJt~~ Phone: '~"'14A1..()77.f, Fax:- Email: .lOfb~lo+~.S>\o.WO.c.cM NOTE: Consultation with City staff is reauired prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit X Conditional Use Permit (CUP); 41.. ~ Vacation of Right-of-Way/Easements (V AC) (Additional recording fees may apply) Interim Use Permit (IUP) Variance (V AR) Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal . Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review x . 'X Site Plan Review (SPR)*f5f!:O (C1?aoOF) Subdivision* Notification Sign - $200. (City to install and remove) X Escrow for Filing Fees/Attorney Cost** (-z,1<.) - ~ C.!.lf/~ACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 1,1 ~Ot!!>" C-tA. ~ An additional fee of $3.00 per address within the public 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 diaital 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. SCANNED r FOR SITE PLAN REVIEW: Include number of existing employees: 8 and new employees: 7 (/,01US /.(b (;) (~L. ~) 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. --., / c:l- 30. 0lCCR Date ~ te SCANNED g:\plan\forms\development review application.doc ~ 'li. 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CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND RESTATED CONDITIONAL USE PERMIT #88-13 PLANNING CASE 10-04 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: Garden Center 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: That part of Tract C, Registered Land Survey No. 59, files of Registrar of Titles, which lies South of a line drawn East perpendicular to the West line of said Tract C from a point thereon distance 103.00 feet South, as measured along said West line from the Northwest comer of said Tract C: And that part of Tract D lying Easterly ofthe Southerly extension of the West line of said Tract C, Registered Land Survey No. 59, flies of Registrar of Titles, all in Carver County, Minnesota. 3. Conditions. The permit is issued with the following conditions: a. Installation of a six-foot evergreen screen along the south, west and north walls of the greenhouse and installation of a two-foot hedge along the east side of the display area in front of the sales building. b. Approval and compliance with Wetland Alteration Permit #88-8. c. The applicant shall file a plat application in conjunction with the City of Chanhassen to reserve the necessary utility easements and to properly convey the northerly portion of the site to the City. 1 d. There shall be no outside sales of merchandise as opposed to outside display of merchandise. e. The applicant shall enter into a development contract with the city and provide the City with the necessary financial sureties to guarantee the installation of the public improvements. f. The sanitary sewer service shall have a sand trap prior to discharging into the public sanitary sewer system. g. Details for the installation and connection of the sanitary sewer and water services shall be submitted to the City Engineer for approval prior to final approval. h. A check valve shall be installed on the sanitary sewer service prior to discharge into the pubic sanitary sewer system. 1. The proposed utility easements shall be revised to include a 40- foot wide utility easement which shall cover all of the existing and proposed utilities. j. A revised grading, drainage and erosion control plan shall be submitted to the City Engineer for approval as part of the final review process. k. The proposed water service connection shall be "wet tapped" in accordance with the latest published version for the Standard Specifications for Utility Installation from the American Water Works Associations (A WW A). 1. Details for the service connection to the 10-inch diameter watermain should be submitted to the City Engineer for approval prior to final approval. m. An enclosure screening the bags of mulch and fertilizer shall be constricted by October 1, 1989. n. The applicant shall arrange to pave the parking area within four weeds of completion of the city's work. Upon approval from city staff, the applicant may receive an occupancy permit prior to completion of the paving work. o. Construction vehicles be screened (typical passenger vehicles and small pickup trucks excluded). p. The site shall not be used as a site for a landscaping contractor's yard business. q. The applicant may either install the greenhouse in the north/south orientation or install a six-foot arborvitae screen as recommended in condition #1. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. Ifwithin one year of the issuance ofthis 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. Dated: F ebruarv 22. 2010 2 CITY OF CHANHASSEN BY: Tom Furlong, Mayor (SEAL) AND: Todd Gerhardt, City Manager STATEOFMINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of , 2010, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 3 . ee __ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT ~~./.13.p <J,{) 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for; Garden Center 2. Property. The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: See attached Exhibit B. 3. Conditions. The permit is issued subject to the following conditions: See attached Exhibit A. 4. Termination of Permit. The City may revoke the permit following a public hearing under any of the following circumstances: material change of condition of the neighborhood where the use is located: violation of the terms of the permit. 5. Criminal Penalty. Violation of the terms of this \ conditional use permit is a criminal misdemeanor. Dated: September 12, 1988 CI STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) ~ , ~. A The f~fegoing instrument was acknowledged before me this ~day of ~~ , 19~, by Thomas L. Hamilton, Mayor, and Don Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation,~~~. KA"'EN J. ENCEt,.;\::~~OT NOTP-;W f'V!3t.lC - L!"".",,,OTA CAR'/l:n CO'}NTY My commission ex;;;: :es 10-16-91 ee ee EXHIBIT A 1. Installation of a 6 foot evergreen screen along the south, west and north walls of the greenhouse and installation of a 2 foot hedge along the east side of the display area in front of the sales building. 2. Approval and compliance with Wetland Alteration Permit *88-8. 3. The applicant shall file a plat application in conjunction with the city of Chanhassen to reserve the necessary utility easements and to properly convey the northerly portion of the site to the City. 4. There shall be no outside sales of merchandise as opposed to outside display of merchandise. 5. The applicant shall enter into a development contract with the City and provide the City with the necessary financial sureties to guarantee the installation of these public improvements. 6. The sanitary sewer service shall have a sand trap prior to discharging into the public sanitary sewer system. 7. Details for the installation and connection of the sanitary sewer and water services shall be submitted to the City Engineer for approval prior to final approval. 8. A check valve shall be installed on the sanitary Sewer service prior to discharge into the public sanitary sewer system. 9. The proposed utility easements shall be revised to include a 40-foot wide utility easement which shall cover all of the existing and proposed utilities. 10. A revised grading, drainage and erosion control plan shall be submitted to the City Engineer for approval as part of the final review process. 11. The proposed water service connection shall be "wet tapped" in accordance with the latest published version for the Standard Specifications for Utility Installation from the American Water Works Association (AWWA). 12. Details for the service connection to the lO-inch diameter watermain should be submitted to the City Engineer for approval prior to final approval. 13. An enclosure screening the bags of mulch and fertilizer shall be constructed by October 1, 1989. 14. The applicant shall arrange to pave the parking area within four weeks of completion of the city's work. Upon approval from city staff, the applicant may receive an occupancy permit prior to completion of the paving work. -1- ee ee 15. Construction vehicles be screened (typical passenger vehicles and small pick up trucks excluded). 16. The site shall not be used as a site for a landscaping contrac- tor's yard business. 17. The applicant may either install the greenhouse in a north/south orientation or install a six foot arborvitae screen as recom- mended in condition #1. -2- . . , ee -e EXHIBIT B Tract C and that part of Tract D lying Easterly of the Southerly extension of the west line of said Tract C, Registered Land Survey No. 59, files of Registrar of Titles, County of Carver1 Also the West 149 feet of that part of the Southwest quarter of Section 7, Township 116 North, Range 22 West of the 5th Principal Meridian, lyinS Southerly of the risht-of-way of the Chicago, Milwaukee and St. Paul Railway. . CIT~OF CIAHHASSEH 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 January 28,1996 Mr. Jay Kronick Lotus Lawn & Garden 78 W. 78th Street Chanhassen, MN 55317 Dear Mr. Kronick: The City Council approved an amendment to~~l'\i~t~~f$A'or a site plan review for a 2,480 square foot expansion to the sales area and a 409square foot expansion to the greenhouse area subject to the following conditions: ,.;, 1. The building must be in compliance with the Building Official and Fire Marshal in regards to installing a sprinkling system. 2. The water service must be located so as not topass under any buildings. 3. The additions and accessible route must meet building code requirements. 4. The applicant shall provide the City with a $2,000 cash escrow or letter of credit to guarantee boulevard restoration prior to commencing construction of the drive aisle and/or apron curb cut on West 78th Street. 5. The proposed drive shall be paved with bituminous and concrete curb and gutter pursuant to City Code. 6. The applicant shall incorporate foundation plantings south of the proposed sales and office building. Should you have any questions, please feel free to contact me. Sincerely, ~.~~~ Robert Generous, AICP Senior Planner BG:v c: Dave Hempel, Asst. City Engineer Steve Kirchman, Building Official ~\l\g c.~ .'( ~ to 1946 " a " O""ty S\~CI 219 East Frontage Road Waconia, MN 55387 Phone: 952-442-5101 Fax: 952-442-5497 (O.SEIVAT'.. "'S7.,eT httD:/Iwww.co.carver.mn.uslSWCD/SWCD main.html Mission Statement: To provide leadership in conservation and teach stewardship of the soil, water, and related resources through a balanced. cooperative program that protects, restores, and improves those resources. January 20,2010 Robert Generous Senior Planner City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Lotus Retail Development The SWCD has reviewed the above mentioned development plan for erosion and sediment control, and bio-retention placement. Following you will find our comments: The Carver SWCD will be completing inspections of the City of Chanhassen rules regarding erosion and sediment control. Though the project is below the threshold of the NPDES permit, the city will require that a person or persons knowledgeable to handle weekly inspections and installation and maintenance of sediment and erosion control measures be on site. This person should be the General Contractor as they have day to day responsibility, and control of payment for cost associated with erosion and sediment control measures. Erosion and Sediment and General Comments 1. Concrete washout area must be established and maintained on site - City of Chanhassen rules forbid any washout water from entering any part ofthe storm water. Plans must be available to handle the wash water from the Spec. Mixes, concrete trucks, and tools and equipment on site. Area must be a self contained and watertight. Concrete trucks with self contained washout systems can be used, but containment is needed on site for block layers etc. 2. Review of the final topsoil placement will need to be monitored by the owners representative to assure that placement of at least 4 - 6 inches of topsoil is placed on all landscape areas. 3. All seeded areas that will not be sodded, should have mulch placement to help enhance establishment of grasses. 4. De-watering plans should be addressed prior to construction in case it is required during initial phase of construction. AN EQUAL OPPORTUNITY EMPLOYER Bioretention Area /Raingarden 1. Curb cuts should be a minimum of at least 8 - 12 feet wide to eliminate concentrated flows into raingardens. Also, a plan detail should show how the water flow will enter into the basin without causing scouring and deposition of foreign material from depositing into the basin. 2. Sock should be removed on perforated drain tile if imbedded in rock. 3. Rock shown for use to bed perforated drain tile in bio-retention area needs to be specified. Recommend 1 Yz washed River Rock. 4. Detail plans are needed with proper grades for installation to be successful in the field. 5. Construction Notes and Raingarden Details do not match - clarify size of drain tile required. 6. Perforations of Drain tile should be noted - PVC Drain tile with perforations comes in many hole configurations - please specify in detail for the contractor on what will be required. 7. Any tile outlet into the basin will need to have rodent guards installed, and outlet stub protected. Suggestion would be a MnDot spec outlet. Also, include me with any correspondences of changes to this original concept plan, and also of any pre- construction meetings prior to start of construction. Sincerely, Chip Hentges CPESC Conservation Technician il~\"NEISO~1o Minnesota Departn:-ent of Transportation ~ ~ Metropolitan District ~ I Waters Edge ~OF~~~'1) 1500 West County Road B-2 Roseville, MN 55113-3174 Januaty 22,2010 Robert Generous, Senior Planner City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJECT: Hasl<elIs MnlDOT Review # Pl0-002 NOltheast Quadrant ofTH 5 and TH 101 City of Chanhassen/Carver County Control Section 2701 Dear Mr. Generous: The Minnesota Department of Trans pOl tat ion (Mn/DOT) has reviewed the above referenced revised plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please address the following comments: Upcoming Roadway Improvements: Mn/DOT would like to make the developer aware that three different projects will be taking place in the immediate vicinity during the Spring and Sumnier of 20 I 0 which may affect access to the site. The projects are as follows: (1) The TCWR Railroad will be making repairs to the rail crossings at TH 101 and 78th St which will require road closures. They are aiming to-begin the project in late Mayor early June. (2) MnlDOT will have a Metro-wide Americans with Disabilities Act (ADA) improvement project for the intersec~ions at TH 51TH 101 and TH 10 1/78th St., likely in May/June. (3) Mn/DOT will have a pavement project on TH 101 from TH 5 to CR 62/621ld St.later in the summer. For questions conceming these projects, please contact Nicole Peterson, MnlDOT Metro District South Area Engineer, at 651.234.7723. . Sllrvey: The following conections will need to be made on the plat: (1) The plat boundary needs to be defined using a heavier line weight. (2) All jurisdictions of right of way are lumped together, these need to be labeled appropriately and when separated M1i/DOT's right of way will need to be clearly labeled. (3) The northwest corner of Tract C needs to be labeled. An equal opportunity employer (4) A "centerline)' and its 100 foot offset line are shown on the map but are not labeled. (5) MnlDOT's access control and access opening rights need to be indicated on the plat. Please direct any questions regarding penn it requirements to Bruce Wetherbee, MnDOT's Survey Section, at (651) 366-5176. Permits: Any work impacting MnDOT right of way requires a permit. Permit forms are available from MnDOT's utility website at http://www.dot.state.mn.us/utility/tol.ms/index.htmlPlease include one :full-size plan set, and an 11 x 17 inch plan set for each permit application. Please direct any questions regarding permit requirements to Buck Craig, MnDOT's Metro Permits Section, at (651) 234-7911. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Reviews Mn/DOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 MnlDOT document submittal guidelines require either: 1. One (1) electronic pdf. version of the plans (the electronic version of the plan needs to be developed for 11" x 17" printable format with sufficient detail so that all features are legible); 2. Seven (7) sets of full size plans. If submitting the plans electronically, please use the pdf. format. MnlDOT can accept the plans via e-mail at metrodevreviews@state.ml1.us provided that each separate e-mail is less than 20 megabytes. Otherwise, the plans can be submitted on a compact disk. If you have any questions concerning this review please feel fi'ee to contact me at (651) 234-7792. Sincerely, JOll P. Solberg Senior Planner Copy: Lyndon Robjent, Carver County Engineer, Cologne, MN Blind Copy sent via Microsoft Outlool{: Nicole Peterson Tod Sherman E.Buck Craig Dale Matti Bruce Wetherbee Derek Beauduy Jeff Rones David Sheen Ann Braden / Metropolitan Council File Copy: MnJDOT Division File CS 2701 Mn/DOT LGL File City of Chanhassen, MN Lyndon Robjent Carver County Engineer 11360 Highway 212 West Suite 1 Cologne, MN 55322 CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 21, 2010, 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 Lotus Retail- Planning Case 10-04 to the persons named on attached Exhibit " "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me thi~ay of::1iYH..l'U'L~, 2010. ~VW\ ' T. ~. n~ 4;-r-' '-' Notary blic KlM T. 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ABRA CHANHASSEN REAL ESTATE CO 6322 TIMBER TRL EDINA MN 55439-1049 CRB FAMILY LP 18930 78TH ST W CHANHASSEN MN 55317-9347 KAHNKE BROS INC 1400 STEIGER LAKE LN PO BOX 7 VICTORIA MN 55386-0007 CRB FAMILY LP 18930 78TH ST W CHANHASSEN MN 55317 LYMAN LUMBER CO POBOX 40 EXCELSIOR MN 55331 CLIFFORD L WHITEHILL 5320 W HARBOR VILLAGE DR APT 201 VERO BEACH FL 32967-7416 DORN BUILDERS INC C/O MARATHON MANAGEMENT INC 2303 WATERS DR MENDOTA HEIGHTS MN 55120-1163 MCDONALD'S CORP (22-157) C/O EUGENE A BORG 15455 11 OTH ST NY A MN 55397-9453 CSM CORP 500 WASHINGTON AVE S #3000 MINNEAPOLIS MN 55415 TWIN CITIES & WESTERN RR CO 723 11TH ST E GLENCOE MN 55336 CLS PROPERTIES II LLC 4711 SHADY OAK RD HOPKINS MN 55343-8840 JAY L & PEGGY M KRONICK 8575 TELLERS RD CHASKA MN 55318-9265 STEVEN R SCHULZ 19143 TWILIGHT TR EDEN PRAIRIE MN 55346 ROSIE SHMYEL 19157 TWILIGHT TR EDEN PRAIRIE MN 55346 V GALEYEV & L GALEYEV 19153 TWILIGHT TR EDEN PRAIRIE MN 55346 CITY OF CHANHASSEN SITE PLAN PERMIT #10-04 SPECIAL PROVISIONS AGREEMENT dated February 22,2010, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Center Companies, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a Site Plan for an 8,000 square-foot retail building, an 8% parking Variance to permit 58% of the parking between the front fas;ade and the primary street, and an Amendment to Conditional Use Permit 88-13 to eliminate the site from the legal description for a garden center (referred to in this Permit as the "project"). The land is legally described as: That part of the West 149 feet of the Southwest Quarter of Section 7, township 116 North, Range 22 West of the 5th Principal Meridian, lying North of State Highway No.5 and which lies South of a line drawn East perpendicular to the West line of Tract C, Registered Land Survey No. 59, files of the Registrar of Titles, Carver County, from a point thereon distant 103.00 feet South, as measured along said West line, from the Northwest comer of said Tract, C Hennepin County, Minnesota. 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 prepared by SEH, dated 12/30/2009. Plan B-Grading, Drainage and Erosion Control Plan prepared by SEH, dated 12/30/2009. Plan C-Landscaping Plan prepared by SEH, dated 12/30/2009. Plan D-Utility Plans prepared by SEH, dated 12/30/2009. 1 4. Time of Performance. The Developer shall install all required screening and landscaping by October 1,2010. 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 $3,750 (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: Mr. Ben Merriman Center Companies, LLC 2025 Coulter Boulevard, Suite 215 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. City Council approves a Site Plan for an 8,000 square-foot retail building and an 8% parking Variance to permit 58% ofthe parking between the front fa<;ade and the primary street subject to the following conditions: A. Building Official 1. The buildings are required to have an automatic fire extinguishing system. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Accessible routes must be provided to commercial buildings. 2 4. All parking areas must be provided with accessible parking spaces. As submitted, the retail building must have a minimum of two (2) accessible parking spaces, one of which must have an 8-foot access aisle. 5. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit. B. Forester 1. This parcel is within the Emerald Ash Borer Quarantine area. All ash trees removed on site must be disposed of at an MDA approved ash tree disposal site. 2. The Black Hills spruce proposed at the northwest comer of the building must be replaced with a deciduous selection in order to avoid future sight line conflicts. 3. On the north property line, the applicant shall change two of the understory trees to overstory selections. 4. On the east property line, the applicant is short over- and understory trees. Staff recommends that the applicant meet minimum requirements for bufferyard plantings on the east side. 5. A line of shrubs must be planted along the parking lot on the south property line. The shrubs must have a minimum height of three feet at maturity. City approval of the shrubs species and planting spacing is required before installation. c. Water Resources 1. The following Standard City Plates shall be included in the submittal set: a. Plate No. 5300 - Silt Fence (wooden posts are not to be used) b. Plate No. 5301 - Rock Construction Entrance c. Plate No. 5302A - Catch Basin Sediment Trap 2. Sheet C1 of C5 calls out 8" PVC while sheet C5 of C5 indicates 8" PVC for the standpipes and 6" for the remaining perforated PVe. This discrepancy must be clarified. The Minnesota Stormwater Manual recommends an 8" draintile to reduce the potential for freezeup. 3. No sock should be used around the under drain in the bio-retention areas. 4. This will primarily be a Filtration Facility with Partial Recharge as described in the 2005 Minnesota Stormwater Manual. As such, the filter fabric over the gravel bed area but not extending to the side walls is adequate as shown. If insufficient separation is discovered between the bottom of the facility and the ground water, the fabric should be extended to the sidewalls as shown in Figure 12.BIOA of Chapter 12 in the 2005 Minnesota Stormwater Manual. 5. Rock specifications are required for the draintile bedding in the bio-retention area. This rock must be clean, washed and may not include crushed limestone. 6. No soil mixture is specified for the bio-retention area. Sheet L200 calls out a soil mixture for all areas to be planted with groundcover, perennials or annuals. This mixture is not suitable for the bio-retention area. The mixture may include not less than 40% sand by volume and may not incorporate any in situ soil materials. 7. Measures must be taken to address the drain tile and curb cut discharge points into the bio-retention area to assure that they do not scour over time or fill up with debris. 8. The invert elevations of the drain-tiles where they enter the bio-filtration area must be called out on the plans. 3 9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 10. The existing grades are not legible on the civil plans. These must be clarified. 11. The bio-retention area must be protected from heavy equipment traffic; this must be shown on the grading and utility plan sheets. 12. The total disturbed area should be quantified and reported on the grading plan. If this is equal to one acre or more an NPDES permit and SWPPP will be required. 13. The developer shall comply with the requirements of the Carver Soil & Water Conservation District as specified in the letter to Robert Generous dated January 20, 2010. D. Engineering 1. A cross-access and parking agreement must be executed and recorded. 2. The developer must provide a trucking route to the Engineering Department for review and approval. 3. The grading plan must be changed so that the bio-retention basin will not be over the existing trunk watermain and sanitary sewer easement area. 4. The developer shall replace the trunk watermain and will be reimbursed for the cost to replace the trunk watermain, install two gate valves, replace a fire hydrant and produce engineering as-built drawings. The reimbursement will be based on the actual cost to complete this work and shall not exceed $25,000. 5. The new watermain shall meet the minimum City requirements, including stainless steel hardware on the valves and hydrant. 6. A snake pit for the tracer wire shall be installed at each end. 7. The sanitary sewer will be televised to determine its condition. The City will work with the developer to include maintenance or repair work if needed. 8. The developer's engineer must submit cross sections at the proposed utility crossings for review and approval. 9. All civil sheets must be signed by an engineer registered in the State of Minnesota. E. General 1. In locations where the sidewalk crosses the curb, a pedestrian ramp shall be provided. 2. The applicant shall revise the light plan to meet the requirement for Yz foot-candle illumination at the property line. A revised photometric plan shall be submitted with the building permit to verify compliance with City Code. 3. All signage shall comply with City Code and requires a separate sign permit application. 8. General Conditions. The general conditions ofthis Permit are attached as Exhibit "A" and incorporated herein. 4 CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND: Todd Gerhardt, City Manager DEVELOPER: BY: Its STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of ,2010, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATEOFMINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2010 by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 5 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "A" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 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 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. 6 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 payor incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. 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 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. Severabilitv. 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 run with the land and may be recorded against the title to the property. 7 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. J. 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 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. 8 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of ,20_ By STATEOFMINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFfED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 9 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 MlNNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 10