CC Staff Report 05-24-20100
CITY OF
CHANHASSEN
7700 Market Boulevard
PC Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.2271110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
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
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Bob Generous, Senior Planner
DATE: May 24, 2010 ow
SUBJ: Powers Crossing Professional Center
Planning Case #09 -06
le,
PROPOSED MOTION
"The Chanhassen City Council approves a one -year extension until May 26,
2011 for the preliminary plat and development approvals for Powers Crossing
Professional Center, Planning Case #09 -06."
City Council approval requires a majority vote of City Council.
EXECUTIVE SUMMARY
The developer, United Properties, is requesting a one -year extension of the
preliminary plat for Powers Crossing Professional Center to May 26, 2011. The
extension is necessary due to the current depressed market conditions for
development and construction. The project is located at the southeast corner of
Powers Boulevard and US Highway 212.
Web Site Section 18 -41 of the Chanhassen City Code requires that the subdivider request final
wwaci.chanhassen.mn.us plat approval within one year of the preliminary plat approval unless a request, in
writing, is submitted to the City requesting for good cause for an extension of the
preliminary plat. Staff can attest to the slowdown in the development market due to
the existing economic conditions.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
Powers Crossing Professional Center
May 24, 2010
Page 2 of 3
The City and developer worked diligently to create a
well - designed project. This project is the linchpin for the
rest of development in the 2010 Metropolitan Urban
Service Area due to the location of a future sanitary
sewer lift station at Powers Boulevard and the future
east -west road. The schematic to the right represents a
concept for development of this area.
There have been no amendments to the City Code that
would adversely affect the conditions of approval for the
Powers Crossing Professional Center development. All
the conditions of approval shall remain in force for the
development. All fees were specified as those in effect
at the time of final plat approval. Staff is recommending
approval of the applicant's request for a one -year
extension to May 26, 2011.
BACKGROUND
On May 26, 2009, the Chanhassen City Council approved the following:
A. Rezoning of Lot 1, Block 1, from Agricultural Estate District, A2, to Office & Institutional
District, Ol." Please note that the rezoning of the parcel is only effective with the final
platting of the subdivision.
B. Conditional Use Permit with Variances to encroach into the primary zone and required
buffer for development in the Bluff Creek Corridor.
C. Subdivision (Preliminary Plat) creating one lot, two outlots and dedication of public right -
of -way, plans prepared by Westwood Professional Services, Inc., dated April 1, 2009.
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Todd Gerhardt
Powers Crossing Professional Center
May 24, 2010
Page 3 of 3
D. Site Plan with Variances for building
height and Bluff Creek Primary Zone
setbacks for Planning Case #08 -16, for a
two - phase, three- story, 160,000 square -
foot professional office building, and up
to a 731- stall, five -level parking ramp on
Lot 1, Block 1 of the development, plans
prepared by Pope Associates, Inc. and
Westwood Professional Services, Inc.,
dated April 1, 2009.
and
E. A sign size Variance request to permit an eight (8) foot tall sign with up to 64 square feet of
sign display area.
RECOMMENDATION
Staff recommends adoption of the following motion:
"The Chanhassen City Council approves a one -year extension until May 26, 2011 for the
preliminary plat and other development approvals for Powers Crossing Professional Center,
Planning Case #09 -06."
ATTACHMENTS
1. Letter from William P. Katter to Robert Generous dated May 4, 2010.
2. Letter from Robert Generous to Bill Katter dated June 5, 2009.
gAplan\2009 planning cases \09-06 powers crossing professional center \extension memo preliminary plat 2010.doc
Mt 4 UNITED
PROPERTIES
May 4, 2010
Mr. Robert Generous, AICP
City of Chanhassen
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
RECEIVED
MAY 5 - 2010
Re: Powers Crossing Professional Center
CITY OF CHANHASSEN
Dear Mr. Generous:
This letter is written to request an extension of our preliminary plat approval for the captioned project.
Currently, there is insufficient market demand for the project, and in general, new development remains
non - feasible given significant vacancy rates and lack of available financing for projects. United Properties
continues to pursue healthcare and other professional office users for the site and if we are able to
identify an anchor for the project, we will then request final plat approval.
We will keep the City apprised of any improvement in market conditions. We would greatly appreciate
the City working with us to effect this extension.
Sincere
William P. Katter
Sr. Vice President
United Properties
cc: Timothy Erhart
3500 American Blvd. W. Suite 200 Minneapolis, MN 55431
T 952.835.5300 F 952.893.8206 uproperties.com
4
CITY OF
CHAMSEN
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 Center
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.d.chanhassen.mn.us
June 5, 2009
Mr. Bill Katter
United Properties, LLC
3500 American Boulevard West
Minneapolis, MN 55431 .
Re: Powers Crossing Professional Center — Planning Case #09 -06
Dear Mr. Katter:
This letter is to confirm that on May 26, 2009, the Chanhassen City Council
approved the following:
A. "Rezoning of Lot 1, Block 1, from Agricultural Estate District, A2, to Office
& Institutional District, OI." Please note that the rezoning of the parcel is
only effective with the final platting of the subdivision.
B. "Conditional Use Permit with Variances to encroach into the primary zone
and required buffer for development in the Bluff Creek Corridor; subject to
the following conditions:
1. The property line may be revised to incorporate the reconveyed property
from MnDOT to the developer.
2. The developer shall is encouraged to meet design and construction
standards that would lead to, at a minimum, certification by the
Leadership in Energy and Environmental Design (LEED) Green Building
Rating System by the U.S. Green Building Council, or comply with the
Minnesota Sustainable Building Guidelines (MSBG).
3. To mitigate for the effects of development within the primary corridor, the
developer should be required encouraged to meet green construction
standards for the whole site.
4. All openings created in the wooded areas on the east and south sides of the
development shall be reforested with native tree species. Planting stock
sizes may be variable. Species selected must be from the Bluff Creek
Management Plan native plant list. These areas shall not be mowed or
managed as turf areas.
Chanhassen is a Community for Life • Providing for Today and Planning for Tomorrow
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 2 of 11
5. Evaluate other site designs, stormwater management techniques and low- impact
development practices for their benefit in reducing impacts to the primary and secondary
zones of the Bluff Creek Overlay District.
6. Reforest those areas disturbed to grade the site but do not have structures on them. The
reforestation should be done with deciduous tree species representative of the existing
species composition. The forested areas are dominated by bur oak.
7. Maintain the natural drainage patterns.
8. The applicant must clearly illustrate how impacts to the primary zone are to be mitigated.
This mitigation must consider all benefits derived from the primary zone as described in
Article XXXI of the Chanhassen City Code.
9. The area east of Lot 1 within Outlot A within the primary corridor of Bluff Creek shall be
covered by a conservation easement. This easement shall restrict activities within the
area and prohibit any development. The City shall have final approval of the easement
restrictions. Any wetland mitigation activities that are required within this area shall
have final approval by City staff. No additional activities shall be allowed within this
area and access to the mitigation site shall be the existing path.
10. The wooded areas of Lot 1 and Outlot B within the Bluff Creek primary zone shall be
covered by a conservation easement that restricts specific activities and prohibits any
further development within the area."
C. "Subdivision (Preliminary Plat) creating one lot, two outlots and dedication of public right -
of -way, plans prepared by Westwood Professional Services, Inc., dated April 1, 2009, subject
to the following conditions:
The developer shall either dedicate /donate an Outlot or record a conservation easement
containing the Bluff Creek Primary zone north of the road right -of -way in Outlot A. This
area of Outlot A is undevelopable and the land within the conservation easement could
not be used in future phases for density transfer purposes. A conservation easement shall
be recorded over the Bluff Creek Primary zone located within Lot 1 and Outlot B. This
easement shall restrict activities within the area and prohibit any development. The City
shall have final approval of the easement restrictions. The easement shall be recorded
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 3 of 11
with the first phase of the development.
2. Submit proposed names for street labeled "Access Road" on plans for approval.
3. The drainage report and plans must be revised to address comments from MnDOT.
4. The applicant must obtain a MnDOT drainage permit.
5. The drainage report and plans must be modified so that the peak discharge rate to the off -
site wetland does not increase under fully developed conditions.
6. The plans must be revised to provide either an overland emergency overflow or an
additional outlet control structure at a higher elevation.
7. The developer must submit a letter from an engineer stating that the retaining wall east of
the building can accommodate temporary ponding behind the wall.
8. The alignment of the bypass storm sewer pipe must be redesigned to eliminate excess
cover over the pipe.
9. If MnDOT allows a connection to the Highway 212 storm pipe, then show the existing
pipe on the plan sheets.
10. Building permits are required for retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota.
11. A manhole must be installed at the terminus of the sanitary sewer.
12. All sanitary sewer and watermain within Lot 1, Block 1 shall be privately owned and
maintained.
13. The storm sewer that will convey runoff from the drainageway to the east of the property
shall also be privately owned and maintained, including those portions that lie within
public right -of -way and the City owned outlot.
14. The 20 -foot wide drainage and utility easement shown on the preliminary plat over this
storm sewer must be deleted.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 4 of 11
15. Delete the 20 -foot wide drainage and utility easement for the future watermain.
16. Provide a temporary blanket drainage and utility easement — or similar mechanism
acceptable to the City - over the proposed forcemain corridor. The temporary easement
shall not encroach into the building envelope as shown on the site plan.
17. A permanent 20 -foot wide easement will be required over the final forcemain alignment.
18. Each new lot will be subject to the sanitary sewer and water hookup charges. These fees
will be collected with the building permit, subject to the rates in effect at the time of
building permit, and shall be based on the Metropolitan Council Environmental Services'
SAC unit determination.
19. All of the utility improvements are required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates. The applicant is also
required to enter into a development contract with the City and supply the necessary
financial security in the form of a letter of credit or cash escrow to guarantee installation
of the improvements and the conditions of final plat approval.
20. All public utility improvements will require a preconstruction meeting before building
permit issuance. Permits from the appropriate regulatory agencies will be required,
including the MPCA, Department of Health, Carver County and Watershed District.
21. Upon project completion as -built drawings must be submitted for the private utilities.
22. The developer must ensure that all traffic study data is provided to Carver County for
their review and must incorporate Carver County and MNDOT's comments into the plan.
23. An updated traffic study must be submitted with Phase 2 improvements. Powers
Crossing's financial obligations with respect to the signal installation will be determined
at that time and incorporated into the Site Plan Agreement for Phase 2.
24. A temporary roadway, drainage and utility easement must be provided over the cul -de-
sac at the east end of the access road.
25. This property is subject to the Arterial Collector Fee which is $3,600 per developable
acre. The acreage used in this calculation shall include the right -of -way turnback from
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 5 of 11
both Highway 212 and Powers Boulevard. This fee shall be paid in cash with the final
plat
26. The RIM and Flowage Easements need to be indicated on the plat. This should include
the document number 10- 05 -87 -1.
27. The wetland mitigation area in Outlot A needs to be created. A Declaration of
Restrictions and Covenants needs to be executed and recorded with Carver County. This
document number needs to be included on the plat.
28. The remaining conditions of approval for WAP #2006 -32 need to be met:
a. The plans shall be revised to show how M -1 will be accessed. The access route shall
be stable, shall avoid damage to significant trees (greater than 10" DBH) and shall
avoid impacts to natural drainageways and any jurisdictional wetlands that may exist
on site that were not delineated by Westwood Professional Services in August 2006.
b. A planting plan for M -1, including invasive vegetation management techniques,
species to be planted, proposed planting rates, and the approach to upland buffer
restoration, shall be submitted prior to final City Council approval.
c. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland
creation (including grading and seeding) to ensure the design standards for the
replacement wetland are met. The letter of credit shall be effective for no less than
five years from the date of final plat approval. The applicant shall submit a cost
estimate for wetland creation (including grading and seeding) so the City can
calculate the amount of the wetland creation letter of credit.
d. A five -year wetland replacement monitoring plan shall be submitted. The
replacement monitoring plan shall include a detailed management plan for invasive
non - native species, particularly hybrid cattail, purple loosestrife and reed canary
grass. The plans shall show fixed photo monitoring points for the replacement
wetland. The applicant shall provide proof of recording of a Declaration of
Restrictions and Covenants for Replacement Wetland.
29. The legal wetland boundary of the RIM wetland was not delineated in the Westwood
Wetland Delineation Report dated August of 2006. This boundary must be delineated
and wetland impacts avoided where possible.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 6 of 11
30. Because of the perpetual RIM and flowage easements the plans must be provided to the
Natural Resources Conservation Service for review and comment. Any comments from
the NRCS must be made available to the City.
31. Drainage to the RIM wetland from the south flows through a defined swale. The
conveyance of this flow must be maintained under the proposed road extension.
32. Erosion Control plan needs to be updated per the July comments:
a. Show a 75 -foot rock construction entrance.
b. Show rounding of corners for proposed grades.
c. Erosion control blanket shall be shown on all slopes east of the proposed building and
adjacent to the pond.
d. An NPDES permit must be obtained prior to any site grading and a SWPPP must be
provided to the City for review and comment.
e. Replace MnDOT 340 mix with a modified BWSR U7 seed mix.
33. Estimated SWMP fees due at the time of final plat are $271,506.20.
34. The development must comply with Carver Soil and Water Conservation District
comments.
35. All openings created in the wooded areas on the east and south sides of the development
shall be reforested with native tree species. Planting stock sizes may be variable.
Species selected must be from the Bluff Creek Management Plan native plant list. These
areas shall not be mowed or managed as turf areas.
36. The following practices are required in order to insure the best chance of survival for the
highlighted oaks to be preserved along the east side of the development:
a. Understory trees near the oaks shall be preserved.
b. Roots at the grading limits shall be cut cleanly with a trencher or vibratory plow.
c. Tree preservation fencing shall be installed prior to any grading.
d. Trees shall be thoroughly watered during dry periods.
37. The applicant shall install a second tier to the retaining wall at the north end of the east
side of the development to preserve the grade surrounding the oaks proposed to be saved.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 7 of 11
38. Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is
completed.
39. Any trees removed in excess of proposed tree preservation plans, dated 10/06/08, will be
replaced at a ratio of 2:1 diameter inches.
40. All trees removed shall be chipped or hauled off site. No burning permits shall be issued.
41. The developer shall pay the full park dedication fee in force at the time of final plat
approval and prior to recording.
42. Construction of the 10 -ft. wide bituminous access road trail and the North Trail. The
North Trail plans shall be modified dedicating a permanent 20 -foot wide trail easement to
allow for appropriate separation from adjoining improvements and boulevard areas for
winter plowing, snow storage and aesthetics.
43. Dedication of a permanent triangular shaped trail easement at the South East corner of
Lot 1, Block 1. The triangle shall be 50' in length on its South side and 200' in length on
its East side.
44. The developer shall finance the cost or a portion of the 2010 MUSA trunk lift station and
enter into an agreement with the City for repayment at the time of final plat."
D. "Site Plan with Variances for building height and Bluff Creek Primary Zone setbacks for
Planning Case #08 -16, for a two - phase, three - story, 160,000 square -foot professional office
building, and up to a 731- stall, five -level parking ramp on Lot 1, Block 1 of the development,
plans prepared by Pope Associates, Inc. and Westwood Professional Services, Inc., dated
April 1, 2009, subject to the following conditions:
1. The final plat for the development shall be recorded prior to the issuance of a building
permit.
2. The full buildout is predicated upon a tumback to the land owner of MnDOT right -of-
way. In the event that this tumback does not occur, the applicant may build a four -story
building totaling 112,000 square feet subject to parking compliance with City Code.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 8 of 11
3. The developer is encouraged to meet design and construction standards that would lead
to, at a minimum, certification by the Leadership in Energy and Environmental Design
(LEED) Green Building Rating System by the U.S. Green Building Council, or comply
with the Minnesota Sustainable Building Guidelines, MSBG.
4. The developer shall continue the architectural detailing through the use of the three brick
colors as well as the use of stone and metal on the garage structure.
5. The developer shall provide secure bicycle racks and/or storage (within 200 yards of a
building entrance) for 5% or more of all building users (measured at peak periods), and
provide shower and changing facilities in the building. The developer should also
provide benches throughout the site as well as tables and chairs in the patio area.
6. The buildings are required to have an automatic fire extinguishing system.
7. The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
Accessible routes must be provided between commercial building(s), parking facilities
and public transportation stops.
9. All parking areas, including parking structure, must be provided with accessible parking.
10. The developer shall comply with the minimum parking setback requirement and install
appropriate berming and or landscaping to allow the 10 feet setback.
11. Retaining walls over four feet high must be designed by a professional engineer and a
permit must be obtained prior to construction.
12. All openings created in the wooded areas on the east and south sides of the development
shall be reforested with native tree species. Planting stock sizes may be variable.
Species selected must be from the Bluff Creek Management Plan native plant list. These
areas shall not be mowed or managed as turf areas.
13. The applicant shall install a second tier to the retaining wall at the north end of the east
side of the development to preserve the grade surrounding the oaks proposed to be saved.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 9 of 11
14. The applicant does not meet required landscape quantities for parking lot trees and
islands /peninsulas in both phases. The applicant must meet minimum requirements for
parking lot trees and landscape islands /peninsulas.
15. Phase I: The applicant does not meet minimum requirements for either of the bufferyard
areas. The applicant shall revise the landscape plan to meet minimum requirements.
16. Phase H: The applicant does not meet the minimum requirements for bufferyard areas.
The applicant shall increase the plantings to meet minimum requirements.
17. The applicant must replace the Colorado spruce with other approved species in the plant
schedule.
18. All transplanted materials must be pre- approved by the City. Transplanted trees will not
be accepted if substituted without City approval. If approved for transplanting, the
material must be warranted for a minimum of one year. If transplanted materials die,
they must be replaced with nursery stock.
19. Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is
completed.
20. Any trees removed in excess of proposed tree preservation plans, dated 04/01/09, will be
replaced at a ratio of 2:1 diameter inches.
21. All trees removed shall be chipped or hauled off site. No burning permits shall be issued.
22. The North Trail plans or parking lot design shall be modified to allow for appropriate
boulevard areas for winter plowing, snow storage and aesthetics.
23. A Moot clear space must be maintained around fire hydrants, and nothing shall be placed
in front of the hydrant outlets, connections, fire protection control valves that would
interfere with fire fighter operations. Section 508.5 M. Fire Code and Sec. 508.5.4.
24. No burning permits shall be issued for trees to be removed. Trees and shrubs must be
removed or chipped on site.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 10 of 11
25. Contact the Chanhassen Fire Marshal for locations of "No Parking Fire Lane" signage,
and locations of curbing to be painted yellow. MN Fire Code Sec. 503.3.
26. Fire apparatus access roads and water supply for fire protection is required to be
installed. Such protection shall be installed and made serviceable prior to and during the
time of construction except when approved alternate methods of protection are
provided. MSFC sec 501.4.
27. Fire apparatus access roads .shall be designed and maintained to support the imposed
loads of fire apparatus and shall be serviced so as to provide all- weather driving
capabilities. MSFC Sec. 503.2.3.
28. Due to the unknown timeframe associated with the signal installation, an updated traffic
study must be submitted with Phase 2 improvements. Powers Crossing's financial
obligations with respect to the signal installation will be determined at that time and
incorporated into the Site Plan Agreement for Phase 2."
and
E. "A sign size Variance request to permit an eight (8) foot tall sign with up to 64 square feet of
sign display area, subject to the following conditions:
1. Separate sign permits shall be required for each sign.
2. The development name in the monument sign shall be individual dimensioned letters with a
minimum 1 /2-inch projection.
3. Only one monument sign shall be permitted for the Powers Crossing Professional Center site.
4. The sign height for the directional signs shall be reduced to five feet. The display area for
sign #2 shall be reduced to four square feet.
5. The sign location shall meet all setback and site triangle requirements."
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 11 of 11
Final plat documents must be submitted to the City 30 days prior to the City Council meeting in
which you wish to have your final plat approved. Conditions of the preliminary plat approval
must be addressed for final plat approval. Enclosed is the list of items required for submittal for
final plat approval.
Also enclosed is a site plan agreement that must be executed by United Properties. Note that if
there is a different property owner and/or mortgage holder on the property, they will need to sign
the consent(s) at the end of the agreement. Return the agreement to me for City execution and
recording at Carver County within 120 days of the final plat approval. The required security
specified in the site plan agreement ($5,000.00) shall be submitted prior to the City issuing a
building permit. A copy of the executed agreement will be returned for your files.
The City may not issue a building permit for this project until the final plat documents and all
required fees and security have been executed and submitted to the City. If you have any
questions or need additional information, please contact me at (952) 227 -1131 or
bgenerous@ci.chanhassen.mn.us
Sincerely.
Robert Generous, AICP
Senior Planner
ec: Kate Aanenson, Community Development Director
Alyson Fauske, Assistant City Engineer
Todd Gerhardt, City Manager
Terry Jeffery, Water Resources Coordinator
c: Timothy A. & Dawne M. Erhart
9611 Meadowlark Lane
Chanhassen, MN 55317
Enclosures
g:\plan\2009 planning cases \09 -06 powers crossing professional center\approval letter.doc