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CC Staff Report 10-11-2010
0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.2271110 Building Inspections Phone: 952227.1180 Fax: 952.227.1190 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner OW — DATE: October 11, 2010 SUBJ: M. A. Gedney Warehouse Expansion, Planning Case #10 -11 PROPOSED MOTION "The Chanhassen City Council approves the site plan for a 39,000 square -foot, one -story warehouse expansion subject to the conditions of the staff report and adoption of the Planning Commission's findings of fact." City Council approval requires a simple majority vote. �.J Engineering EXECUTIVE SUMMARY Phone: 952227.1160 Fax: 952.227,1170 The developer is proposing an approximately 39,000 square -foot warehouse expansion to the M.A. Gedney pickle manufacturing facility located in southern Chanhassen. Finance Phone: 952.227.1140 PLANNING COMMISSION SUMMARY Fax: 952.227.1110 Park & Recreation The Planning Commission held a Public Hearing on September 21, 2010, to review the Phone: 952.227.1120 proposed development. The Planning Commission voted 5 for and none against a motion Fax: 952.227.1110 recommending approval of the project. Recreation Center The Planning Commission wanted to make sure that the proposed project would comply 2310 Coulter Boulevard with the City' �, surface water management requirements. The Phone: 952.227.1400 currently proposed conditions of approval will ensure that surface water runoff will be managed to City Code. Fax: 952227.1404 However, we 'would recommend that a drainage easement be recorded over the area of Planning & the parcel to 1 <e used for surface water treatment to assure the management practice Natural Resources remains until It is superseded with future development. The developer shall be Phone: 952.227.1130 responsible for the maintenance of this surface water treatment system. Fax: 952.227.1110 The Planning Commission minutes for September 21, 2010 are item la of the October 11, Public Works 2010, City Council packet. 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 RECOMMENDATION Senior Center Staff and the lanning Commission recommend City Council approve the M. A. Gedney Phone: 952.227.1125 warehouse ex ansion project. Fax: 952.227.1110 Web Site ATTACHMENTS www.ci.chanhassen.mn.us 1. Planning Commission Staff Report Dated September 21, 2010. 2. Site Plan Permit #2010 -11. \\ cfsI \cfsl\shared_data \plan\2010 planning cases \10 -11 gedney site plan \executive summary.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN PC DATE: September 21, 2010 1 CC DATE: October 11, 2010 REVIEW DEADLINE: October 19, 2010 CASE #: 10 -11 BY: AF, RG, TJ, ML, JM, JS PROPOSED MOTION: "The Chanhassen City Council approve the site plan for a 39,000 square -foot, one -story warehouse expansion, plans prepared by Phillip D. Johnson, dated May 12, 2010, subject to the conditions of the staff report. And, Adoption of the findings of fact ." SUMMARY OF REQUEST: The developer is requesting Site Plan Review for a 39,000 square -foot warehouse expansion — M.A. GEDNEY LOCATION: APPLICANT: 2100 Stoughton Avenue (PID: 25- 0030700) Phillip D. Johnson 9116 34`" Avenue North New Hope, MN 55427 (763) 545 -1072 phillipdj ohnson(d�comcast.net Thompson Avenue Ventures, LLC 102 Jonathan Boulevard North, #200 Chaska, MN 55318 (952) 368 -9009 PRESENT ZONING: Industrial Office Park (IOP) 2030 LAND USE PLAN: Office Industrial ACREAGE: 24.19 acres DENSITY: 0.17 F.A.R. LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi judicial decision. PROPOSAL /SUMMARY The developer is proposing an approximately 39,000 square -foot warehouse expansion to the M.A. Gedney pickle manufacturing facility located in southern Chanhassen. North of the site is vacant land in the City of Chaska and County Road 61. To the east is an electrical substation for Minnesota Valley Electric and a cemetery. South across Stoughton Avenue is Gedney Expansion September 21, 2010 Page 2 of 10 the Riverview Terrace mobile home park. To the west across Audubon Road are commercial businesses. Sewer service, at least for the office portion of the building, is provided by the City of Chaska. The processing waste water is treated in holding ponds constructed for the facility southeast of the site in the Minnesota River valley on property owned by M.A. Gedney on the south side of Stoughton Avenue. M.A. Gedney has its own well for water service. The site has been in operation as a pickle factory for several decades. The majority of the site has been previously altered. The building expansion is proposed in an area used for the storage of material and equipment. The proposed expansion continues the use of material from the existing building. In the future if urban services are available for the entire area, the vacant land on the north side of the building will develop, creating a visual barrier to the north side of the building. Prior to the development of the property, the City will have to undertake a feasibility study to determine the cost effectiveness of the extension of utilities to the property, and at that time determine whether the City of Chanhassen or Chaska should provide sewer service to the property. In anticipation of the redevelopment of this area, staff has also had discussions with the City of Chaska about extending Engler Boulevard as a connection to the north. Staff is recommending approval of the expansion subject to the conditions of the staff report. APPLICABLE REGUATIONS Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XXII, "IOP" Industrial Office Park District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Developments BACKGROUND October 18, 1982, City Council approves Industrial Revenue Bond resolution for M.A. Gedney ( #82 -64) November 1979, City Council approves a sign variance to permit two signs on the industrial site. Gedney Expansion September 21, 2010 Page 3 of 10 May 1979, City Council approves 41,500 square -foot warehouse expansion, 6,000 square -foot sauerkraut manufacturing and 1,200 square -foot refrigeration storage (Planning Case P -125/ SPR #71 -1). May 1972, Chaska - Chanhassen - Metropolitan Sewer Board enter into agreement to permit M.A. Gedney to continue to use Chaska sanitary sewer system. June 1968, City of Chaska and Village of Chanhassen enter into agreement to annex to Chanhassen and de -annex from Chaska land being purchased by M.A. Gedney for the plant operations. April 1, 1963, City of Chaska and M.A. Gedney enter into a sewer connection agreement. GENERAL SITE PLAN /ARCHITECTURE The proposed 39,000 square -foot, one - story, 26- foot high expansion would extend the building to the east. The picture shows the area of expansion on the east end of the building. ARCHITECTURAL COMPLIANCE �• � � \ ��\ w t, Q I �s = 141 t ` 1190 . \ ��.. SITE PLAN I" = 50' -0" PAPI0IG Size Portion Placement The developer is proposing two overhead doors and two entry doors on the south elevation of the building as the initial phase of the expansion. Knock -out panels for an additional five overhead doors are shown on the plans for this elevation. There are two entry doors proposed on the east Gedney Expansion September 21, 2010 Page 4 of 10 side of the building and two on the north side of the building. The north elevation also has six knock -out panels for possible future openings, which could accommodate office space. Such conversion would require that sewer service be available for the offices. The developer should investigate the use of clerestory windows around the building expansion. These upper level windows would permit natural lighting within the storage area. Material and detail The developer is proposing the continuation of the white concrete masonry rock face block as the primary material for the building expansion. Bands of smooth face block are located at the top and bottom of the existing building and should be continued on the expansion. The building color is white. To avoid long unbroken expanses, buildings of more than 40 feet in width shall be divided into smaller increments (between 20 and 40 feet) through articulation of the facade. The expansion should investigate the use of columns to help break up the building elevations at approximately 40 -foot intervals. Height and Roof Design The building height is 25 ,feet to the roof with a one -foot parapet around the building. The roof is flat. At the present time, only a unit heater exhaust pipe is proposed. Mechanical equipment shall be screened if any is installed. No wooden fences shall be used on the roof for screening. Fagade Transparency For buildings that were built prior to September 24, 2001, the city will encourage the use of transparent windows or doors as part of any building expansion. However, provided the expansion, at a minimum maintains the existing patterns and details of the existing building architecture, the proposed expansion would not be required to meet the 50 percent transparency requirement. The proposed expansion could contain significantly more openings should all the overhead doors and accesses be installed. Site Furnishing The developer will be required to provide at a minimum additional site landscaping. Gedney Expansion September 21, 2010 Page 5of10 Loading Areas, Refuse Area, etc. Access to the site is via Stoughton Avenue through existing curb cuts. The site is enclosed in its entirety by a chain link fence. Due to the existing configuration of the building, it is unfeasible to locate loading docks that are not visible by the public. Landscaping In calculating the planting requirement along the south property line, the developer excluded the driveway and electric easement widths. However, City requirement includes these linear distances in calculating the minimum requirement. Buffer yard requirements: The applicant does not meet the minimum requirements for buffer plantings. The developer shall increase the number, of overstory trees by four. Staff recommends that the blue spruce and Redbud species be replaced from the City's approved list of landscape material. The developer shall submit a revised landscape plan for City review and approval prior to issuance of a building permit. The applicant needs to confirm Red Blaze maple means the same as Autumn Blaze maple. Blue spruce should be changed to a white spruce variety, such as Black Hills. Redbud is marginally hardy. Staff recommends a crabapple variety, Japanese tree lilac or hawthorn for the understory trees. All ornamental trees must be at least one inch in diameter, not two feet tall. Lot Frontage and Parking location The parcel fronts on Stoughton Avenue and Audubon Road. The parking is distributed around the building to the northwest and south side of the existing structure. While additional spaces are shown just to the southeast of the expansion, these are proposed as proof of parking. No additional stalls are show between the warehouse expansion and Stoughton Avenue. The number of additional par ing stalls attributable to the expansion is 20 spaces. Lighting and Signage The proposed expansion installs two wall pac with cut -off shield lighting fixtures on the south side of the building. Required plantings Proposed plantings Bufferyard B — east prop. Line, 250' 2 Overstory trees 1 Overstory trees 4 Understory trees 6 Understory trees 6 Shrubs 3 Conifers 8 Shrubs Bufferyard C — south prop. Line, 218' 4 Overstory trees 1 Overstory trees 8 Understory trees 3 Understory trees 12 Shrubs 11 Shrubs The applicant does not meet the minimum requirements for buffer plantings. The developer shall increase the number, of overstory trees by four. Staff recommends that the blue spruce and Redbud species be replaced from the City's approved list of landscape material. The developer shall submit a revised landscape plan for City review and approval prior to issuance of a building permit. The applicant needs to confirm Red Blaze maple means the same as Autumn Blaze maple. Blue spruce should be changed to a white spruce variety, such as Black Hills. Redbud is marginally hardy. Staff recommends a crabapple variety, Japanese tree lilac or hawthorn for the understory trees. All ornamental trees must be at least one inch in diameter, not two feet tall. Lot Frontage and Parking location The parcel fronts on Stoughton Avenue and Audubon Road. The parking is distributed around the building to the northwest and south side of the existing structure. While additional spaces are shown just to the southeast of the expansion, these are proposed as proof of parking. No additional stalls are show between the warehouse expansion and Stoughton Avenue. The number of additional par ing stalls attributable to the expansion is 20 spaces. Lighting and Signage The proposed expansion installs two wall pac with cut -off shield lighting fixtures on the south side of the building. Gedney Expansion September 21, 2010 Page 6 of 10 No additional signage is proposed with the expansion. However, on -site directional signage may be required in the future. COMPLIANCE TABLE IOP Gedney Expansion Building Height 4 stories 1 story 50 feet 26 feet Building Setback N - 10'E - 10' N — 238' E - 27' W- 30'S -30' W -33TS -195' Parking Stalls 213 stalls 211 stalls shown@ (Office 511,000 with 8,122 sq. ft. of office equals 41 stalls. Warehouse 1 /1,000 for first 10,000, then 1/ 2,000 thereafter with 123,545 sq. ft. of warehouse equals 67 stalls. Manufacturing 1 /employee on largest shift with 105 employees equals 105 stalls.) Hard Surface Coverage Lot Area @ The developer shall with City Code. MISCELLANEOUS The applicant shall provi, Code Section 2303 and tl is required to parts of the topography, power lines, protection in lieu of apps information. The entire facility must 1 "unlimited" size buildinl fire -wall separations ma: professionals licensed in Code (MSBC 1341) regi cannot be reviewed until shall meet with the Inspe procedures. 70% 48.6% 1 acre 24.2 acres that 213 parking stalls can be accommodated on site in compliance information of the product commodity per 2007 Minnesota Fire proposed storage height in order to determine if fire apparatus access xilding. If apparatus access is required but not practical due to ilways or similar conditions, the fire code will accept additional fire us access. Contact Chanhassen Fire Marshal for additional gyve an automatic fire extinguishing system for consideration as an (Ref. 2006 IBC Sec. 507); if any portion of the facility is not sprinkled, be required. The plans must be prepared and signed by design he State of Minnesota. Compliance with Minnesota Accessibility red. Detailed occupancy and building area - related code requirements urther information is provided: The owner and/or their representative tions Division as soon as possible to discuss plan review and permit Gedney Expansion September 21, 2010 Page 7of10 The addition encroaches into the electric transmission easement. Staff recommends that the applicant verify with the utility company that the proposed addition is acceptable. A demolition permit is required for building removals that take place before the building permit for the addition is issued. There are wooden bollards around the existing electrical tower. Any bollards damaged or removed with construction must be replaced. DRAINAGE & EROSION CONTROL Chanhassen City Code §49 -141 states: "These development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features." Because of this, the developer must provide for treatment of runoff from the site including rate control and water quality', treatment. In an effort to work with the developer in consideration of the existing site constraints, the developer was asked to provide this treatment for only an area equal to the size of the expansion. The consulting engineer suggests that they are considering not employing any stormwater treatment facilities. This would not be an acceptable alternative. A facility must be identified and preserved for the express purpose of treating stormwater runoff water quality per § 19- 144(3) a and b. "Newly constructed or in detention basins shall provide storage volume below the outlet (dead storage) to allow for water quality treatment in accordance with the following, whichever is most restrictive: a. Water quality features meeting the MPCA NPDES construction permit for permanent stormwater management systems; b. Water quality treatment consistent with NURP criteria (90 percent removal of TSS and 60 percent removal of TP for a standard NURP particle size distribution); and/or" Further, this watershed discharges to an Outstanding Resource Value Water in Assumption Creek and must take steps to provide temperature control BMPs per the same section as well as per the City's MS4 permit and the NPDES Construction Permit. The less costly way to perform this would be to have an infiltration area with a discharge into a grass swale or other non- structural best management practice. Because of this need for stormwater treatment facility, the total size of the disturbance is unknown but will exceedl the footprint of the new addition. If this exceeds one acre, a National Pollution Discharge Elimination Permit will be required by the Minnesota Pollution Control Agency. Even if it does not exceed this threshold, a detailed erosion and sediment control plan is required by Chanhassen City Code. Gedney Expansion September 21, 2010 Page 8 of 10 Another consideration is that this discharge will leave the City of Chanhassen and enter into the City of Chaska. As a regulated MS4, we are required to account for all discharge points leaving our jurisdiction to assure that we are not contributing to a downstream problem as a result of this connection. It has been communicated by the City of Chaska that while the current stormwater design is not acceptable, an acceptable design on the site is achievable and can be addressed before a building permit is granted for the site plan design. Staff agrees with this assertion. RECOMMENDATION Staff and f;eee --i° that the Planning Commission recommend that City Council approve the proposed 39,000 square -foot, one -story warehouse expansion and adoption of the attached findings of fact and reeemmenda en subject to the following conditions: Fire Marshal: The applicant shall provide information of the product commodity per 2007 Minnesota Fire Code Section 2303 and the proposed storage height in order to determine if fire apparatus access is required to parts of the building. If apparatus access is required but not practical due to topography, power lines, railways or similar conditions, the fire code will accept additional fire protection in lieu of apparatus access. Contact Chanhassen Fire Marshal for additional information. City of Chaska: 2. A Metropolitan Council SAC determination will still be required and Chaska shall be reimbursed at a rate o $1,157 per SAC unit for providing trunk service to the building expansion. Building Official: 1. The entire facility must have an automatic fire extinguishing system for consideration as an "unlimited" size building (Ref. 2006 IBC Sec. 507); if any portion of the facility is not sprinkled, fire -wall separations may be required. 2. The plans must be prpared and signed by design professionals licensed in the State of Minnesota. 3. Compliance with Minnesota Accessibility Code (MSBC 1341) is required. 4. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Gedney Expansion September 21, 2010 Page 9of10 5. A demolition permit is required for building removals that take place before the building permit for the addition is issued. Environmental Resource Specialist: The applicant shall increase the number of overstory trees by four. The applicant shall submit a revised landscape plan for City review and approval prior to issuance of a building permit. 2. The blue spruce and Redbud species shall be replaced from the City's approved list of landscape material. 3. All ornamental trees must be at least one inch in diameter. Planner: 1. Mechanical equipment shall be screened if any is installed. No wooden fences shall be used on the roof for screening. 2. The developer shall show that 213 parking stalls can be accommodated on site. 3. The developer should' investigate the use of clerestory windows around the building expansion. 4. The expansion should investigate the use of columns to help break up the building elevations at approximately 40 -foot intervals. 5. The addition encroaches into the electric transmission easement. Staff recommends that the applicant verify with the utility company that the proposed addition is acceptable. 6. There are wooden removed with con 7. Prior to the de to undertake a the property. Water Resource 1. The developer must 2. The developer must around the existing electrical tower. Any bollards damaged or must be replaced. of the vacant property north of the existing building, the City will have study to determine the cost effectiveness of the extension of utilities to rate control for an area equal to the addition. water quality treatment for the same area. Gedney Expansion September 21, 2010 Page 10 of 10 3. The developer must comply with any requirements for discharging to an Outstanding Resource Value water. This can be accomplished through infiltration and discharge through non - structural BMPs at a relatively low cost. 4. The developer will need to apply for and receive an NPDES Small Site Construction permit in the event that one acre or more of disturbance results on the entire site. The developer must provide a detailed grading and erosion control plan compliant with City Code. 6. A drainage easement shall be recorded over the area of the parcel to be used for surface water treatment. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Site and Project Tabulations. 4. ALTA/ACSM Land Title Survey. 5. Reduced Copy Site Plan Dated May 12, 2010. 6. Reduced Copy Site Plan with Proposed Plan for Parking and Lighting. 7. Reduced Copy Buildi'mg Elevations. 8. Reduced Copy Floor Plan. 9. Reduced Copy Grading & Drainage Plan. 10. Proposed Plan for Site Plantings dated 9/9/10. 11. Proposed Planting Schedule for Site Plantings dated 9/9/10. 12. Affidavit of Mailing Public Hearing Notice. gAplan \2010 planning cases \10 -11 ge ney site plan\staff report gedney expansion.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Phillip D. Johnson and Thompson Avenue Ventures, LLC, for Site Plan Review for a 39,000 square -foot, one -story warehouse expansion in the Industrial Office Park District (IOP). On September 21, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Phillip D. Johnson and Thompson Avenue Ventures, LLC, for Site plan review for a 39,000 square -foot, one -story warehouse expansion for property located at 2100 Stoughton Avenue. The Planning Commission conducted a public hearing on the 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 Industrial Office Park District (IOP) 2. The property is guided by the Land Use Plan for Office Industrial use. 3. The legal description of the property is: See attached Exhibit A 4. 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 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: The propose expansion extends above a previously altered area enclosing a storage and parking area. The proposed development is in keeping with the general appearance of the neighboring developed or developing areas. d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; Finding: The development will be harmonious with the existing site buildings and features. 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 proposed expansion is in a logical and practical location on the site. 2) The amount and location of open space and landscaping; Finding: The proposed expansion to the building only brings the building coverage of the site to 17 percent. Total hard cover is at 49 percent of the site. Additional landscaping shall be provided. 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'I Finding: The proposed expansion continues the use of the existing building material. 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: Access to the site shall remain as exists. Parking areas and circulation comply with code requirements. 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 efects on neighboring land uses. Finding: Surface water is being directed to a storm water swale system. The building expansion is toward the electrical substation to the east. 5. The planning report, Planning Case #10 -11 dated September 21, 2010, prepared by Robert Generous, et al, is incorporated herein. 2 RECOMMENDATION The Planning Commission recommends that the City Council approve Planning Case #2010 -11 for Site Plan approval for a 39,000 square -foot, one -story warehouse building expansion located at 2100 Stoughton Avenue. ADOPTED by the Chanhassen Planning Commission this 21S` day of September, 2010. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 3 EXHIBIT A LEGAL DESCRIPTION Parcel 1: That part of the Northwest Quarter of Section 3, Township 115, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the West line of said Section 3 distant 1795.7 feet due South of the Northwest corner thereof, said point being in the Southeasterly right of way line of the Minneapolis & St. Louis Railroad; thence running Northeasterly along said right of way line 997.8 feet; thence running due South parallel with the West line of said Section 3, 272.18 feet to a point in the centerline of the industry spur track, said point being the actual point of beginning of the tract of land to be described, said point also being in a curve having a radius of 694.69 feet, the radius point of said curve being South 46 degrees 57 minutes East, 694.69 feet from said actual point of beginning; thence running Northeasterly along the centerline of said industry spur track and along the arc of said curve to the right a distance of 89.72 feet to the end of said curve; thence running North 50 degrees 27 minutes East tangent to said curve and along the centerline of said industry spur track 1270.56 feet to the beginning of a curve to the left having a radius of 599.39 feet; thence running Northeasterly along the arc of said curve to the left and along the centerline of said industry spur track, a distance of 307.21 feet to the end of said curve; thence running North 21 degrees 05 minutes East tangent to said curve and along the centerline of said industry spur track, 151.69 feet to the beginning of a curve to the right having a radius of 532.18 feet; thence running Northeasterly' along the are of said curve to the right and along the centerline of said industry spur track 142.42 feet to its intersection with the Southeasterly right of way line of the Minneapolis & St. Louis Railroad, said point being 48.93 feet Southwesterly from the North line of said Section 3 s measured along said Southeasterly right of way line; thence running Northeasterly along said Southeasterly right of way line 48.93 feet to a point in the North line of said Section 3; thence running Ea ;t along said North line 146.4 feet, more or less to the Northwest corner of the parcel of land conveyed t St. John's Evangelical Lutheran Church as recorded in Book 46 Deeds, Page 19, filed August 23, 1950; thence running South at right angles 593.85 feet; thence deflecting 53 degrees 47 minutes to the fig it and running Southwesterly parallel with the Northerly right of way line of the Chaska and Shakopee oad, 150 feet; thence deflecting 53 degrees 47 minutes to the left and running Southerly 175 feet t a point in the Northerly right of way line of the Chaska and Shakopee Road; thence running South esterly along said Northerly right of way line 1676.9 feet, more or less, to a point in a line drawn parallel with the West line of said Section 3 from the actual point of beginning; thence running North along said parallel line 367.62 feet, more or less, to the actual point of beginning. For the purpose of this description the West line of Section 3, Township 115, Range 23 is considered to be a due North and South line. Except that part lying West of the following described Line A: Commencing at a point on the West line of said Northwest Quarter distant 1655.37 feet Southerly from the Northwest corner thereof, said West line has an assumed bearing of South 0 degrees 33 minutes 32 seconds West, said point being on the Northerly line of the Chicago and North Western Railroad Company right of way; thence North 51 degrees 08 minutes 10 seconds East along said right of way line 1218.17 feet to the actual point of beginning of Line A to be described; thence South 23 degrees 43 minutes 37 seconds East 8.72 feet; thence Southerly 228.75 feet along a tangential curve concave to the 0 West having a radius of 510.00 feet and a central angle of 25 degrees 41 minutes 55 seconds; thence North 88 degrees 01 minutes 42 seconds West and not tangent to said curve 5.00 feet; thence Southerly 96.91 feet along a non - tangential curve concave to the West having a radius of 505.00 feet and a central angle of 10 degrees 59 minutes 41 seconds and a chord bearing of South 07 degrees 28 minutes 09 seconds West; thence South 12 degrees 57 minutes 59 seconds West, tangent to last described curve, 143.07 feet; thence Southerly 330.26 feet along a tangential curve concave to the East having a radius of 420.00 and a central angle of 45 degrees 03 minutes 13 seconds, and there terminating. AND Excepting therefrom the following described tract: That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 115 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the northwest corner of the Northwest Quarter of said Section 3; thence on an assumed bearing of South 88 degrees 52 minutes 27 seconds East along the north line of said Northwest Quarter a distance of 2286.69 feet; thence South 01 degree 21 minutes 25 seconds West a distance of 195.90 feet to the point of beginning of the land to be described; thence South 52 degrees 44 minutes 44 seconds West a distance of 412.15 feet; thence South 34 degrees 48 minutes 12 seconds East to the intersection with the westerly line of the parcel conveyed to Northern States Power Company by the document recorded in Book 61 of Deeds, page 58, in the office of the Carver County Recorder; thence northerly along said westerly line to the northwesterly line of said conveyed parcel; thence northeasterly along said northwesterly line to the intersection with the westerly line of the parcel conveyed to St. John's Evangelical Lutheran Church by the document recorded in Book 46 of Deeds, page 19, in the office of the Carver County Recorder; thence northerly along said west line to the intersection with a line bearing North 52 degrees 44 minutes 4 seconds East from the point of beginning; thence South 52 degrees 44 minutes 44 seconds West to the point of beginning (Abstract Property) Parcel 2: That part of the Northwest Q arter of Section 3, Township 1115 North, Range 23 West, Carver County, Minnesota, described as follows: Beginning at a point in the West line of said Section 3 distant 1795.7 feet South of the Northwest corner thereof, said point being in the Southeasterly right -of -way line of the Chicago and Northwestern Railroad Company; thence running Northeasterly along said right -of -way line 997.8 feet to a point (which point is the Northwest corner of the tract previously conveyed to American Sugar Company as described in Book 44 of Deeds at Page 8 thereof), which point is the true point of beginning of the tract conveyed; thence running South parallel with the West line of said Section 3, 272.18 feet to a point (which point is the Northwest corner of the tract previously conveyed to M. A. Gedney Company as described in Book 61 of Deeds at Page 251 thereof) in a curve having a radius of 694.69 feet, the radius point of said curve being South 46 degrees 57 minutes East 694.69 feet from said point; thence running Northeasterly along the Nor westerly line of the tract previously conveyed to M. A. Gedney Company as described in Book 61 of Deeds at Page 251 thereof and along the arc of said curve to the right a 5 distance of 89.72 feet to the end of said curve; thence running North 50 degrees 27 minutes East tangent to said curve 1270.56 feet to the beginning of a curve to the left having a radius of 599.39 feet; thence running Northeasterly along the arc of said curve to the left a distance of 307.21 feet to the end of said curve; thence running North 21 degrees 05 minutes East tangent to said curve 151.69 feet to the beginning of a curve to the right having a radius of 532.18 feet; thence running Northeasterly along the arc of said curve to the right 142.42 feet to its intersection with the Southeasterly right -of -way line of Chicago and Northwestern Railway Company railroad, said point being 48.93 feet Southwesterly from the North line of said Section 3 as measured along said Southeasterly right -of -way line; thence running Southwesterly along said Southeasterly right -of -way line of Chicago and Northwestern Railway Company railroad to the point of beginning. Except that part lying West of the following described Line A: Commencing at a point on the West line of said Northwest Quarter distant 1655.37 feet Southerly from the Northwest corner thereof, said West line has an assumed bearing of South 0 degrees 33 minutes 32 seconds West, said point being on the Northerly line of the Chicago and North Western Railroad Company right of way; thence North 51 degrees 08 minutes 10 seconds East along said right of way line 1218.17 feet to the actual point of beginning of Line A to be described; thence South 23 degrees 43 minutes 37 seconds East 8.72 feet; thence Southerly 228.75 feet along a tangential curve concave to the West having a radius of 510.00 feet and a central angle of 25 degrees 41 minutes 55 seconds; thence North 88 degrees 01 minutes 42 seconds West and not tangent to said curve 5.00 feet; thence Southerly 96.91 feet along a non - tangential curve concave to the West having a radius of 505.00 feet and a central angle of 10 degrees 59 minutes 41 seconds and a chord bearing of South 07 degrees 28 minutes 09 seconds West; thence South l2 degrees 57 minutes 59 seconds West, tangent to last described curve, 143.07 feet; thence Southerl 330.2 feet along a tangential curve concave to the East having a radius of 420.00 feet and a central angle of 45 degrees 03 minutes 13 seconds, and there terminating. (Abstract Property) 2 Planning Case No. 1 2 0 t Q " i CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227 -1100 PMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: Iliwr p .boO:z t r °I lllp - avE _ w, _w Ew I-toPE_ r , H H_2'? Contact: Ni L_ ,jQNL_1 Phon - *4o_ kzM Fax: 1fa3- 55A�_In Email: Okilhl2cl r&4r�,jj.ne CITY OF CHANHASSEN RECEIVED AUG 2 0 2010 CHANHASSEN PLAWNG DEPT Property Owner Name and Address: 1�M Pew c wt)e \// rr►1FE��z LI.. I a2 ...Jo►���_I31.�r� �. � 2c� Contact: .bey. U4-bFr 11 Way Phone: ? -9on°l Fax: gr1L - 546.9ota Email: NOTE Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit {CUP) Interim Use Permit (lUP) Non - conforming Use Permit Planned Unit Development* Rezoning I Sign Permits Sign Plan Review ; — Site Plan Review Subdivision* Temporary Sales Permit Vacation of Right- of-Way /Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment _ Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees /Attorney Cost ** - $50 CUP /SPRNACNARMAP /Metes & Bounds - $450 Minor SUB TOTAL FEE $ 0 f),t_ C 1 , An additional fee of $3.00 per a dress within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full -size folded c pies of the plans must be submitted, including an 8 %" X I V reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format. *"Escrow will be required for other applications through the 'development contract. Building material samples m st be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: 17LJ F I, i � 4 1217 1 — C 1171.1 LOCATION: 2100 sTp U ca N fk-' 0 IVY 616 Ihv�k,z. � 5- LEGAL DESCRIPTION AND PID: ' A' - f& - 14 F�t7 �I L2 iMOv�,©"7oa TOTAL ACREAGE: 2e4 , I A(; WETLANDS PRESENT: YES NO PRESENT ZONING: r��FILk- REQUESTED ZONING: -- PRESENT LAND USE DESIGNATION: T REQUESTED LAND USE DESIGNATION: W21 Ll ._ FOR SITE PLAN REVIEW: Include number of existing employees: 1 012 &j1-(z and new employees: D 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 st all 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 1 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 er#ificate 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 s udy. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of of t=ee Owner g:lplan'don= development review application.doc 1!j 2C! I t Date �r III /Zv / Date SCANNED GEDNEY PLANT STOUGHTON AVENUE CHANHASSEN, MN SITE AND PROJECT TABULATIONS a. Size of parcel 1,053,533 square feet, 24.186 Acres b. Gross floor area, 178,349 sq. ft. main level, includes 2010 const. 440 sq. ft. - service buildings (3) (12,121 sq. ft. covered loading dock) (4,195 sq. ft. second level off.) Total buildings covering site (enclosed space) 178,789 sq. ft. c. Percent and area of site covered by building. d. Percent and area of site covered by impervious surface. e. Percent and area of site covered by parking area. f. Projected number of employees. g. Number of seats if intended use is a restaurant or place of assembly. h. Number of parking spaces required. i. Number of parking spaces provided including handicar j. Height of all buildings and number of stories. k. Breakdown of buildng area: office, manufacturing, warehouse (no retail or showroom area) 178,789 sq. ft. of enclosed bldg., includes 2010 const. 16.97% building coverage pavement 192,741 sq .ft. other impervious, ie gravel 140,400 sq .ft. Total impervious 333,141 sq ft (no enclosed space) 31.43% surface impervious, pvmt & gravel parking /truck circulation, paved area 192,741 sq .ft. 18.29% 105 employees average. As high as 135 employees 15 -25% of employees walk from the residences to the south of the property. Zoning ordinance parking requirement; office 5/1000 sq ft. - 5 X 8122/1000 = 41 manufacturing; employees max shift = 105 warehouse 10 for first 1 10,000 sf = 10 1/2000 sf for remainder 113,545/2000 = 57 total required parking spaces = 208 handicap parking spaces of 208 spaces 7 Total parking shown = 211 Buildings are 1 story at' 18' and 25' to the rooftop. 4061 sq ft of the building has two stories of office space. Building areas: office 8,122 sq. ft. 2 floors manufacturing 50,743: some related mfg off. warehouse 123,545 includes 2010 const. Employees normally on site off. 25 mfg. 70 whse. 4 TOTAL 104 ALTA/ACSM LAND TITLE SURVEY �: 100 0 LOD Inc 100 !6r%-Owp- . NX r4RNfR OF JA-n C(t.VVJWJO- {O S T. HN'j t*A*bAL'LlCAJ, ti -Ire Lk-THAMAN AM'4 �n: AS TWORDID- IN 0 • 41 IMT',Pq ftll W. A5 .L:ACIM S MMY DEED - .W 1/16 UNE, UND EASM);T PON ff� mr. ': i N L/4 CORNEA, SZV-. I 41 DE 'r A ATL A sc,%La 1 = 2 Fl g eo- W!" it 4 4 �fjjj % S < QSy ... ....... . ...... ........ A' ------------ > - 014. — A k - ------ 40 V 'PT oq6� en K ft, . ........ .. n� 0 5. °gip ; `` .� , , v�' X ?� 1'+•'�. - 5 °aY ..,, i«f` -� ; ` . ......... .. L .......... M. -- ------ - C, - .H, CO 1=212 p V E" , tv 1 . 4 - C � V I I'LL 11VT !o mom () .7" F ' ' )� ;� �, , , j gg . .. ........... Fora ICIVA rl POTNT 7- )F RK e 7 erl'. I VJ �Y Ig p now, 904.48' _ 9M9Y2r it I v i I s ¢;a 4 41 I . Ao 3 \ mN 3 ro \ w X 51 2� 5 a O 4 0 � S V pF� orw �roa � ,I cr z its S . a , `, s :• '��c�? �, SITE PLAN e Narsl.o,• W ' �G 1 if = 50' -0" r '� , / ioo o so ioo iso zoo zs0 300 v /I I 2 I q� 1pq r O• WALL PAC W/ CUT 0 SPA ABOVE GRADE. i� 30 rl,l l. WALL PAC W/ CUT 0 SPA ABOVE GRADE. 30 SIDE OF BUILDING / - - - - - - +ate 1,10, -S COW RVC W OEdC � N 24' 900P + + f 50,182.5 sq ft iTORAGE (ARD OPEN OOCC W/ CA~WY n 4x 201.85' N •.I. I .I. L 1.1. l l'. tx. ............. g........ ` ,osP�ES. -8 l r'1. .l. 27 iiAdES 08 8 -0' .............. �al -I l l I, 1 l l .l.l -1'� 143 305MCE54/8' -8 "•266' -0' 110 :' I ri rll rl i:f °l:fll rl 11't`r par" . I rTPr9��I - I' .. 35 .9'i• - 5 A5 # 8'•6•. t02'-0• SP '. 163` -4' 75fi -- \ N E10511 \ 6LIlDN6 b PK ION 10 \ m zz^NOOP \ \� \ \ \ / \ 42,244 sq ft \ \ P ARKING PROPOSED W Ll(iHi?IG 42102.7 sq k 2nd "my off 0 > 4061 A sq ft 50,783.7sq.ft N 107.7" �'.:.��.•� }� ... ...... " �;QQ '? - _ - - 121.90' \ \ r�14 -0' y � t3.4s11 qe SEE CIVIL ENGf 0, /fat at N fry m 1 1 / 1 ♦ 3 O� y k R - 11425.71 L • 611 S4 • • ` r - S T vl f TEN q N SITE PLAN ~-"' 100 0 s 100 is0 20 0 2so 300 PARKING \ \ 143 PARKNG SPACES ARE SHOWN PROVIDED AT THE EXISTING PARKING AREA. THE DRAWING SHOWS THE PARKING ROUGHLY AS IS PRESENTLY USED. ADDITIONAL SPACES ARE SHOWN NEAR THE NEW ADDITION (38) AND TO THE WEST (30) ON EXISTING PAVED AREAS AS PROOF OF PARKING IF NEEDED. A 2007 AERIAL PHOTO BY MAPQUEST APPEARING TO BE TAKEN IN THE SUMMER AT ABOUT 9:OOAM SHOWS 72 CARS IN THE PARKING AREA. ilium D. JUNK crcriNct 8111 30 move left ■dnallells, ■lmossi ft 55427. 763 545 -1012 LIGHTING WALL PAC W/ CUT OFF SHIELD AT 20' ABOVE GRADE. 2 THUS AT SOUTH SIDE OF BUILDING M.A. GEDNEY EXPANSION PROPOSED PLAN FOR PARKING AND LIGHTING O . •. _ OVRIFNN NETAlEUSNnG _ OVERn¢W 50.AVFA 4 %IG NIAAARFO YFIK �__ I,Er,L CVEANE DOOR W K¢FUt FUMIE G iY9 VIDXIGSTUN +--�- W _ 1 � ,. `. � •.. ' OR�AFRAON0.n3Vl� Ex OOH OOIX DOCx - WE yU_N II_N4_ _ __ S IN OT WSIIIW PEATf xi V�� 1 L 1 I Izzl3m vE x, 1 Iz%'.oRrvE �Rlaoon 55 11 1 � I I I I I I S1nl3fklR. Ii 11 ___- _ — mss - O[6f f6N&kYUCOCKlJTFR:Y FUM PLAN �""_ NRFUIURE [iIX1EY - � "L FWFLSRAOE 1 B' a V-O" ewsnNG .GIR BU"" AMMON SOUTH ELEVATION 1 /8' =1'-O' © O © O 38 -9" � TVR%wL TOPOECMJIP' -p ravocaulzs -a. ,2 d ill awsr eEAnnG au _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ — _ MAR NG - I cru Ng1TX650UR1 WALI 0.EV IZM4 -•. W G W �• _. -- piAPlOUttE _--- _-------- _-- 1£LAL W NG W W NORiM690U1XWM 6EY 11f-0' � ------------------------------------------ I 0 . wxz�- asm9Re 1 - - - HYINSLEAIFOSFRWOE NORTH ELEVATION i STING �� ADDfilON BUILDING NOIIAeL SRAItT s'msrAln` 1 ` Ntt INALAtfOSFRVif£ noon EEEVIar -o- 1 NGR MO FRUrE �` g n00RELEV Iao -o- W i' N R L J I EAST ELEVATION 1/8 e. 1 -(I' MATMFNISiIHO ROSF ANO 1Q 20 © ® nA NRK FL ve ab� Co- - S,7FFRA DOOR AIBE ERMIE _ __ M(FR - ROOT — WEAM OI1ttEi� __._ ________ _____ -•. - ---------- - .Miflt ' �giAlNd �__ ROOF - -__ �• _. -- piAPlOUttE _--- _-------- _-- ---- INIFRIQR ROOT tlUIVWiEEr� _ -__ ......... � ------------------------------------------ I 0 . wxz�- asm9Re 1 - - - I I I - I _ NORTH ELEVATION fJO511NG ADDfilON BUILDING i' N R L J I EAST ELEVATION 1/8 e. 1 -(I' MATMFNISiIHO ROSF ANO 1Q 20 © ® nA NRK FL ve ab� Co- - O 1 1 0 ' ®. O 5 s 32 �g fli 3 d $ x� A9H CZ 3� 5 r • ` Gr ~• � STEEL STAIfl W '- •, Y � 9TIEI. STAIR - 3 A 1 k`: 3 -oX> -a RLC4 Htt4R �WNM FRAnE _ - 238_'. }4 %, -J InSVLHtt }63' -4° %23850' wHn iN.U4' - •. �: 3f 972.54 $Q F7 IYUL WT5RE9AR YERtICAt .. _ 3Y OCAtm I.N AT TVFE RE1NG T EVIItY rlm caasE • • ___`�. _ ___•___________ • ' _ ______ ____ ___ _________ _____ ______ __ ______ - - __-- .___..----- _ -.__• .__-- _ - -__.. 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I �� '� 1�]6Y �•I.LLmu � � 1 �g fli 3 d $ x� A9H CZ 3� 5 r i/ 0Ppm, PP 00 / PP O pp i GRAPHIC xas AOWAM Powemlne Eaatxrtent ANY �ullim S q 0 —ft Ael N.M. .o.su o.un Aoanws Au wart it ' wr atir eweowu s w 0" AM nps — °"0°N A ° j T' w . aw T Nl v M nYwr a.«+ «o.waN. as IAaI 1 ... ay Matto &rw*q Engk w*% km l LOCAS NO R K OW WISM aaln.a a.� & aw W t10N1OWM Omm UUMS w w N..+.om n '. s.ay., aN 599 Howthom Rood =1 rm MR AM rt AMLL N A[ a ua +• �� 1� 4 Lino Lokes, MN 550ta Nue » X • — Kf4tMMlIY O 11R Oa111111Q1011 b � W MAIM K Sim TNY t Ma+b. t(/12) 703 -0300 OI " GOY:7 - Ilr oRAM1l0 d O(FD WlG t•s5.� 1 1 )2.7 sq ft story off Qm ;1.0 sq ft '83.7 sq ft 1988 \ PROPOSED BUILDING ADDITION STEEL ME SPRINKLE 2010 , ,?I ROOF 39,200 SS ft PROPOSED ADDITION 3 9, 42,244 sq ft PROPOSED WALL PAC PARKING LIGHTING 24' ABOVE PVMT -1 107t-7 -root 121.90' 1 41 ' -0' ............... ............... ................. .............. T . *".,.,.,-,-,-,-,.,.,.,-,.,- ,!.,� x 1 2 /0 fit 0 l ei 0, 2- ........... .......... 1 -RB Ma S-DwAff a a L Y 3-Rdbcr S r n 3-BSp 3-Rdbd 3-WEun (0% oqa 1 -RBMap K A�3- - Rdbd o orS-DWAM mmm AVENUE NcE:.:.:.:: \ �'� PARTIAL SITE PLAN IN an 0 1 If so 1-0 If so 0 5 100 1 200 250 300 M.A. GEDNEY EXPANSION mwr a AMOK ardilled PROPOSED PLAN FOR SEPT 9, 10 1111 MI W UM ■IIIIIIIINWIS, 11111111MVIft 55421, 748 545 SITE PLANTINGS 1 OF 2 i r: NOTIE: Buf I requirement C.6 -Off /Ind to 116ad includes two existing drive entrances of 50' and 20'. This; length also includes a length of about 18 feet that is inside the Excel transmission tower clear zone (no change of grade within- 25' -of- the tower) - - The remainig lengthof property to lant within is reduced to 130 lineal feet. Buffer requirement B.6 -Off /Ind to Off /Ind is adhajacent to an Excel power station. I have used the distance of 250 feet back to the building line for the tabulation of plantings. This will screen the building face and driving area from traffic on Stoughton Avenue as effectively as can be done. The portion of the property to the north is yet to be developed and I do not think should be included in the planting requirement at this time. PLANTINGS SYMBOL k BREV COMMON NAME SIZE QUANTITY c nopy tree deciduous RBMap RED BLAZE MAPLE 2 1/2" 2 TRUNK d c onifer BSP BLUE SPRUCE 6 FEET 3 under-stor-y deciduous Rdbd REDB D 2 FEET 9 - - -- - - shrubbe WEun WINGED EUONYMUS 2 FEET 8 DwAM DWARF AMUR MAPLE 2 FEET 11 other BLEND PEAT MOSS INTO SOILS AT PLANTING AREA. 2" DEEP WOOD MULCH OVER PLANT ROOT BALL. City of Chanhassen - TABLE OF--BUFFER YARD-REQUIREMENT"S Off/ Ind to Off /Ind. (Sideyard) BUFFERYARD; B.4 (30' depth, 250 LINEAR FEET) SHRUB UNDERSTORY TREE REQUIRED 2/100' - 5 2/100' - 5 TOTAL PLANTINGS 12.5 SHOWN 8 6 TOTAL PLANTINGS 18 Off /Ind to Road BUFFERYARD; C'6 REQUIRED TOTAL PLANTINGS SHOWN TOTAL PLANTINGS CANOPY TREE CONIFER 1/100' -2.5 1 3 (Frontyard w/T.ransmission tower and drive entrance. (30' depth, 130 LINEAR FEET) SHRUB UNDERSTORY TREE CANOPY TREE CONIFER 5 /100' - 7 5/100 - 7 2/100' - 2.6 16.6 11 3 1 - 15 M.A. GEDNEY D(PANSION NIW' a HIMIR a PROPOSED PLAN FOR SEPT 9, 10 INS 3M MUM ntlS, 55421, AS 545-10 - SITE PLANTINGS 2 OF 2 City of Chaska Memorandum To: Bob Generous - Chanhassen From: Bill Monk — City Engineer Date: September 7, 2010 Subject: Gedney Warehouse Expansion Chaska does service the Gedney administrative offices with sanitary sewer. I am not aware that service has been extended into the existing warehouse and according to the plans, service is not intended to be provided to the proposed addition. A Met Council SAC determination will still be required and Chaska reimbursed at a rate of $1,157 per SAC unit for providing trunk service to the building expansion. I must admit, I am not aware of the parking situation at Gedney's but on -site parking of trucks and vehicles must be required and on- street parking prohibited. As noted in an email I received from Terry Jeffrey, the stormwater management plan needs work, however, treatment requirements can be achieved on -site. Please let me know if! you have any questions. WM:ms ONE CITY HALL PLAZAICHASKA, MN 55318- 1962/PH- (952) 448 -2851/ FX: (952) 448 -9300 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on September 9, 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 the Gedney Warehouse Expansion — Planning Case 2010 -11 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.', J. Eniell -ardt, DoUty Clerk Subscribed and sworn to before me this L5+" day of ry her , 2010. Notary P KIM T. MEUWISSEN •� �e Notary Public- Minnesota •,;i My Commission Expires Jan 31, 2016 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 21, 2010 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Site Plan Review for a 39,000 square -foot Proposal: warehouse expansion on property zoned Industrial Office Park IOP — M.A. Gedne Applicant: Phillip D. Johnson, Architect Property 2100 Stoughton Avenue Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about t his proj ect. During the meeting, the C hair will lead the What Happens public hearing througl the o owing steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /sery /plan /10- 11.html If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bgenerous @ci.chanhassen.mn.us or by Comments: phone at 952 - 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the de partment in advanced - the meeting. - Staff — will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday p rior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 21, 2010 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Site Plan Review for a 39,000 square -foot Proposal: warehouse expansion on property zoned Industrial Office Park IOP — M.A. Gedne Applicant: Phillip D. Johnson, Architect Property 2100 Stoughton Avenue Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /sery /plan /10- 11.html If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bgenerous@ ci.chanhassen.mn.us or by Comments: phone at 952 - 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday p rior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. ALL STEEL PRODUCTS CO ALLEN L BRAKEMEIER BRECONWOOD VILLAGE LLC PO BOX 73 450 LAKE VIRGINIA TRL 6500 CITY WEST PKWY #315 CHASKA MN 55318 -0073 EXCELSIOR MN 55331 -9772 EDEN PRAIRIE MN 55344 -7732 CHASKA CITY CHASKA ECONOMIC DEV AUTH CHASKA GATEWAY LLC 1 CITY HALL PLAZA 1 CITY HALL PLZ 401 ROBERT ST N #225 CHASKA MN 55318 -1962 CHASKA MN 55318 -1962 ST PAUL MN 55101 -2008 CONNIE K PHILLIPS COSSETTE FAMILY LP NO 1 DEAN R & ELEANOR J WEST 1180 STOUGHTON AVE 2170 MIDLAND VIEW CT 1160 STOUGHTON AVE CHASKA MN 55318 -2150 ROSEVILLE MN 55113 -5304 CHASKA MN 55318 -2150 DOCTORS PARK PARTNERSHIP FAYETTE FUNDING LTD PTRSHP FERRELLGAS LP 8500 TIGUA LN PO BOX 14000 ONE LIBERTY PLAZA CHANHASSEN MN 55317 -9615 LEXINGTON KY 40512 -4000 LIBERTY MO 64068 -2970 GARY W DUNGEY HARRI J RINTA KENNETH J SCHULTZ 1910 STOUGHTON AVE 18025 KELLY LAKE RD 1026 SUNNY RIDGE DR CHASKA MN 55318 -2218 CARVER MN 55315 -9667 CARVER MN 55315 -9355 I LEE J LAMPHEAR MINNESOTA VALLEY ELECICO -OP MRS PROPERTIES LLC 1260 STOUGHTON AVE 125 MINNESOTA VALLEY DR 1312 CREST DR CHASKA MN 55318 -2153 JORDAN MN 55352 -9369 CHASKA MN 55318 -1710 RE TIRE II LLC REGAL CAR WASH XXXII ASSOC LLC RENEE JEAN OAKLEY 8500 COUNTY ROAD 42 8698 E SAN ALBERTO DR 1170 STOUGHTON AVE SAVAGE MN 55378 -2249 SCOTTSDALE AZ 85258 -4306 CHASKA MN 55318 -2150 RONALD R OLSON SPEEDWAY SUPERAMERICA LLC ST JOHNS EVANG LUTH CHURCH 6970 INWOOD RD 539 MAIN ST S 300 4TH ST E COLOGNE MN 55322 -9167 FINDLAY OH 45840 -3229 CHASKA MN 55318 -1830 STAR GROUP LLC STONE ARCH I - CHASKA L C THOMAS A & STACY L DERNER 200 HIGHWAY 4 S 275 MARKET ST #439 4460 QUAAS AVE SLEEPY EYE MN 56085 -1324 MINNEAPOLIS MN 55405 -158 WATERTOWN MN 55388 -9347 TOM A & S C L DERNER PHILLIP D. JOHNSON ARCHITECT JOEL BUTTENHOFF - THOMPSON 4460 QUAAS VE 9116 34TH AVE AVE VENTURES LLC WATERTO N 55388 -9347 NEW HOPE MN 55427 JONATHAN BLVD N #200 CH CHASKA MN 55318 CITY OF CHANHASSEN SITE PLAN PERMIT #2010 -11 SPECIAL PROVISIONS AGREEMENT dated 'October 11, 2010, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and Thompson Avenue Ventures, LLC, (the "Developer "). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 39,000 square -foot, one -story warehouse expansion, (referred to in this Permit as the "project "). The land is legally described on the attached Exhibit A. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnishes the security required by it. 3. Development Pla I ps. 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 Philip D. Johnson, dated August 19, 2010. Plan B: Grading, Drainage and Erosion Control Plan prepared by Mattke Surveying & Engineering, Inc., dated August 15, 2010. Plan C: Landscaping Plan prepared by Philip D. Johnson, dated September 9, 2010. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 2011. 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 he extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a let er of credit from a bank, cash escrow, or equivalent ( "security ") for $5,000.00 (boulevard r( storation, 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 and improvements. 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: Joel Buttenhoff Thompson Avenue Ventures, LLC 102 Jonathan Boulevard North, #200 Chaska, MN 55318 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 a 39,000 square -foot, one -story warehouse expansion subject to the following conditions: a. Fire Marshal: 1. The applicant shall provide information of the product commodity per 2007 Minnesota Fire Code Section 2303 and the proposed storage height in order to determine if fire apparatus access is required to parts of the building. If apparatus access is required but not practical due to topography, power lines, railways or similar conditions, the fire code will acce t additional fire protection in lieu of apparatus access. Contact Chanhassen Fie Marshal for additional information. b. City of Chaska: 1. A Metropolitan Council SAC determination will still be required and Chaska shall be reimbursed at a rate of $1,157 per SAC unit for providing trunk service to the building expansion. 2 c. Building Official: The entire facility must have an automatic fire extinguishing system for consideration as an "unlimited" size building (Ref. 2006 IBC Sec. 507); if any portion of the facility is not sprinkled, fire -wall separations may be required. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Compliance with Minnesota Accessibility Code (MSBC 1341) is required. 4. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 5. A demolition permit is required for building removals that take place before the building permit for the addition is issued. d. Environmental Resource Specialist 1. The applicant shall increase the number of overstory trees by four. The applicant shall submit a revised landscape plan for Cityl, review and approval prior to issuance of a building permit. 2. The blue spruce and Redbud species shall be replaced from the City's approved list of landscape material. 3. All ornamental trees must be at least one inch in diameter. e. Planner: 1. Mechanical equipment shall be screened if any is installed. No wooden fences shall be used on th roof for screening. 2. The developer shall show that 213 parking stalls can be accommodated on site. 3. The developer, should investigate the use of clerestory windows around the building expansion. 4. The expansion should investigate the use of columns to help break up the building elevations at approximately 40 -foot intervals., 5. The addition encroaches into the electric transmission easement. Staff recommends that the applicant verify with the utility company that the proposed addition is acceptable. 3 6. There are wooden bollards around the existing electrical tower. Any bollards damaged or removed with construction must be replaced. 7. Prior to the development of the vacant property north of the existing building, the City will have to undertake a feasibility study to determine the cost effectiveness of the extension of utilities to the property. f. Water Resource Coordinator: 1. The developer must provide rate control for an area equal to the addition. 2. The developer must provide water quality treatment for the same area. 3. The developer must comply with any requirements for discharging to an Outstanding Resource Value water. This can be accomplished through infiltration and discharge through non - structural BMPs at a relatively low cost. 4. The developer will need to apply for and receive an NPDES Small Site Construction permit in the event that one acre or more of disturbance results on the entire site. 5. The developer' must provide a detailed grading and erosion control plan compliant with City Code. 6. A drainage easement shall be recorded over the area of the parcel to be used for surface water treatment. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. 0 CITY OF CHANHASSEN Thomas A. Furlong, Mayor Todd Gerhardt, City Manager 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 DEVELOPER: BY: Its STATE OF MINNESOTA ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2010 by , the Developer. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 5 LEGAL DESCRIPTION: Parcel 1: That part of the Northwest Quarter of Section 3, Township 115, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the West line of said Section 3 distant 1795.7 feet due South of the Northwest corner thereof, said point being in the Southeasterly right of way line of the Minneapolis & St. Louis Railroad; thence running Northeasterly along said right of way line 997.8 feet; thence running due South parallel with the West line of said Section 3, 272.18 feet to a point in the centerline of the industry spur track, said point being the actual point of beginning of the tract of land to be described, said point also being in a curve having a radius of 694.69 feet, the radius point of said curve being South 46 degrees 57 minutes East, 694.69 feet from said actual point of beginning; thence running Northeasterly along the centerline of said industry spur track and along the arc of said curve to the right a distance of 89.72 feet to the end of said curve; thence running North 50 degrees 27 minutes East tangent to said curve and along the centerline of said industry spur track 1270.56 feet to the beginning of a curve to the left having a radius of 599.39 feet; thence running Northeasterly along the arc of said curve to the left and along the centerline of said industry spur track, a distance of 307.21 feet to the end of said curve; thence running North 21 degrees 05 minutes East tangent to said curve and along the centerline of said industry spur track, 151.69 feet to the beginning of a curve to the right having a radius of 532.18 feet; thence running Northeasterly along the are of said curve to the right and along the centerline of said industry spur track 142.42 feet to its intersection with the Southeasterly right ofl way line of the Minneapolis &St. Louis Railroad, said point being 48.93 feet Southwesterly from the North line of said Section 3 as measured along said Southeasterly right of way line; thence running Northeasterly along said Southeasterly right of way line 48.93 feet to a point in the North line of said Section 3; thence running East along said North line 146.4 feet, more or less to the Northwest corner of the parcel of land conveyed to St. John's Evangelical Lutheran Church as recorded in Book 46 Deeds, Page 19, filed August 23, 1950; thence running South at right angles 593.85 feet; thence deflecting 53 degrees 47 minutes to the right and running Southwesterly parallel with the Northerly right of way line of the Chaska and Shakopee Road, 150 feet; thence deflecting 53 degrees 47 minutes to the left and running Southerly 175 feet to a point in the Northerly right of way line of the Chaska and Shakopee Road; thence running Southwesterly along said Northerly right of way line 1676.9 feet, more or less, to a point in a line drawn parallel with the West line of said Section 3 from the actual point of beginnings thence running North along said parallel line 367.62 feet, more or less, to the actual point of beginning. For the purpose of this description the West line of Section 3, Township 115, Range 23 is considered to be a due North and South line. Except that part lying West of the following described Line A: Commencing at a point on the West line of said Northwest Quarter distant 1655.37 feet Southerly from the Northwest corner thereof, said West line has an assumed bearing of South 0 degrees 33 minutes 32 seconds West, said point being on the Northerly line of the Chicago and 0 North Western Railroad Company right of way; thence North 51 degrees 08 minutes 10 seconds East along said right of way line 1218.17 feet to the actual point of beginning of Line A to be described; thence South 23 degrees 43 minutes 37 seconds East 8.72 feet; thence Southerly 228.75 feet along a tangential curve concave to the West having a radius of 510.00 feet and a central angle of 25 degrees 41 minutes 55 seconds; thence North 88 degrees 01 minutes 42 seconds West and not tangent to said curve 5.00 feet; thence Southerly 96.91 feet along a non - tangential curve concave to the West having a radius of 505.00 feet and a central angle of 10 degrees 59 minutes 41 seconds and a chord bearing of South 07 degrees 28 minutes 09 seconds West; thence South 12 degrees 57 minutes 59 seconds West, tangent to last described curve, 143.07 feet; thence Southerly 330.26 feet along a tangential curve concave to the East having a radius of 420.00 and a central angle of 45 degrees 03 minutes 13 seconds, and there terminating. Excepting therefrom the following described tract: That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 115 North, Range 23 West of the 5` Principal Meridian, described as follows: Commencing at the northwest corner of the Northwest Quarter of said Section 3; thence on an assumed bearing of South 88 degrees 52 minutes 27 seconds East along the north line of said Northwest Quarter a distance of 2286.69 feet; thence South 01 degree 21 minutes 25 seconds West a distance of 195.90 feet to the point of beginning of the land to be described; thence South 52 degrees 44 minutes 44 seconds West a distance of 412.15 feet; thence South 34 degrees 48 minutes 12 seconds East to the intersection with the westerly line of the parcel conveyed to Northern States Power Company by the document recorded in Book 61 of Deeds, page 58, in the office of the Carver County Recorder; thence northerly along said westerly line to the northwesterly line of said conveyed parcel; thence northeasterly along said northwesterly line to the intersection with the westerly line of the parcel conveyed to St. John's Evangelical Lutheran Church by the document recorded in Book 46 of Deeds, page 19, in the office of the Carver County Recorder; thence northerly along said west line to the intersection with a line bearing North 52 degrees 44 min tes 44 seconds East from the p o oint of beginning; thence South 52 degrees 44 minutes 44 seconds West to the point of beginning. (Abstract Property) Parcel 2: That part of the Northwest Quarter of Section 3, Township 115 North, Range 23 West, Carver County, Minnesota, described as follows: Beginning at a point in the West line of said Section 3 distant 1795.7 feet South of the Northwest corner thereof, said point being in the Southeasterly right -of -way line of the Chicago and Northwestern Railroad Company; thence running Northeasterly along said right -of -way line 997.8 feet to a point (whi point is the Northwest corner of the tract previously conveyed to American Sugar Company as described in Book 44 of Deeds at Page 8 thereof), which point is the true point of beginning of the tract conveyed; thence running South parallel with the West VA line of said Section 3, 272.18 feet to a point (which point is the Northwest corner of the tract previously conveyed to M. A. Gedney Company as described in Book 61 of Deeds at Page 251 thereof) in a curve having a radius of 694.69 feet, the radius point of said curve being South 46 degrees 57 minutes East 694.69 feet from said point; thence running Northeasterly along the Northwesterly line of the tract previously conveyed to M. A. Gedney Company as described in Book 61 of Deeds at Page 251 thereof and along the arc of said curve to the right a distance of 89.72 feet to the end of said curve; thence running North 50 degrees 27 minutes East tangent to said curve 1270.56 feet to the beginning of a curve to the left having a radius of 599.39 feet; thence running Northeasterly along the arc of said curve to the left a distance of 307.21 feet to the end of said curve; thence running North 21 degrees 05 minutes East tangent to said curve 151.69 feet to the beginning of a curve to the right having a radius of 532.18 feet; thence running Northeasterly along the arc of said curve to the right 142.42 feet to its intersection with the Southeasterly right -of -way line of Chicago and Northwestern Railway Company railroad, said point being 48.93 feet Southwesterly from the North line of said Section 3 as measured along said Southeasterly right -of -way line; thence running Southwesterly along said Southeasterly right -of -way line of Chicago and Northwestern Railway Company railroad to the point of beginning. Except that part lying West of the following described Line A: Commencing at a point on the West line of said Northwest Quarter distant 1655.37 feet Southerly from the Northwest corner thereof, said West line has an assumed bearing of South 0 degrees 33 minutes 32 seconds West, said point being on the Northerly line of the Chicago and North Western Railroad Company right of way; thence North 51 degrees 08 minutes 10 seconds East along said right of way line 1218.17 feet to the actual point of beginning of Line A to be described; thence South 23 degrees 43 minutes 37 seconds East 8.72 feet; thence Southerly 228.75 feet along a tangential curve concave to the West, having a radius of 510.00 feet and a central angle of 25 degrees 41 minutes 55 seconds; thence North 88 degrees 01 minutes 42 seconds West and not tangent to said curve 5.00 feet; thence Southerly 96.91 feet along a non - tangential curve concave to the West having a radius of 505.00 feet and a central angle of 10 degrees 59 minutes 41 seconds and a chord bearing of South 07 degrees 28 minutes 09 seconds West; thence South 12 degrees 57 minutes 59 seconds West, tangent to last described curve, 143.07 feet; thence Southerly 330.2 feet along a tangential curve concave to the East having a radius of 420.00 feet and 'a central angle of 45 degrees 03 minutes 13 seconds, and there terminating. (Abstract Property) CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" 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 t e 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 of 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, t e City will authorize removal of the erosion control measures. 5. Clean up. The Deve oper 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. 0 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including 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 at, 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 Trai�lers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties Third parties shall have no recourse against the City under this Permit. D. Breach of Contract Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability If aiy 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 needec 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, sigr}ed 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. 10 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. 11 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 , 2010 01.1vixe7aUT UUI►Y9S1T -1 Lo ( ss COUNTY OF ) i The foregoing instrument was acknowledged before me this day of , 2010, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 NOTARY PUBLIC 12 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 2010. STATE OF MINNESOTA ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 NOTARY PUBLIC gAplan\2010 planning cases \10 -11 gedney site plan\site plan permit.doc 13