9. Site plan review Chan professional bldg, phase 2 1 •
C I T Y 0 F PC DATE: Sept. 2, 1992 . ! •
CHAHAI CC DATE: Sept. 28, 1992
CASE #:88 -17 Site Plan
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STAFF REPORT
PROPOSAL: 1. Site Plan Review for Phase II, a 10,600 Square Feet of the
Chanhassen Professional Building
I I.. 2. Sign Plan Review
Z
• ▪ < LOCATION: Northwest Corner of Great Plains and West 78th Street
V Intersection, 480 West 78th Street
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Q, APPLICANT: Copeland - Mithun, Inc.
t Q 7625 Metro Boulevard, Suite 145
Edina, MN 55439
PRESENT ZONING: CBD, Central Business District
ACREAGE:
DENSITY: MINI 6y Clty AdmInlsttetoT
' X01.31 ✓ Du*
ADJACENT ZONING AND
LAND USE: N -
PUD; Heritage Apartments Re "' `' " .7 Z
S CBD; commercial Ott Su :AT.;r:: to Cc.mmission
E - CBD; commercial
W - CBD; commercial pate Submitted to Council
1 Q /o- /Z -9Z.
kt WATER AND SEWER: Available
1 0 PHYSICAL CHARACTER.: Property is level and developed.
W
• ▪ 1- 2000 LAND USE PLAN: Commercial
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Medical Arts Facility Phase II
September 2, 1992
Page 2
PROPOSAL /SUMMARY
This request is for the construction of phase II, a 10,600 square foot addition to the Chanhassen
Professional Building. The Phase II addition will be located on Lot 2, Block 1, Medical Arts
Addition. This parcel is currently owned by the Chanhassen Housing and Redevelopment
Authority. The applicant has negotiated with the HRA to purchase the property. As part of the
agreement, the city replatted the subject property and will be performing all public improvements
needed for the second phase. Phase II of the construction program was envisioned when the
Medical Arts Building was originally approved in 1989.
' The site plan lacks some of the detail we usually require, however, this plan is an exception as
the city will be constructing all of the site improvements except for the building itself. The
architecture of the building reflects the first phase. Building materials consist of cedar shingles,
cedar lap siding, asphalt shingles, and metal grille work which will compliment Phase I. Unlike
the Phase I building, Phase II is a single story structure. However, it is architecturally consistent
with the existing building in terms of roof line and construction details.
One feature of the site that is left up to the discretion of the city, is a canopy that will cover the
area between the two phases. The main entrance to the project could be a covered access which
' ties phase I and II together. This cover will just be a shell and not intended for occupancy. This
canopy will allow cars to pass under it to get to the parking lot located north of the building.
Allowing the canopy to be built will provide the connection between the two buildings which will
cost approximately $80,000- $90,000. Eliminating the canopy will allow some breaks in the
facade which is approximately two city blocks in length. After reviewing the plan, staff believes
that the covered entrance should be omitted. We believe that connecting the two structures
1 would create a monolithic structure along the north side of West 78th Street.
A right - in/out driveway access is proposed between the two buildings which is consistent with
the agreement with the HRA. The city has consulted Strgar- Roscoe - Fausch, the City's
transportation consulting engineers, to determine if a right turn lane will be needed into the site.
' It was determined that this right turn lane would only improve traffic flow entering the site from
West 78th Street. The applicant is requesting a median cut on West 78th Street. Staff contacted
the applicant and informed him that this request can not be accommodated due to traffic safety
concerns such as the close proximity to the intersection of West 78th Street and the driveway
access to the Riviera. Site access can be achieved via two access points on West 78th Street with
a third proposed with phase II, and one on Great Plains Boulevard.
1 A sign covenant accompanies this site plan. This plan is generally consistent with the Sign
Ordinance, however, staff is proposing some changes to the request which will be discussed in
1 detail later in the report.
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Medical Arts Facility Phase II
September 2, 1992
Page 3
Based upon the foregoing, staff is recommending that the Planning Commission approve the site
plan and sign plan requests for this proposal without variances and subject to appropriate
conditions. 1
BACKGROUND
On May 22, 1989, the City Council approved the preliminary plat and site plan application for
the Medical Arts Building (Attachment # 5). The site plan review was approved with two
buildings to be built in two phases. Phase I building was completed in the fall of 1990. As a
part of phase I, the applicant negotiated with the HRA and the two parties came to an agreement
that the city perform all public improvements on the site as well as replat the property. The city
has performed most of the work such as building a parking lot, sidewalks, installing lights,
landscaping, etc. The city is to complete the public improvements at the time phase II is
constructed.
SITE PLAN REVIEW
General Site Plan/Architecture 1
The building is proposed to be located 72 feet west of Phase I of the Professional Building, east
of the Riviera restaurant, and north of West 78th Street. Site access is proposed from both West
78th Street and Great Plains Boulevard. The parking is located to the north, east, and west of
the two phases. The architecture of phase II building reflects Phase I Cedar shingles, cedar lap
siding, asphalt shingles, and metal grille work. One difference between the two phases is phase
II is a one story building verses Phase I is a two story. This will help break the mass of the
buildings. A second difference is Phase II has six public access doors to the north and six on
the south elevation. Phase I has two main public access doors on the north and south elevations.
The applicant does not intend to have any rooftop HVAC equipment. All equipment will be
placed on the ground. This equipment must be screened with landscaping. 1
One feature that require some clarification is the roof line of Phase I building. The plans reflect
one massive roof line with no breaks. If the ridge lines extend from the top of the dormers to
the roof line, it will break the massiveness of the roof line.
One of the conditions of agreement between the HRA and the applicant was that in phase II, 1
there would be no public access door on the west face of the building nor on the north or south
faces of the building within 20 feet of the west end of the structure. The reason for this
condition was to insure that the public would be discouraged from using the Riviera Restaurant's 1
parking area. The applicant is showing two access doors to the north and south of the building
within 20 feet of the west end of the structure. Staff is recommending the applicant revise the
plans to eliminate the north access point. We believe that the south door could remain as
proposed, as there are not any parking stalls on that side of the building. Approval of allowing
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Medical Arts Facility Phase II
September 2, 1992
Page 4
a public access door on the south elevation within 20 feet of the west end will require amending
the Development Contract between the HRA and Chanhassen Medical Arts Limited Partnership.
' One feature of the site that is left up to the discretion of the city, is a canopy that will cover the
area between the two phases. The main entrance to the project could be a covered access which
1 ties phase I and II together. This cover will just be a shell and not intended for occupancy. This
canopy will allow cars to pass under it to get to the parking lot located north of the building.
Allowing the canopy to be built will provide the connection between the two buildings which will
1 cost approximately $80,000 - $90,000. Eliminating the canopy will allow some breaks in the
facade which is approximately two city blocks in length. After reviewing the plan, staff believes
that the covered entrance should be omitted. We believe that connecting the two structures
1 would create a monolithic structure along the north side of West 78th Street.
The architect's intent to combine the style of the two phases, along with other downtown
1 buildings such as the Heritage Park apartments, is a sound one.
Parking/Interior Circulation
The overall parking for the project was completed with Phase I which amounts to 299 stalls. An
' additional 18 stalls will be built with Phase II. The main entrance to the project is proposed
between Phase I and II. The second access is located in front of the Riviera parking lot, the third
access is located between Phase I and Colonial Shopping Center, and the forth access is gained
' of off Great Plains Boulevard into the Colonial Shopping Center, to the Professional Building
area.
' The Phase II building has six access doors to the north and six to the south. Facing the access
doors, on the north side, are side walks that are projecting into parking stalls. These sidewalks
will cause the loss of 3 parking spaces. Staff is recommending the design be revised to eliminate
the sidewalks.
In general, the interior circulation and entrances are reasonable in our view.
1 Access
There are three existing driveway access points (curb cuts) to the site. Two along West 78th
Street and one along Great Plains Boulevard. The applicant is proposing to relocate one of the
access points on West 78th Street, between the Phase I and II buildings. This concept was
approved by the city with Phase I. The city has consulted Strgar - Roscoe - Fausch, the City's
transportation consulting engineers, to determine if a right turn lane will be warranted into the
site. It was determined that a right turn lane would improve traffic flow along West 78th Street
1 entering the site from West 78th Street.
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Medical Arts Facility Phase II 1
September 2, 1992
Page 5
The applicant is requesting to cut the center median on West 78th Street to provide a full access
point on to West 78th Street. Staff contacted the applicant and informed him that his request can
not be accommodated due to traffic safety concerns such as the close distance between the
proposed median cut and the intersection of West 78th Street and the driveway access to the
Riviera Restaurant.
Landscaping/Lighting
All landscaping and lighting was placed by the city with Phase I. 1
Grading/Drainage/Utilities
To be performed by the city as part of a public improvement project.
Park and Trail Dedication 1
The Park and Recreation Commission acted to recommend that the city accept full park and trail
dedication fees as part of this development. Fees are paid at the time the building permits are
requested.
Signage 1
The applicant has submitted a signage plan. One monument identification sign is proposed at
the southwest edge of the site. The area of the monument sign is 28 square feet, not to exceed
4 feet in height. The ordinance permits up to 80 square feet. This is a building identification
sign (not tenant identification). The applicant is also showing a 2.2 foot wide band that wraps
around the building on all four sides including the projections over entries. Wall mounted signs
are proposed to be limited to this band. The letters are proposed to be a mixture of illuminated
and non - illuminated. We believe that limiting the signage within a 2.2 foot wide band is a sound
idea, however, the ordinance allows signage on each building elevation with a street frontage.
The south, east and west elevations do not face any streets. To be consistent with phase I, staff
is recommending signage be permitted on the north and south elevation only. Furthermore, no
illuminated sign should be permitted on the north elevation of the building as it will shine
directly into the Heritage Park Apartments facing south. All signage on the south elevation shall
be illuminated. We find the sign package to be reasonable and consistent with the ordinance.
Sign permits are required prior to sign installation.
PLANNING COMMISSION RECOMMENDATION 1
Staff recommends the Planning Commission adopt the following motion: 1
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' Medical Arts Facility Phase II
September 2, 1992
Page 6
1 "The Planning Commission recommends approval Site Plan Review #88 -17 as shown on the site
plan dated August 3, 1992, subject to the following conditions:
1 1. No restaurant may be located in the western one -half of the Phase II building.
' 2. Revise architectural plans as follows:
• Eliminate Sidewalks intruding into parking stalls.
1 • Eliminate the public access door on the north face of the building within the 20
feet of the west end of the structure.
' • Provide more detail on the roof line.
1 3. No unpainted aluminum shall be allowed on the exterior.
4. Type I erosion control fence shall be installed along West 78th Street.
5. The City must decide whether or not a canopy should be built between the two phases
of the Medical Arts Building.
' 6. Meet all conditions outlined in the Fire Marshal memo dated August 6, 1992.
1 7. Amend the Development Contract between the HRA and Chanhassen Medical Arts
Limited Partnership to allow a public access door on the south face of the building within
the 20 feet of the west end of the structure.
' 8. All HVAC ui ment placed on the ground must be screened with landscaping.
landsca in
� P P Si' P g
1 9. Sign Covenants shall meet the following criteria:
' a. Wall Mounted Signs:
1. Signs are only allowed within a continuous 2' 2" high band near the roof
' line on the north and south sides of the building, including the projections
over entries. Signs shall be attached directly to the building siding and not
project above or below the designated sign area.
1 2. All signs shall be comprised of individual letters and/or logos. Letters
shall not exceed 12" in height and logos shall not exceed 24" in height.
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Medical Arts Facility Phase II 1
September 2, 1992
Page 7
3. A tenant may have no more than one sig n. Copy is restricted to the
tenant's proper name or service offered.
4. Signs on the north elevation shall be non - illuminated. Signs on the south
g g
elevation shall be illuminated.
b. Free Standing Signs:
1. Monument Sign: One Single Sided monument sign for building 1
identification (not tenant identification) may be placed in the southwest
yard between the building and the sidewalk. The top of the sign may not
exceed 4 feet in height. The dimensions of the sign may not exceed 2 feet
high by 14 feet wide. The copy shall have a maximum height of one foot
and be internally illuminated.
c. General:
1. One non - illuminated temporary real estate sign which advertise sale of the 1
building or space for lease within the building. The area of the sign shall
not exceed 12 square feet nor exceed 5 feet in height nor be located less
than 10 feet from the property line. The sign shall be removed within
seven days following sale, lease, or rental of the property.
2. The applicant must obtain a sign permit prior to erecting any signage on
site.
3. Stop sign shall be installed at the exit point proposed on West 78th Street."
PLANNING COMMISSION UPDATE 1
On September 2, 1992, the Planning Commission reviewed this site plan. A number of issues
were discussed. These issues are as follows: 1
1. The commissioners agreed that the overall effect of the canopy that would connect the
two buildings is attractive. They believed it would break up the long expanse of the roof-
line. They recommended the City Council require its inclusion. HRA financing of this
addition would also be required.
2. Staff raised a question concerning the appearance of the roof -line and its scale. We
recommended that the top of the dormers extends into the roof to break -up the
massiveness of the roof -line. The applicant has indicated that this will be incorporated.
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I Medical Arts Facility Phase II
September 2, 1992
Page 8
1 3. Staff recommended that any sidewalks encroaching into parking stalls be eliminated. The
applicant has submitted revised plans consistent with staff's recommendation.
I 4. The commission made several comments about traffic patterns in the downtown including
the subject site. Some of those comments focused on the median cut, such as eliminating
I the center median throughout West 78th Street and turning it into a third lane to allow
for turning movement. A second comment was to allow the proposed median cut as this
access point will be the main one into the retail center. Lastly, the commission agreed
1 that the traffic movement along West 78th Street should be reviewed by staff. Staff has
consulted Strgar- Roscoe - Fausch, the City's transportation consulting engineers, to
determine if a right turn lane will be warranted into the site. It was determined that a
1 right turn lane would improve traffic flow along West 78th Street entering the site from
West 78th Street. However, previous traffic analysis done, recommends against any
additional median cuts on West 78th Street.
I 5. Si na a was the last issue discussed by the commission. To control the number of sins
g g Y signs,
I the Planning Commission recommended the number of signs be limited to the north and
south elevations and not exceed a total of 14 signs. Each tenant would be permitted one
sign per side.
i Staff had originally recommended signage facing north be non - illuminated as it faces the
Heritage Park Apartments and could disturb the residents. The applicant stated that the
l illumination from the parking lot lights is much stronger than the light from the signage.
We believe this is a valid argument but to stay consistent with Phase I, we recommend
that the lights of the signage on the north side of the building, facing the Heritage Park
I Apartments, be turned off when business hours are over.
Overall the Planning Commission was satisfied with the proposal and recommended approval of
1 the application.
STAFF RECOMMENDATION
1 Site Plan Review
1 Staff recommends that the City Council adopt the following motion:
"The City Council approves Site Plan Review #88 -17 as shown on the site plan dated September
I 18, 1992, subject to the following conditions:
1. No restaurant may be located in the western one -half of the Phase II building.
I 2. No unpainted aluminum shall be allowed on the exterior.
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Medical Arts Facility Phase II 1
September 2, 1992
Page 9
3. Type I erosion control fence shall be installed along West 78th Street.
4. The City must decide whether or not a canopy should be built between the two phases 1
of the Medical Arts Building.
5. Meet all conditions outlined in the Fire Marshal's memo dated August 6, 1992. 1
6. Amend the Development Contract between the HRA and Chanhassen Medical Arts
Limited Partnership to allow a public access door on the south face of the building within
the 20 feet of the west end of the structure.
7. All HVAC equipment placed on the ground must be screened with landscaping. 1
8. Coordinate site improvements with the Chanhassen Housing and Redevelopment
Authority.
Sign Covenants 1
9. Sign Covenants shall meet the following criteria:
a. Wall Mounted Signs:
1. Signs are only allowed within a continuous 2' 2" high band near the roof
1
line on the north and south sides of the building, including the projections
over entries. Signs shall be attached directly to the building siding and not
project above or below the designated sign area.
1
2. All signs shall be comprised of individual letters and/or logos. Letters
shall not exceed 12" in height and logos shall not exceed 24" in height. 1
3. A tenant may have no more than two signs with the building having a
maximum of 14 signs total on the north and south sides. Copy is
restricted to the tenant's proper name or service offered.
4. Signs on the north and south elevations shall be illuminated. The lights 1
of the signage on the north side of the building, facing the Heritage Park
Apartments, shall be turned off when business hours are over. 1
b. Free Standing Signs:
1. Monument Sign: One single sided monument sign for building
identification (not tenant identification) may be placed in the southwest
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1 Medical Arts Facility Phase II
September 2, 1992
Page 10
' yard between the building and the sidewalk. The top of the sign may not
exceed 4 feet in height. The dimensions of the sign may not exceed 2 feet
1 high by 14 feet wide. The copy shall have a maximum height of one foot
and be internally illuminated.
1 c. General:
I 1. One non - illuminated temporary real estate sign which advertise sale of the
building or space for lease within the building. This sign must meet the
City's current sign ordinance requirements.
1 2. The applicant must obtain a sign permit prior to erecting any signage on
site.
3. Stop sign shall be installed at the exit point proposed on West 78th Street."
I ATTACHMENTS
1. Revised Sign Covenants submitted by applicant dated September 16, 1992.
I 2. Planning Commission minutes dated September 2, 1992.
3. Sketch/Site Plan showing location of Phase II in relation to Phase I of the Professional
Building.
I 4. Sign Covenants submitted by applicant dated August 3, 1992.
5. Memo from Mark Littfin, Fire Marshal dated August 6, 1992.
6. Memo from Steve Kirchman, Building Official dated August 5, 1992.
I 7. Staff report dated April 19, 1989.
8. Contract for private development between the HRA and Chanhassen Medical Arts Limited
Partnership.
I 9. Memo from Minnegasco dated August 14, 1992.
10. Site Plan dated August 3, 1992.
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SIGN COVENANT 1
•
for
Retail /Office Center 1
480 West 78th Street
(also known as Phase II Building)
Chanhassen, Minnesota 1
September 16, 1992
Exterior signage shall be allowed as follows:
A. On the Building 1
1. Signs are only allowed within a continuous 2'2" high
area near the roof line on the north and south sides
• • of the building including the projections over
entries. Signs shall be attached directly to the
building siding and not project above or below the
designated sign area. 1
2. All sign shall be comprised of individual letters and/
or logos. Letters shall not exceed 12" in height and
logos shall not exceed 24" in height.
3. A tenant may have no more than two signs and
each side of the building may have no more than 7
signs. Copy is restricted to the tenant's
proper name or service offered.
4. Signs will be illuminated. Signs on the north side
will be turned off after business hours.
B. Free Standing Signs: 1
1. Monument Sign: A single sided monument sign for
building identification (not tenant identification)
may be placed in the south yard between the building
and the sidewalk. The top of the sign may not exceed
4' in height. The dimensions of the sign may not
exceed 2' high by 14' wide. The copy shall have a
maximum height of 12" and be internally illuminated.
Page 1 of 2 1
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II
II September 16, 1992
C. General
II
1. Temporary real estate signs which advertise sale of
the building or space for lease within the building
I are permitted in accordance with city codes. Wall
mounted temporary tenant identification signs located
where the !permanent tenant identification sign will
II be are permitted in accordance with city codes.
Permanent traffic signs are permitted in accordance
with city codes.
II 2. A permit from the city must be obtained for all
signs.
I 3. A stop sign shall be installed at the exit point
proposed on West 78th Street.
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Page 2 of 2
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Planning Commission Meeting
September 2, 1992 - Page 5
6. The existing garage on proposed Parcel A shall be demolished prior ill
recording this subdivision with Carver County.
A11 voted in favor and the motion carried.
PUBLIC HEARING:
SITE PLAN REVIEW OF A 10,600 SQUARE FOOT ADDITION ON PROPERTY ZONED CBD
CENTRAL BUSINESS DISTRICT AND LOCATED AT 480 WEST 78TH STREET. (PHASE I
OF THE CHANHASSEN PROFESSIONAL BUILDING.
Sharmin Al -Jaff presented the staff report. Chairman Batzli called the
public hearing to order. ,
Bob Copeland: My name is Bob Copeland and I am the applicant. And I'd
like to just address a few of the recommendations that the staff has
given the Planning Commission here and just kind of go down them one by
one if I may. I'm on pages 6 of the staff report. On item number 1,
regarding a restaurant, we've already agreed to that so we don't have any
problem with not having a restaurant in the western one -half of the II building. Item 2 is really three parts. The first one is eliminating
sidewalks projecting into the parking stalls. Our drawing isn't very
clear on that and what we really intend is to have two sidewalk
projections into the parking lot. And this is consistent with the
building that exists there now and it's consistent with the plans that
the City had prepared by BRW. We also have shown four areas which would
be striped on the pavement where cars could not park. And I think thes11
are the areas that are causing the problem and we will eliminate those.
And by doing so, we should be able to be have the number of stalls that
the staff is after. Sharmin, would you agree that by doing this, this II
will be satisfactory to the staff?
Al -Jaff: Correct.
Bob Copeland: Okay.
Al -Jaff: Then you would be in meeting with what was approved in '89.
Bob Copeland: Right. The next item is to eliminate the access door to
the building on the north face, and that's the parking lot size of the
structure. We had already agreed to that in our development agreement
with the city and so we will go along with that recommendation. The nex
item is provide more detail on the roof. I'm not sure if anymore detai
is required at this time. Is there anything? Related to that.
AI -Jaff: No, we discussed that earlier.
Bob Copeland: Right. '
Al -Jaff: Basically we wanted to find out whether the top of the dormers"
extend like so. Into the roof so it would break it down a little bit
rather than having one massive roof. And it does.
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Planning Commission Meeting
September 2, 1992 - Page 6
' Bob Copeland: Okay. The next item is that we'll have no unpainted
aluminum on the exterior, and that's fine. Item 4 is erosion control and
we'll certainly agree to that. Item 5, I guess that's just up to the
city and the HRA about the canopy. Whether the City wants that
' connection or not. We can see advantages and disadvantages and we're not
pushing for it one way or another.
Conrad: Architecturally, what does it look like?
Bob Copeland: What does the canopy look like?
Conrad: Yeah.
Bob Copeland: I have a rendering here that was prepared some years ago
if that would be helpful. I only have one so you can pass it around and
see what it would be like.
' Ledvina: The separation between the two buildings is 72 feet I see on
the plan. Is that correct?
' Bob Copeland: That sounds like more than is there. If someone scaled
that from the drawing, and that's what it shows, then.
Al -Jaff: I contacted BRW and had them survey it for us. They didn't
have time to send us plans but what they surveyed was 72 feet.
Bob Copeland: Okay. I don't know that that's wrong. It just seems a
' little.
Ledvina: So the canopy would be 72 feet?
Bob Copeland: It would be if it was constructed.
Ledvina: That's huge.
' Bob Copeland: The canopy is not part of our proposal at this time.
' Ledvina: You could put another building between there.
Conrad: Yeah, I like that in what was original. So that would continue
the roof line all the way over. And basically the advantage of the
canopy is purely, is weather or what was the advantage of the canopy?
Bob Copeland: Just aesthetics? And that's a matter of opinion. Some
people like it. It sort of identifies an entry to the project.
Conrad: And you can enter the two buildings from underneath the canopy?
Bob Copeland: You would not be able to, no. There is no entry planned
for either building there. While you're looking at that I'll just touch
on some of these other points. Item number 6, we will certainly meet all
' the conditions outlined by the Fire Marshal. Item number 7 is regarding
amending the development agreement to 'snow an entry within 20 feet on
the south side of the structure and certainly we go along with that.
Planning Commission Meeting
September 2, 1992 - Page 7
Item number 8 is screening HVAC equipment. That's fine. I just added It
own item number 9 which really wasn't touched on too much, or somewhat
briefly, and that is the cut in the median to allow access to the
building so that someone coming from the west can take a left turn into
the project and, we have requested that and we fetsl that that is not
really a problem and is not inconsistent with other situations that the
City had. Has done in recent years. We think it's just a matter of
opinion as to whether it's a safety problem. We don't feel that it is.
Also, it's become very important to us because we have one tenant that'
moving out of our Phase 1 building because of the access to the property
and others have complained about it although they haven't threatened to'
move out. But we've just become aware that that access, being able to
take that left turn there is very important to our tenants.
Batzli: You want the left turn between the two? 1
Bob Copeland: Correct.
Batzli: Phase 1 and Phase 2?
Bob Copeland: Right. If you're coming from the west and you are about
even with the Riveria, you wouldn't necessarily know that you should to
there and if you miss that turn, then you have to go about 800 feet down
to the east to Great Plains.
Batzli: Paul, where's the stop sign?
Krauss: Signal? 1
Batzli: Signal going in?
•
Krauss: There's one at Laredo and one at Great Plains and then further)
to the west. We have very significant reservations about the median cut.
We have regularly recommended against them where it provides anything
less than access to a major site. The only time we considered making oll
was when on the north side of Market Square which serves 130,000 square
feet of retail, and even then after the bank proposal was dropped, we
decided not to make the median break. We're dealing with roads that aril
going to carry extremely high volumes of traffic. Anytime you introduc
a turning movement, you're introducing difficulty. You're also
destroying the landscape median to accomplish it. This site has
relatively good access. It does have access to a median break. I guesil
that doesn't show it as well as, we brought this here for a different
reason. But you can see there's a...right here. Here's a full median
break going between the main part of the'lot for the Frontier Center.
Here's the right -in, right -out only. Here's the other access... Frank
this site's got better access than a lot of others we have here in town.
If anything, we're looking at modification to 78th Street to handle the
more traffic and frankly this is a step in the wrong direction... I me
we just came from a meeting this morning where we are denying Target and
another property who wanted two full median breaks and, 3? Four or
three. 1
Aanenson: Three full median breaks.
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' Planning Commission Meeting
September 2, 1992 - Page 8
Krauss: And we would not give them that. They're limited to two
that serve both north and south sides of 78th Street. And that's for
117,000 square foot store and outlots.
Batzli: Do you have anything else on the curb cut Ladd? `.
Conrad: Not right now. We'll come back to it.
Bob Copeland: Okay. Then as far as this revision to our sign covenant
that starts on page 6 and goes onto page 7. We don't have any problem
1 with the part on page 6 but at the top of page 7, a significant change
was made to what we proposed and it starts out saying that a tenant may
have no more than one sign. On this project with people driving by on
' one side and then accessing the building on the other, we feel it's
important to have tenant signs on both sides. And at least have the
ability to do that. And we have that situation on the existing building
where we have some tenants with more than one sign and we want to have
that ability for this second phase too. We don't see that it creates,
should create any problem and we don't really see why there would be any
objection to this.
1 Erhart: You're asking for one sign per side?
Bob Copeland: We want to allow a tenant to have up to two signs. Up to
and including two signs. Not more than two.
Erhart: One per side.
1 Bob Copeland: One per side. We'd be happy to put that in there too if
that further clarifies it. But you can't see more than, you can't see
the north and south side of the building at the same time so it, I don't
know why anyone would object to this. But you can understand how a
tenant might want to advertise that they're in the building to people
driving by on West 78th and then identify where they are within the
' building to people parking in the parking lot on the other side of the
building. So we think it's a reasonable request.
Batzli: Explain to me a little bit what kind of tenants you're expecting
to have.
Bob Copeland: Well, we have some, they're sort of called quasi - retail
tenants. They're kind of inbetween office and retail. People like
chiropracters. Legal offices. Dental offices. Accountants. That kind
of thing that have people that walk in a lot and they could either be in
a retail space or an office space. We also have the sports, well I don't
know what they call it now. The business health group with Waconia
Hospital is thinking about relocating their, portions of their business
' in there too. But virtually every tenant wants signage these days and
it's a real important issue to us.
Batzli: As you're probably aware, we've gone around and around on the
number of signs on Phase 1 so this issue isn't foreign to us. Do you
have anything else?
1
1
Planning Commission Meeting
September 2, 1992 - Page 9 ,
Bob Copeland: Just a couple more things. On item 4, it's stated, or
it's proposed anyway that the signs on the north elevation or the parki
lot side be non - illuminated. We just as soon have them be illuminated,
just like the signs are on the south side and on both sides of the Phasll
1 building. I think these signs are going to be that high in the air.
You know they won't throw off a lot of light. I can't imagine that the
residents in the single family homes to the north are quite a ways away
from even the parking lot and there's a lot more light thrown off by th
parking lot lights themselves than these neon tubes that would be withi
the fixtures. So we'd like to have the ability to have those signs
illuminated. 1
Farmakes: Do you consider your tenants or your quasi retail office
tenants, whatever they happen to be, lawyers or chiropracters, conductill
business after 5:00?
Bob Copeland: Could well be. Some of them could.
Farmakes: Do you think they'd be open until what?
Bob Copeland: It's dark at 5:00 in the winter. 1
Farmakes: No, I'm asking what time do you think they conduct?
Bob Copeland: Well I don't know, you know. Probably not late into the
night but certainly after dark during the winter months. The last poin
I want to make then is on the changes that were made to what we proposed
under the section that's entitled, (c) General. Number 1. There's a
restriction in there on the size of real estate signs. This would be
temporary signs for leasing the building, that kind of thing. And what
we had proposed is that the signs comply with the current ordinance at
the time that we apply for a permit for that kind of sign. And we don'
want to be bound to these restrictions. We'll just comply with whatever
your sign ordinance is when we put up a sign. In other words, these
dimensions and so on, may be more restrictive than an ordinance that yout
may have in place 6 months or a year or 2 years or 5 years or whatever
from now.
Batzli: You may be better off under these. 1
Bob Copeland: Well, we'll take our chances. We'll live with whatever
your code is or your ordinance is at the time that we apply for a permit,
In other words, we just want the same treatment as everybody else has,
that's all. In this regard.
Batzli: Anything else?
Bob Copeland: No, that's all I have unless you have other questions of II
me.
Batzli: We'll probably have some questions a little bit later on. Than
you.
Bob Copeland: Okay, thank you.
Planning Commission Meeting
September 2, 1992 - Page 10
Batzli: Would anyone else like to address the Commission at this time?
It's a public hearing. Is there a motion to close the public hearing.
Ledvina moved, Conrad seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
Farmakes: I was a little confused on 2. Have you worked that out or is
it still a question whether or not it's consistent with phase 1? Page 6,
2.
Al -Jaff: No, we_'ve worked it out.
Farmakes: You've eliminated the sidewalk issue?
•
Batzli: Let me just touch on that. I mean sidewalks were a huge deal
when we first looked at this regarding walkways through the parking lot
to the apartment building to the north and that type of thing. Does this
all tie in with the massive amounts of discussion that went into it last
time? I'd hate to just kind of say yes, it's been worked out.
Al -Jaff: Maybe I shouldn't have called them sidewalks. There are 6
doors, 6 access points on each side. ..walkway that intrudes into the
parking area and that's where we are losing our parking spaces.
Batzli: Since we don't know what kind of, well I guess we kind of know
what sort of uses these things are going to be. I always thought that
the number of parking spaces that we needed depended on what the uses
were in the building. How do we know how many parking spaces we need
right now?
Krauss: Well, let me approach that from a different angle. We're
dealing with a redevelopment project in here that has parking that serves
a multitude of uses that we already know is extremely short or close or
tight on parking. And knowingly give up stalls right in front of the
doors just so we can paint out some spaces, for visibility or for
whatever reason, it seems to be something that, a luxury we can't afford.
If there's an ability to increase landscape islands in the parking lot
and that kind of thing, we're the first ones to propose it but this is a
parking lot that's running very tight.
Batzli: But how does it tie in with getting the people through the
parking lot safely?
Krauss: I guess neither Sharmin nor I are familiar with the discussion
' Mr. Chairman. I mean this took place before either of us were here but
the parking lot itself, as you see it today, I mean the parking lot can
be constructed consistent with the plans that were approved 3 -4 years
I ago.
Batzli: But see I don't know that we were really looking at this phase
that closely when we did it.
Al -Jaff: There is a master plan and this parking scheme does not fit
with what is out there. In this case they are...from the Riveria parking
1
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•
Planning Commission Meeting
September 2, 1992 - Page 11
area. ...this is what exists. 1
Batzli: That's what currently exists?
Al -Jaff: Correct. • < 1
Batzli: I'll come back to this. Jeff, go ahead.
Farmakes: Since I was not here when you did Phase 1, I'm assuming that
what you're going to work out is going to be consistent with what you d'
on Phase 1 with that issue.
A1- -Jaff: Correct.
Farmakes: Going to line 5, comment on the canopy. This is the original'
concept here? I think the overall effect of the canopy makes the
building, the group look like a lot nicer. It breaks up the roofline.
That's a lot of roofline for one. I again have not been involved with
your original issues on this building. It seems to me that canopy makes
the overall effect of the entire development look a lot nicer. I'm not
sure what practical purposes it serves since that information's not in II
here.
Krauss: It serves no practical purpose. It was a design feature.
There's no physical connection between the two buildings that can be
accessed through.
Farmakes: Well it is, I guess it's an effect that it makes it look mor
attractive and breaks up the long expanse of roofline. And makes it loo
like there's something more than two long pitched roof buildings. I get
back to 8(a) where the applicant said 9. There already is a 9 so I don'
know how you want to classify that request for the entrance issue. I'm
not a traffic engineer. I'll support whatever staff comes up with that.
Getting 2 on 9. This is consistent, the 12 inches? What was worked outi
with the City Council on the signage issue that we went in Phase 1?
Al -Jaff: Correct.
Farmakes: So that's consistent, okay. On the issue of three. I can
understand the applicant's concern that the people understand where the
store is when they come up from the, it would be on the north side of till
building. However, don't they have to drive past the south side before
they enter primarily? The north is not the primary entrance. Am I
correct? Would you drive through the south and then traverse to the
parking lot?
Al -Jaff: Correct.
Farmakes: 5o you would have a basic understanding of where positioned
that building that would be? The signs are placed where the place of
business is. '
Al -Jaff: Well, there are two accesses that they could.
1
11
Planning Commission Meeting
September 2, 1992 - Page 12
11 Conrad: There's no guarantee Jeff they're going to pass.
Al -Jaff: See the Colonial shopping center. They use the access off of
Great Plains Boulevard, then they won't be able to.
Farmakes: So a fair statement is that they may or may not?
1 Al -Jaff: Correct.
Farmakes: Alright. That's a valid concern that the tenant has on 3. On
the issue of the illuminated sign, however that does concern me that that
would be on the side of residential area. That those are illuminated
after 5:00 or after it gets dark. So I would support that they be non-
illuminated on that one side. To sum up this thing here, I still am
terribly uncomfortable with how this whole thing is worked out. That
there's a quasi, to quote the applicant, a quasi retail office area. It
seems to me that what happens eventually is that visually anyway, the
effect is that it becomes a retail area. And if we're looking for some
diversity in what we have going on here, in the future I hope that we, if
we're going to have a quasi retail area, that we zone quasi retail area
that we know is going to turn out to look like retail when we plan.
That's the last of my comments.
' Batzli: Did you like the idea of the curb cut in the center of the
building? The curb cut that the applicant is proposing?
Farmakes: I would defer to the staff on that. On the issue of that
access.
Batzli: Matt.
1 Ledvina: Okay. Looking at the canopy issue, I guess I would agree that
that kind of unifies the whole development there so I would support that.
I can see the increased traffic on West 78th Street and I definitely
would concur with the staff on deciding not to put that median cut in
there so I would not support an EA condition. The additional sign for
the tenant, that seems reasonable to provide identification on the north
side of the building. That's fine. Non - illumination for the north
elevation sign, I agree with that point. And I feel that in terms of
specifying the square footage of the sign, etc., I guess I would agree
with the applicant that they be allowed to meet the ordinance
requirements. Whatever they might be at the time that they apply for a
sign permit. So I agree with simplying I guess 9(c)(1). And that's it.
1 Batzli: Sharmin, is the sign covenant which accompanies this site plan,
that's what you're talking about for the purposes of these various thing?
The front /back illumination. That type of thing. That will become part
of this covenant that's attached to the site plan?
Al -Jaff: Correct.
1 Batzli: Is there a reason why we were specifying the real estate sign?
1
1
Planning Commission Meeting 1
September 2, 1992 - Page 13
Al -Jaff: That's what in the city code right now. It's not proposed toll
be amended. Kate is working on amending the sign ordinance and that
section remains as is.
Batzli: Okay, so we're not gaining anything or losing anything'really
just saying that they need to comply with the standard?
Al -Jaff: No. 1
Batzli: Ladd. 1
Conrad: Briefly, real briefly. I like the canopy. I like how it looks.
I'm not paying for it but I like what that does. The median cut. I
guess I don't like the traffic flow into the building, period. It's jut
real cumbersome. No matter where it is, it's real cumbersome. I don't,
you know by the Riv, I don't like how that goes in. I don't like passing
traffic going through the turn by the clock tower and meandering around"
to the back. It's just real sloppy.
Batzli: Well sure, you didn't support me when I tried to get that curb
cut closed though did you, 3 years ago? 1
Conrad: I don't know. Maybe it was late at night and whatever. But
it's just. 1
Erhart: You're not negative on it are you?
Conrad: It's real cumbersome. I'm amazed we're doing this stuff and 1
then if Target moves in, we have other problems along 78th Street. So
yeah, I don't want to, I think if the engineer says we shouldn't have a
curb cut through the median, that we have to pay attention but still I
don't like, I don't like the access to the site, period. And I think
with Target moving in, I would hope we're doing some work on the entire
West 78th Street. I would hope so and I think this should be part of II
that. The right place for people to enter is under the canopy which we
may not build. But you know, that's where it should be. I think
absolutely that this is a retail center. Absolutely has to have two
signs. One on 78th. One on the other side. The illuminated, I'm not
sure about. It's facing residential. Even though it's retail, I don't
know that we were, I think we were thinking office at the time and ther
wouldn't be signage back there. I guess I'm not real comfortable
illuminating it. There very definitely has to be a sign over there. H
to be. Just no doubt in my mind. The free standing signs and all the
restrictions, I'm just assuming that all well for the monument signs.
No. No, I'm not even. There's a statement in here, the copy shall have"'
a maximum height of 1 foot and be internally. Is that a standard or are
we making that up?
II
Al -Jaff: We're making that up. That is what they are requesting in
their covenants so.
Conrad: So they're comfortable? You're comfortable with that? 1
Bob Copeland: We bought that...Phase 1.
I
1
Planning Commission Meeting
September 2, 1992 - Page 14
Batzli: If the Council agreed to...Phase 1. That's consistent.
Conrad: It is consistent?
Batzli: That's what staff said. Consistent with Phase 1.
Conrad: Then I really, when I start dictating copy size, you know, we
can dictate signage size. I don't have a problem with signage but when
we start saying copy, geez. That's not our business but if it's
consistent and the applicant is comfortable, I won't make it an issue. I
I/ want to move on. And then I feel comfortable with the applicant saying,
hey apply the current ordinance and in terms of the general signage.
Yeah, let's just do that. So that's all.
i Erhart: Okay. I too, I was really sold on this project when Phase 1
came in because I really liked the canopy. So we'll add that to the
stream of positives regarding the canopy. The question is, the building
setback the same from the curb as Phase 1?
Ai -Jaff: Yes it is.
1 Erhart: We certainly don't want to have it any closer. You know I guess
my feeling and I've probably stated it 100 times up here is what we
1 should do, unless there's a better plan coming, it sounds like there is
on West 78th Street. I couldn't agree with Ladd more. We've got to do
something. And without getting into it, the easiest would be just to get
rid of the center median and put a third middle lane where people could
turn. You know which is a turning lane. Get rid of the center median
completely and it solves all these problems because really, quite frankly
if you're going to make a curb cut, as Ladd said, you'd make it under the
canopy and eliminate the curb cut between the Riveria and the west end of
the building. So I don't know.
Krauss: 78th Street is going to be modified a little bit and it's going
to be extended. Strgar- Roscoe who's doing work for us has proposed some
modifications to make turning movements more adaptable there and at Great
Plains to fix the intersection there. Long term, in fact not very long
11 term given the speed at which things are happening, they're telling us
that we're going to have to widen that out to, we've got 16 foot lanes
now. We're going to need the added lane width probably on the outside to
get a full two lanes in each direction. As far as the appropriate place
for the full median cut, yeah. I agree that that situation back there is
somewhat confused and a compromise. The Riveria wanted their curb cut.
The Frontier Center didn't want to lose theirs. The one curb cut that we
have there serves both north and south sides equally well of that curb
cut. It is kind of messy but that was a design that evolved after
several years of effort and the City actually owned all those parking
lots. We built them.
Erhart: I kind of find it humorous because people always talk about how
scares it is to drive on TH 101. I live down on TH 101 and there's only
'. one thing that scares me in this city and that's trying to cross West
78th Street at Market Boulevard.
1
Planning Commission Meeting
September 2, 1992 - Page 15
Krauss: Well that's true and the Council's already authorized the
signals to go in.
Erhart: That's great. 1
Conrad: Paul, I don't understand. Even looking at this. If we care
about the...of this building, there could be a lot more people here or I
over there. Look at what we're having them doing. They're coming in
here and around there and then we have them make a 180 degree turn to
back here. Some of that stuff just doesn't look right. You know, it's
just not well, that's not how we should be pushing people around. I
don't know the other alternatives but that's not efficient and in the
same center we're pushing, they have to go all the way down through the
stop sign. Well, if they hit the Riv and they know how to turn, and tilt
know how to go through the parking lot. See what we're doing is we're
pushing people through a restaurant parking lot and then we get them into
the medical professional center parking lot. You know, geez. 1
Erhart: My turn again?
Conrad: I'm sorry.
Batzli: He got that off his chest.
Erhart: It would seem to me the simplest, moving on to signs. It seem'
to me the simplest is just adapt the same signage agreement that we spent
so much time on in Phase 1. I'd just offer that as a simple solution. I
would agree with the applicant that we should allow one side per sign.
also agree that it doesn't seem, I just can't imagine a illuminated sign,
neon lighted sign effecting someone in that apartment building. Maybe
I'm not naive about that but secondly is the other building does allow II
it, correct Sharmin? Illuminated north side signs. Phase 1. It was
allowed.
Al -Jaff: I don't know. 1
Erhart: Do you know?
Bob Copeland: It is allowed and there are two.
Erhart: And lastly, if it doesn't make any difference and the applicant
wants to see it read, comply with current city ordinance, I don't, I
guess everybody seems to be agreeable to that. If it makes the applicant
more comfortable. And that was it. 1
Batzli: why do you want to give them what Phase 1 had for signage when
none of us liked it and really one of the few reasons we gave it to the
was that we were bushwhacked by an oversight from prior staff?
Erhart: Well I'll have to look back here but actually I think I liked
it. Now I'm trying to remember how that all went. I remember we had II
discussion one night. I didn't like the original signage which were all
the sight color and then there was one that came on that was gold. I
guess if I remember right, and I think Ladd and I agree that we should
1
Planning Commission Meeting
September 2, 1992 - Page 16
not have allowed the sign on the front of the, what do you call it? The
porch or whatever. That's where I think we ended up saying. The mistake
was not, we should never allowed signs on that porch.
II s_ Al -Jaff: Dormers.
Erhart: Dormers. What you call the dormer areas. They were fine in the
11 background but what really made them ugly was on the dormers and maybe
that's the area we ought to look at.
Batzli: You don't mind the signs that are currently that building?
Erhart: The ones that are on the main part of the building, I actually
like the logos and the color.
Batzli: Do you?
Erhart: Yeah. Better than what we saw a year ago. Just these gold
stamped letters that looked like something out of, you know you go down
to Target and, everybody's turning now. Ladd, don't look at me that way.
' Farmakes: I've always had a problem, not with the signs but with, as I
said before in my statement, the content of the building. I think it's a
mish mash and I think the purpose of, you have to admit anyway that there
are a lot of professional buildings and a lot of office buildings that do
not have signage. And again, allows for some diversity and this thing is
kind of an apparition. It's kind of retail but it says it's an office
and professional. I don't think the signage enhances the building in any
way, shape or form. But it obviously enhances communication of potential
customers for the business. So• it's serving it's purpose. I have no
1 problem with it being consistent. That's a consistent development.
Batzli: Well but, if you're trying to direct the type, well there's two
issues. One is, are we trying to make this one look like the other one
so we should let that kind of sign...in there just to make it look
consistent? Second issue is, if you really want to direct the type of
tenant that's going to go in there, you know the more retail oriented
things are going to want the neon lights. Whatever and the more
"professional" type things, they might not care if it's neon.
1/ Farmakes: Is that not what the building has been approved at?
Batzli: I don't know that we approved what.
' Farmakes: Well, if you offer them office and retail, according to the
market that's been developing here, it's becoming retail. They obviously
want retail signage and they want to be open after 5:00. So I mean
that's where the direction's leading.
Batzli: Right. But did we approve it as retail?
Farmakes: Well, you're getting back to what we discussed then in Phase
1.
1
Planning Commission Meeting
September 2, 1992 - Page 17
Batzli: But I never envisioned this as retail. I viewed it more as
office. Professional office services.
Conrad: Office services, yeah. And as talked about then, it's a matte
of, whether service or retail, you can accomplish the same thing with t
signs. Bringing traffic in. The question is how well do you do it and
we sure fought that one the last time through. 1
Farmakes: We were mixed however. If left up to the market, what you're
doing is visually you're going to get all retail. So you lose any
diversity you might have from having business within and having a
professional...
Conrad: I don't know. I don't know.
Erhart: What do you mean? •
Conrad: If I had a service business, I'd put it there and I'd say, thi1
is a plus to have a sign out on a high traffic area.
Farmakes: Well, there are some professionals that are going into Eden
Prairie Mall. Dentist, for instance. They want to be in a mall settin .
That's what they want. They want to be a retail setting. And there are
other people who want to be in a professional building. Somebody
accesses their business, they don't want to come by with 15% off in the
window. So it's just a question of what it is. I'm not positive for it
one way or the other. It seems to me that what we've got here is sort
an either or.
Batzli: But you still would...the size.
Farmakes: I think the cat's out of the bag. I think if you're going toll
be consistent in the building, we should be consistent with what Phase 1
is. Especially if there's a canopy there. Basically what you've got is
one building. One development.
Batzli: Phase 1 differed a little bit in that it's internally accessed
and there was some sort of prohibition about the number of signs that it
�
had I thought.
Al -Jaff: There's a limit of 7 signs on Phase 1 on the south side of thell
building versus there's no limit on this one.
Krauss: In trying to echo Jeff's comments. That was our position II initially that this was an internally accessed, two story professional
building. You go down to the Southdale Professional Building and it's
full of doctors. It doesn't have signs all over it. Now, they made the
point that this is a mix type of building. Rightly or wrongly, that was
what was approved there. But whatever we thought with that, the single
story building is probably a lot more clearly retail oriented by design.
Batzli: What kind of retail are you talking about? When you say retail"
what are you envisioning?
• Planning Commission Meeting
September 2, 1992 - Page 18
Krauss: I don't know. I mean I can tell you what I'm envisioning but
maybe it'd be more important to see what Bob is, but maybe you want to
have a Xerox printing store in there. Maybe it will be a chiropracter's
' office. I mean I think you can conceiveably have a mix that's not too
much different than Town Square. Another Travel Agent. We've already
heard that there's going to be some professional office space in there.
Those kinds of uses are very adaptable these days.
Batzli: Yeah, and like those types of uses would want those kinds of
signs. Travel agent, a copy center, those kinds of things.
Farmakes: Sure, posters in the window. Fly to Jamaica.
11 Batzli: I'd like to see the canopy constructed, although I don't know
that I agree with Ladd's comment that we're not paying for it.
Conrad: I didn't mean that. I said I was not paying for it. Well,
yeah.
Batzli: We're all paying for it aren't we?
' Conrad: Yeah. See my comment wasn meant, I had nothing financially
motivating it one way or the other. If it's coming out of my pocket,
then I might be concerned.
Batzli: I think it's coming out of all of our pockets.
Krauss: I know that Mr. Copeland's position that the HRA would pay for
it. I have no reason to dispute that but I don't know that to be fact or
not. I assume, it's part of the HRA's agreement.
i Farmakes: Would there be signage on the canopy?
Krauss: No.
Farmakes: So you have some sort of thing worked out with that
originally?
Krauss: There was no, the signage was allocated by tenant space. There's
no tenant space.
' Conrad: Eastbound traffic enter here.
Batzli: We had discussions originally about whether fire trucks and the
like could fit underneath the canopy and'whether this was, whether a
center island could go in there. Whether the fire trucks could manage
that. All that kind of good stuff. Have we looked at it in view of
having a canopy on here so that we're not approving something that's
going to burn down and our trucks sit out on the road watching it?
Krauss: Well again, that's not an issue that I'm particularly familiar
with but it sounds like your desire is to carry forward a recommendation
that the canopy be considered and we can certainly have our Fire Marshall
make sure the turn radii are acceptable. Honestly, one of the reasons
1
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Planning Commission Meeting
September 2, 1992 - Page 19
why we're going to be modifying a little bit the turn radii on 78th
Street is our fire trucks are having trouble negotiating. So yeah, we
think that it can be done but it's got to be done right. And throw it
the curb cut has to be wide enough.
Batzli: I guess for the life of me, I don't know why they'd be driving
underneath a burning wooden building. Come to think of it. Okay. The
signs, I don't like but I'm never going to get rid of them. I think thil
temporary real estate sign, they should have whatever they're allowed to
have. I don't necessarily like the illumination to the north but if
we're going to give them on the south, I don't see why, I don't see the
distinction unless these are going to be so bright that they would both
the residents across the parking lot. And I want to make'sure that the
staff reviews the Minutes from the meeting when we discussed people
traversing this parking lot. There were a lot of safety concerns given
the routing of the traffic through the back end of the lot. And there
was talk about where we put the sidewalks. How to get people through II
there and I want staff to go back and look at that stuff so we don't ha
to recreate the wheel here to make they're addressing those concerns.
Safety issue through this parking lot, given the fact we're driving
everybody through the Riv, then along the back of the building, there a
going to be people moving along the back of the building at a relativel'
high speed and that has to be addressed. Those are my comments. Is
there a motion? 1
Conrad: Sure. I make a motion that the Planning Commission approval
Site Plan Review #88 -17 as shown on the site plan dated August 3, 1992
subject to the conditions in the staff report with the following change
On point number 2, instead of eliminate sidewalks between the parking
stalls, we will substitute, the applicant will eliminate four striped
areas or the appropriate number of parking spaces to...the parking
situation into compliance with staff recommendation. Everything stands!'
through 5, 6, 7, 8.
Batzli: Do you want to modify 5? 1
Conrad: No. Yeah. The City recommendation that a canopy connect the
two phases for point number 5. Under point number 9(a)(3), change the
requirement that the tenant may have one sign per side. Number 9(a)(4),
based on what I heard here. That we will allow the north signage to be
illuminated unless staff can present a stop strong argument against it.11
Under 9(b), stands. 9(c), to allow the current ordinance and it's
restrictions to apply to the general signage for real estate signage.
And point number 2. Tha staff should review the traffic movement withill
the Riveria and the professional building as well as traffic movement
along 78th Street to make sure that it's appropriate for Chanhassen in
the long run.
Erhart: I'll second it.
Batzli: Is there any discussion? 1
Farmakes: I have a question on 3. Under the sign covenant, page 7. You
said on four sides of the building. Does that mean that one now is two'',
1
Planning Commission Meeting
September 2, 1992 - Page 20
or three sides?
Conrad: Are there three?
Farmakes: Yeah, I thought we.
Conrad: I said one side. Okay.
Farmakes: There's four sides to the building.
Conrad: Good point. The intent is to have no more than two signs.
Al -gaff: That's good. A tenant may have no more than two signs.
Farmakes: What about the illumination? Is that being dropped?
Batzli: Let me ask the question on the number of tenants. Currently
this is being built out for 6 tenants. If you split some of these spaces
and we limit it to the tenants rather than the size of the building, just
by way of example. Let's say you put a wall through the middle of one of
' these spots and you,rented out one to each side. Would you want to have
each tenant having a sign on both sides of the building?
Conrad: Ah boy. That's a real good point Brian and we struggled with
that on the first phase.
Farmakes: Signage to the north and south.
Batzli: Could we limit it to no more than 12 signs maximum?
Conrad: I don't know how to address that. Yeah, we don't want it over
signed obviously.
Farmakes: You can limit the numeric by eliminating the signage to the
north and south.
Batztli: 6 signs.
Farmakes: No more than 2 signs per, rather than say side, say no more
than 2 signs per tenant. That will limit them correct to a sign to the
north and the south.
Conrad: But still they could potentially chop that building up. I don't
think that's realistic but potentially they could chop it up to put a
sign every.
Farmakes: Well they can have up to. If they're a major tenant and they
go through to the back, but I mean the idea being is that someone can
access the business to the back and see that it's there. If it's a
different business, well then the point is made. But I don't know how
II you'd limit how many tenants there are to the building, I mean other than
fire code.
•
1
I
Planning Commission Meeting •
September 2, 1992 - Page 21
Batzli: Well, if you're trying to make it look like the other building"
though, which is what I thought was one of our intents here, you don't
want to have 15 signs on the front, and 15 signs on the back. If that's
how many tenants there end up being. The applicant will probably tell 11
that's not realistic but if we're trying to keep the signage looking
similar to tie the buildings together then.
Farmakes: There's a height restriction. You should get a similar 1
density to the signage as you would in the other building. Unless
somebody took several lower units. They have a height limit on the
signage so that would limit the size of the sign. 1
Batzli: What's going to drive it is the tenant and the management. I
want a sign or I'm not moving in kind of a thing and if they can do it, I/
they'll put it up.
Farmakes: Right. But your concern is that there be too many. Not tha
there be too few, correct?
Batzli: Right. I would just limit it to 6 signs per side of the
building. 1
Conrad: Does that work?
Bob Copeland: Well, we have 7 on the south side of Phase 1. 1
Farmakes: Same width? -
Bob Copeland: The building is the same.
Conrad: That makes a maximum of 14. 1
Batzli: That would at least make it look similar.
Conrad: I'm not trying to do that. I'm just, I don't care. ,
Batzli: You don't want it over signed?
Conrad: Yeah, that's right. But I don't know how to deal with that.
Farmakes: The City Council can screw around with that. 1
Batzli: Put it in there, 14.
Conrad: So I'd amend under 9(a)(3) that 'a tenant may have no more than 1
two signs with the building having a maximum of 14 tenant signs.
Batzli: Who seconded that, do you know? 1
Farmakes: Are we restricting signage to the north and south face of the
building? 1
Batzli: We haven't so far I don't think.
1
1
Planning Commission Meeting
September 2, 1992 - Page 22
1-Jaff: Do you restrict 7 to the north and 7 to the south?
Conrad: Well, they're not going to put it under the canopy. I don't
think anybody's going to put it on the east.
Farmakes: You're seeing a use like a Subway over here on Market. You're
seeing two signs on the corner of the building and wrapped. We get two
signs right next to each other identical.
Conrad: Yeah, I guess I would restrict it to the north and the south.
How about you Tim?
Erhart: I thought that was in the staff report, so just add it to this.
Bob Copeland: It already says that it's...
Farmakes: The amendment though was referring to the sides of the
building.
Batzli: Any more discussion?
Conrad moved, Erhart seconded that the Planning Commission recommend
approval of Site Plan Review #88 -17 as shown on the site plan dated
August 3, 1992, subject to the following conditions:
1. No restaurant may be located in the western one -half of the Phase II
building.
i 2. Revise architectural plans as follows:
a. The applicant will eliminate four striped areas or the
appropriate number of parking spaces to bring it into compliance
with staff's recommendation.
b. Eliminate the public access door on the north face of the
building within the 20 feet of the west end of the structure.
c. Provide more detail on the roof line.
3. No unpainted aluminum shall be allowed on the exterior.
4. Type I erosion control fence shall be installed along West 78th
Street.
5. A canopy shall be built to connect the two phases of the Medical Arts
Building.
6. Meet all conditions outlined in the Fire Marshal memo dated August 6,
1992.
7. Amend the Development Contract between the HRA and Chanhassen Medical
Arts Limited Partnership to allow a public access door on the south
face of the building within the 20 feet of the west end of the
structure.
1
i
Planning Commission Meeting
September 2, 1992 - Page 19
why we're going to be modifying a little bit the turn radii on 78th
Street is our fire trucks are having trouble negotiating. So yeah, we
think that it can be done but it's got to be done right. And throw it at
the curb cut has to be wide enough. 1
Batzli: I guess for the life of me, I don't know why they'd be driving
underneath a burning wooden building. Come to think of it. Okay. The
signs, I don't like but I'm never going to get rid of them. I think th�
temporary real estate sign, they should have whatever they're allowed to
have. I don't necessarily like the illumination to the north but if
we're going to give them on the south, I don't see why, I don't see the
distinction unless these are going to be so bright that they would both
the residents across the parking lot. And I want to make sure that the
staff reviews the Minutes from the meeting when we discussed people
traversing this parking lot. There were a lot of safety concerns given!'
the routing of the traffic through the back end of the lot. And there
was talk about where we put the sidewalks. How to get people through
there and I want staff to go back and look at that stuff so we don't ha
to recreate the wheel here to make they're addressing those concerns.
Safety issue through this parking lot, given the fact we're driving
everybody through the Riv, then along the back of the building, there a
going to be people moving along the back of the building at a relatively
high speed and that has to be addressed. Those are my comments. Is
there a motion? 1
Conrad: Sure. I make a motion that the Planning Commission approval
Site Plan Review #88 -17 as shown on the site plan dated August 3, 1992
subject to the conditions in the staff report with the following change"
On point number 2, instead of eliminate sidewalks between the parking
stalls, we will substitute, the applicant will eliminate four striped
areas or the appropriate number of parking spaces to...the parking
situation into compliance with staff recommendation. Everything stands
through 5, 6, 7, 8.
Batzli: Do you want to modify 5? 1
Conrad: No. Yeah. The City recommendation that a canopy connect the
two phases for point number 5. Under point number 9(a)(3), change the II
requirement that the tenant may have one sign per side. Number 9(a)(4)
based on what I heard here. That we will allow the north signage to be
illuminated unless staff can present a stop strong argument against it, 11
Under 9(b), stands. 9(c), to allow the current ordinance and it's
restrictions to apply to the general signage for real estate signage.
And point number 2. Tha staff should review the traffic movement withi
the Riveria and the professional building as well as traffic movement
along 78th Street to make sure that it's appropriate for Chanhassen in
the long run.
Erhart: I'll second it.
Batzli: Is there any discussion? 1
Farmakes: I have a question on 3. Under the sign covenant, page 7. You
said on four sides of the building. Does that mean that one now is two
' Planning Commission Meeting
September 2, 1992 - Page 20
1 or three sides?
Conrad: Are there three?
Farmakes: Yeah, I thought we.
Conrad: I said one side. Okay.
Farmakes: There's four sides to the building.
Conrad: Good point. The intent is to have no more than two signs.
A11Jaff: That's good. A tenant may have no more than two signs.
Farmakes: What about the illumination? Is that being dropped?
Batzli: Let me ask the question on the number of tenants. Currently
this is being built out for 6 tenants. If you split some of these spaces
and we limit it to the tenants rather than the size of the building, just
by way of example. Let's say you put a wall through the middle of one of
1 these spots and you rented out one to each side. Would you want to have
each tenant having a sign on both sides of the building?
Conrad: Ah boy. That's a real good point Brian and we struggled with
that on the first phase.
Farmakes: Signage to the north and south.
Batzli: Could we limit it to no more than 12 signs maximum?
' Conrad: I don't know how to address that. Yeah, we don't want it over
signed obviously.
Farmakes: You can limit the numeric by eliminating the signage to the
north and south.
Batztli: 6 signs.
Farmakes: No more than 2 signs per, rather than say side, say no more
than 2 signs per tenant. That will limit them correct to a sign to the
1 north and the south.
Conrad: But still they could potentially chop that building up. I don't
think that's realistic but potentially they could chop it up to put a
sign every.
Farmakes: Well they can have up to. If they're a major tenant and they
go through to the back, but I mean the idea being is that someone can
access the business to the back and see that it's there. If it's a
different business, well then the point is made. But I don't know how
you'd limit how many tenants there are to the building, I mean other than
1 fire code.
•
1
1
Planning Commission Meeting
September 2, 1992 - Page 21 1
Batzli: Well, if you're trying to make it look like the other building"
though, which is what I thought was one of our intents here, you don't
want to have 15 signs on the front, and 15 signs on the back. If that's
how many tenants there end up being. The applicant will probably tell 11
that's not realistic but if we're trying to keep the signage looking
similar to tie the buildings together then.
Farmakes: There's a height restriction. You should get a similar 1
density to the signage as you would in the other building. Unless
somebody took several lower units. They have a height limit on the
signage so that would limit the size of the sign. 1
Bat71i: What's going to drive it is the tenant and the management. I
want a sign or I'm not moving in kind of a thing and if they can do it,
they'll put it up.
Farmakes: Right. But your concern is that there be too many. Not tha
there be too few, correct? 1
Batzli: Right. I would just limit it to 6 signs per side of the
building.
Conrad: Does that work?
Bob Copeland: Well, we have 7 on the south side of Phase 1. 1
Farmakes: Same width?
Bob Copeland: The building is the same. 1
Conrad: That makes a maximum of 14. • ,
Batzli: That would at least make it look similar.
Conrad: I'm not trying to do that. I'm just, I don't care. 1
Batzli: You don't want it over signed?
Conrad: Yeah, that's right. But I don't know how to deal with that. II
Farmakes: The City Council can screw around with that. 1
Batzli: Put it in there, 14.
Conrad: So I'd amend under 9(a)(3) that 'a tenant may have no more than II
two signs with the building having a maximum of 14 tenant signs.
Batzli: Who seconded that, do you know? 1
Farmakes: Are we restricting signage to the north and south face of the
building?
Batzli: We haven't so far I don't think.
1
1
Planning Commission Meeting
September 2, 1992 - Page 22
11 1-Jaff: Do you restrict 7 to the north and 7 to the south?
Conrad: Well, they're not going to put it under the canopy. I don't
think anybody's going to put it on the east.
Farmakes: You're seeing a use like a Subway over here on Market. You're
seeing two signs on the corner of the building and wrapped. We get two
signs right next to each other identical.
Conrad: Yeah, I guess I would restrict it to the north and the south.
How about you Tim?
Erhart: I thought that was in the staff report, so just add it to this.
Bob Copeland: It already says that it's...
Farmakes: The amendment though was referring to the sides of the
building.
Batzli: Any more discussion?
Conrad moved, Erhart seconded that the Planning Commission recommend
approval of Site Plan Review #88 -17 as shown on the site plan dated
August 3, 1992, subject to the following conditions:
1. No restaurant may be located in the western one -half of the Phase II
building.
2. Revise architectural plans as follows:
' a. The applicant will eliminate four striped areas or the
appropriate number of parking spaces to bring it into compliance
with staff's recommendation.
' b. Eliminate the public access door on the north face of the
building within the 20 feet of the west end of the strUcture.
c. Provide more detail on the roof line.
3. No unpainted aluminum shall be allowed on the exterior.
11 4. Type I erosion control fence shall be installed along West 78th
Street.
' 5. A canopy shall be built to connect the two phases of the Medical Arts
Building.
' 6. Meet all conditions outlined in the Fire Marshal memo dated August 6,
1992.
' 7. Amend the Development Contract between the HRA and Chanhassen Medical
Arts Limited Partnership to allow a public access door on the south
face of the building within the 20 feet of the west end of the
structure.
1
1
Planning Commission Meeting
September 2, 1992 - Page 23
8. All HVAC equipment placed on the ground must be screened with
landscaping.
9. Sign covenants shall meet the following criteria: 1
`
a. Wall Mounted Signs:
1. Signs are only allowed within a continuous 2'2" high band II
near the roof line on the north and south sides of the
building, including the projections over entries. Signs
shall be attached directly to the building siding and not II
project above or below the designated sign area.
2. All signs shall be comprised of individual letters and /or II
logos. Letters shall not exceed 12" in height and logos
shall not exceed 24" in height.
3. A tenant may have no more than two signs with the building"
having a maximum of 14 signs total on the north and south
sides. Copy is restricted to the tenant's proper name or
service offered.
4. Signs on the north elevation shall be illuminated, unless
staff can present a strong argument against it. Signs on t
south side shall be illuminated.
b. Free Standing Signs:
1. Monument Sign: One Single Sided monment sign for building
identification (not tenant identification) may be placed in
the southwest yard between the building and the sidewalk. II
The top of the sign may not exceed 4 feet in height. The
dimensions of the sign may not exceed 2 feet heigh by 14 feet
wide. The copy shall have a maximum height of one foot and
be internally illuminated.
c. General:
1. One non - illuminated temporary real estate which advertise
sale of the building or space for lease within the building
must meet the City's current sign ordinance requirements. 11
2. The applicant must obtain a sign permit prior to erecting any
signage on site.
•
3. Stop sign shall be installed at the exit point proposed on
West 78th Street.
All voted in favor and the motion carried.
Batzli: And this goes to the City Council September 28th as well. Okall
1
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11
SIGN COVENANT
• for
Retail /Office Center .
480 West 78th Street
(also known as Phase II Building)
Chanhassen, Minnesota T =
August 3, 1992
•
Exterior signage shall be allowed as follows: 1
A. On the Building
1. Signs are only allowed within a continuous -2'2= ".high
area near the roof line on each of the four.sides
of the building including the projections over
entries. Signs shall be attached directly to the
building siding and not project above or'belothe
designated sign area.
2. All sign shall be comprised of individual letters and/
or logos. Letters shall not exceed 12" in height,
logos shall not exceed 24" in height. 1
3. A tenant may have no more than two signs. Copy is
restricted to the tenant's proper name or service
offered.
4. Signs may be illuminated or non - illuminated.
B. Free Standing Signs:
1. Monument Sign: A single sided monument sign for ,
building identification (not tenant identification)
may be placed in the south yard between the building
and the sidewalk. The top of the sign may not exceed
4' in height. The dimensions of the sign may not
exceed 2' high by 14' wide. The copy shall have a
maximum height of 12" and be internally illuminated. 1
Page 1 of 2
1
1 •
= w
CITYOF
111
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Sharmin Al -Jaff, Planner I
11 FROM: Mark Littfin, Fire Marshal
DATE: August 6, 1992
SUBJ: Site Plan Review Phase II, 480 West 78th Street
88 -17 Site Plan Review
Comments and /or recommendations from the Chanhassen Fire
Department:
1. Submit utility plan showing fire hydrant locations.
2. Minimum vertical clearance of building connection
13 feet, 6 inches - 1988 Chanhassen Fire Code Sec. 10.207(d).
' 3. Maintain 10 foot clear space around fire hydrants - Chanhassen
City Ordinance.
' 4. The following Fire Department policies must also be met:
a. Policy #04 -1991, copy enclosed.
b. Policy #06 -1991, copy enclosed.
Note: Fire lanes will be marked by Fire Marshal on
approved final site plan.
c. Policy #07 -1991, copy enclosed.
' d. Policy #29 -1992, copy - enclosed.
5. Radius turns must be approved by the Chanhassen Engineering
' Department with a letter on file. -
6. Fire lane curbs must be painted yellow.
et
1
1
OT PRINTED ON RECYCLED PAPER
CITYOF
1
.43 1
:,.\ ,t,. CHANHASSEN i
_...,__.,,
-„_,.,: I "r
■,, . 41'. r,,' Ilk : -
4,
'';
•
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612)937-1900* FAX(612)937-5739 1
CHANHASSEN FIRE DEPARTMENT POLICY
II CHANHASSEN FIRE DEPARTMENT NOTES TO BE INCLUDED ON ALL SITE PLANS
All the following required inspections shall be scheduled 24 hours II
in advance with the Fire Marshal:
1. Witnessing the flushing of underground sprinkler service 1
line, per NFPA 13- 8 -2.1.
2. Hydrostatic test of sprinkler system and 24 hour air test
for dry systems.
II
3. Testing of all smoke detection, manual pull stations, and
fire suppression systems.
4. Installation of fire extinguishers 2A -40BC rated minimum.
II
Install one by each eiit_ door and as designated by Fire
Inspector.
5. Extinguishers shall be provided before final approval.
6. A final inspection by la Fire Inspector before a
II
Certificate of Occupancy is issued.
Fire Department access roads shall be provided on site during all
II
phases of construction. The construction of these temporary roads
will conform with the Chanhassen Fire Department requirements for
temporary access roads at construction sites. Details are
II
available.
Onsite fire hydrants shall be provided and in operating condition
during all phases of construction.
The use of liquefied petroleum -gas -shall be in conformance with
NFPA Standard 58 and the Minnesota-Uniform .Fire .. Code. A list of
II
these requirements is available.
All fire detection and fire suppression systems shall be monitored II by an approved UL central station with a UL 71 Certificate issued
on these systems before final occupancy is issued.
II Chanhassen Fire Department
Fire Prevention
Policy #04 -1991
II
Date: 11/22/91
Revised:
Page 1 of 2 1
n
tog: PRINTED ON RECYCLED PAPER 1
•
1 sv t NF!. _, CHANHASSEN
1 CITYOF ,,---„.
1 ::•. .F A jam. i.`,,,;. s ~1. :' -� ` -i ' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
4- (612) 937 -1900 • FAX (612) 937 -5739
CHANHASSEN FIRE DEPARTMENT POLICY
I REOUIREMENTS FOR FIRE LANE SIGNAGE
1. Signs to be a minimum of 12" x 18 ".
I NO
PARKING 2. Red on white is preferred.
FIRE 3. 3M or equal engineer's grade
II LANE reflective sheeting on aluminum
is preferred.
" 4. Wording shall be: NO PARKING
FIRE LANE
1 5. Signs shall be posted at each end
of the fire lane and at least at
7'0" °75 foot intervals along the
II •fire lane.
6. All signs shall be double sided
I facing the direction of travel.
7. Post shall be set back a
minimum of 12" but not more than
II 36" from the curb.
v - 8. A fire lane shall be required in
I (NOT TO
SCALE) GRADE front of fire dept. connections
extending 5 feet on each side and
along all areas designated by the
I Fire Chief .
ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN
WRITING, WITH A SITE PLAN, FOR APPROVAL BY THE FIRE CHIEF. IT IS
I THE INTENTION OF THE FIRE DEPARTMENT TO ENSURE CONTINUITY
THROUGHOUT THE CITY BY PROVIDING THESE PROCEDURES FOR MARKING OF
FIRE LANES.
II Chanhassen Fire Department
Fire Prevention
Policy #06 -1991
Date: 1/15/91
Revised:
Approved - Public Safety Director Page 1 of 1
II
"
t 4: PRINTED ON RECYCLED PAPER
I
1
CITYOF
,, ,---, i4 .i. ky .,_ .. 1
.. _,,,t 411t,
: - J< 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
ito
_`" �� (612) 937 -1900 • FAX (612) 937 -5739
CHANHASSEN FIRE DEPARTMENT 1
POLICY REGARDING PRE -PLAN
Prior to issuing the C.O., a pre -plan, site plan shall be submitted
to the Fire Department for approval. The following items shall be
shown on the plan. 1
1) Size 11" x 17" (maximum)
2) Building footprint and building dimensions ,
3) Fire lanes and width of fire lanes
4) Water mains and their sizes, indicate looped or deadend
5) Fire hydrant locations
6) P.I.V. - Fire Department connection
II
7) Gas meter (shut -off), NSP (shut off)
8) Lock box location
9) Fire walls, if applicable II 10) Roof vents, if applicable
11) Interior walls
12) Exterior doors
13) Location of fire alarm panel
II
14) Sprinkler riser location
15) Exterior L.P. storage, if applicable
16) Haz. Mat. storage, if applicable
I
17) Underground storage tanks locations, if applicable
18) Type of construction walls /roof
19) Standpipes 1
1
1
1
Chanhassen Fire Department
Fire Prevention
Policy #07 -1991
II
L..)4/ ?7-1^------ Date: 01/16/91
Revised:
Approved - Public Safety Director Page 1 of 1
I
es
t PRINTED ON RECYCLED PAPER
1
CITYOF :„..
I „se(it.
‘ ''N.A -itV71 ClIANBASSEN
. pri
,,,, i''' 1 .4 -..,--
I A., .-. i tfi A l ,r--'''
, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1.' (612) 937 -1900 • FAX (612) 937 -5739
CHANHASSEN FIRE DEPARTMENT POLICY
1 PREMISES IDENTIFICATION
General
1 Numbers or addresses shall be placed on all new and existing
buildings in such a position as to be plainly visible and legible
from the street or road fronting the property. Said numbers shall
1 contrast with their background. Size and location of numbers shall
be approved by one of the following - Public Safety Director,
Building Official, Building Inspector, Fire Marshal.
1 Requirements are for new construction and existing buildings where
no address numbers are posted.
II .. ,
Other Requirements - General
1. Numbers shall be a contrasting color from the background.
1 2. Numbers shall not be in script
3. If a structure Is not visible from the street, additional numbers are required at the driveway entrance. Size
and location must be approved.
I 4. Numbers on mall box at driveway entrance may be a minimum of 4 ". However, requirement *3 must still
be met. -
1 5. Administrative authority may require additional numbers 11 deemed necessary.
Residential Requirements (2 or less dweLno unit)
1 1. Minimum height shall be 5 1/4 ".
2. Buliding permits will not be flnaled unless numbers are posted and approved by the Building Department.
1 Commercial Requirements
1. Minimum height shall be 12 ".
I 2. Strip Mails
a. Multi tenant building will have minimum height requirements of 6 ".
b. Address numbers shall be on the main entrance and on all back doors. •
I 3. If address numbers are located on a directory entry sign, additional numbers will be required on the
buildings main entrance.
II Chanhassen Fire Department
Fire Prevention
Policy #29 -1992
- -- Date: 06/15/92
1 Revised:
Approved - Public Safty Director Page 1 of 1
t 4, PRINTED ON RECYCLED PAPER
1
CITYOF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 1
MEMORANDUM 1
TO: Sharmin Al -Jaff, Planner I
FROM: Steve A. Kirchman, Building Officials ( ) .
DATE: 08/05/92 1
SUBJECT: 88 -17 Site Plan Review (Chanhassen Retail /Office Center)
Anticipated occupancy classification for the building is B -2, which will
require a class B roof covering.
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Olk
t*, PRINTED ON RECYCLED PAPER
II CITY O F P.C. DATE: April 19, 1989
lr C H A N H SSEN C.C. DATE: May 8, 1989
,r iy 11 CASE NO: 89
Prepared by: Hanson /v
11 STAFF REPORT
PROPOSAL: A) Preliminary Plat Approval
I B) Site Plan Review of Final Facia Signage and Exterior
Building Lighting and Revised Sidewalk and Parking
Q Layout Configuration
V LOCATION: North of West 78th Street and East of 480 West 78th
Ia. Street
APPLICANT: Lotus Realty
' Q P.G. Box 100
Chanhassen, MN 55317
PRESENT ZONING: CBD, Central Business District
ACREAGE:
' DENSITY:
' ADJACENT ZONING
AND LAND USE: N- R -12; proposed Heritage Park Apartments
II gc S- CBD; commercial use
E- CBD; commercial use
I ° W- CBD; commercial use
W WATER AND SEWER: Municipal services are available
PHYSICAL CHARAC.: Site is level
2000 LAND USE PLAN: Commercial
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North Side Parking Lot
April 19, 1989 ,
Page 2
The site plan for this area, which is the location of the
Chanhassen Professional Building was approved by the City Council
at the February 27, 1989, meeting. That approval was subject to
the following conditions:
1. Platting the area.
2. Submittal of final facia, signage and exterior building
lighting for Planning Commission approval prior to issuance
of building permits.
3. Traffic engineering should review sidewalk location on the 1
east portion of the parking lot for safety, with the possibi-
lity of realigning the sidewalk and adding stop signs or
speed bumps to maximize accessibility.
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4. Direct staff to have the consultants review the intersection
to see if there is any possible alternatives and if possible
have a modified alternative by March 13th.
Since that time the plat has been prepared for the property. The
plat creates two building sites around West 78th Street and
outlots generally to the rear of those two buildable lots for the
parking areas that will serve these buildings.
The site plan has been amended to modify the location on the pro-
perty on the west end near the Riviera. These amendments were
done in order to improve the parking situation for the Riviera
Restaurant. In addition, the sidewalk locations were,evaluated
on the east end of the proposed Chanhassen Professional Building.
It was felt the best alternative was to align the sidewalk from
the apartment building in a generally direct alignment with the
clock tower. Then also a pedestrian link was made from that area
over to Colonial Center. In evaluating means for making the
pedestrian crossings through the parking area visible, it was
' determined the best solution was to put in large cross walk
painted areas lined up with landscaped features between parking
stalls. It was felt that the use of speed bumps in the parking
lot would not improve the situation for these cross access ways
and that stop signs would be inappropriate in these locations.
Pedestrian signs could be added to emphasize where the cross
walks are. 1
The City Council asked staff to evaluate the access at the inter-
section of West 78th Street and Great Plains Boulevard. In
looking at this, no other alternatives were identified other than
eliminating this particular access. This access was a negotiated
item with the property owners in the area as part of the overall
redevelopment of this entire area. The Engineering Department
has indicated this access, while not the most ideal situation, is
acceptable from an operational standpoint.
North Side Parking Lot
April 19, 1989
Page 3
The applicants have sumitted facia, signage and exterior building
lighting for Planning Commission review. The applicants arepro-
posing one free standing identification sign of 20 square feet to
be located at the southwest corner of the building in Phase I.
This sign will be 3'6" in height. On the back side a free
standing directory sign is proposed to be 4'6" high and 3'6"
across. On the face of the building back lit sign bands are pro-
posed over three of the entrances these are 36 square feet in
size. On the south elevation another sign band of the same size
is shown in the middle of the building. The signage proposed
complies with the zoning requirements, provided that no occupant
may have more than one wall sign.
The plans note only one light to be located in the patio area.
No other exterior lighting is proposed on the exterior of the
building. The other site lighting is part of the parking lot
improvements being done by the city.
The proposed facia of the building is to be woodlap and
shakertown siding, with ornamental grille work and railings on
teh entrance features. The roof is to be asphalt shingles.
Previously the entrance features were goint to be brick. No
colors have been listed on the plans. The door and window
' materials are not noted. These should not be aluminum finish.
RECOMMENDATION
Planning staff recommends the Planning Commission adopt the
following motion:
1 The Planning Commission recommends approval of the preliminary
plat for the North Side Parking Lot subject to the plans stamped
"Received April 14, 1989 ".
The Planning Commission recommends approval of the revised site
plan and final facia, signage and exterior lighting based on
plans stamped "Received April 14, 1989" subject to the following
1 conditions:
1. No business may have more than one wall sign.
2. No unpainted aluminum shall be allowed on the exterior.
3. Pedestrian signs be added to cross walks in parking lot.
ATTACHMENTS
' 1. Preliminary plat.
2. Site plan for north side parking lot.
3. Site plan for Phase I Chan Professional Building.
4. Elevations for Phase I Chan Professional Building.
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' SIGN COVENANT
for
Retail /Office Center
480 West 78th Street
(also known as Phase II Building)
' Chanhassen, Minnesota
August 3, 1992
Exterior si na a shall be allowed as follows:
g g
' A. On the Building
1. Signs are only allowed within a continuous 2'2" high
area near the roof line on each of the four sides
of the building including the projections over
entries. Signs shall be attached directly to the
building siding and not project above or below the
designated sign area.
2. All sign shall be comprised of individual letters and/
or logos. Letters shall not exceed 12" in height and
logos shall not exceed 24" in height.
' 3. A tenant may have no more than two signs. Copy is
restricted to the tenant's proper name or service
offered.
4. Signs may be illuminated or non - illuminated.
B. Free Standing Signs:
1. Monument Sign: A single sided monument sign for
building identification (not tenant identification)
may be placed in the south yard between the building
and the sidewalk. The top of the sign may not exceed
4' in height. The dimensions of the sign may not
' exceed 2' high by 14' wide. The copy shall have a
maximum height of 12" and be internally illuminated.
Page 1 of 2
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C. General
1. Temporary real estate signs which advertise sale of
the building or space for lease within the building
are permitted in accordance with city codes. Wall
mounted temporary tenant identification signs located
where the permanent tenant identification sign will
be are permitted in accordance with city codes.
Permanent traffic signs are permitted in accordance
with city codes. 1
2. A permit from the city must be obtained for all
signs.
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I
CONTRACT FOR PRIVATE DEVELOPMENT
1
By and Between
1 THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR
1 THE CITY OF CHANHASSEN, MINNESOTA
and
CHANHASSEN MEDICAL ARTS LIMITED PARTNERSHIP
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1 This Document Drafted by:
I Holmes & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402
(612) 337 -3900
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CONTRACT FOR PRIVATE DEVELOPMENT 1
THIS AGREEMENT, made and entered into as of this day of 1
, 1989, by and between the Housing and Redevelopment Authority in
and for the City of Chanhassen, a public body corporate and politic (HRA), having •
its principal office at 690 Coulter Drive, Chanhassen, Minnesota and Chanhassen I
Medical Arts Limited Partnership, a Minnesota limited partnership (Developer),
having its principal office at 7101 York Avenue South, Edina, Minnesota.
WITNESSETH: 1
WHEREAS, the HRA was created pursuant to Minnesota Statutes, Sections
469.001 through 469.047 and was authorized to transact business and exercise its 1
powers by a resolution adopted by the Chanhassen city council on March 25, 1973;
and
WHEREAS, the HRA has undertaken a program for the clearance and 1
reconstruction or rehabilitation of blighted, deteriorated, vacant, underused or
inappropriately used structures and land and, in this regard, is carrying out a
I redevelopment project known as the Chanhassen Downtown Redevelopment Project
(Project) in the downtown area (Project Area) of the City; and
WHEREAS, the HRA has adopted a redevelopment plan for the Project _ 1
(Redevelopment Plan) which it has amended most recently in October, 1988; and
WHEREAS, in order to achieve the objectives of the Redevelopment Plan
Il
and particularly to make land in the Project Area available for development by
private enterprise in accordance with the Redevelopment Plan, the HRA has
determined to provide substantial aid and assistance to the Developer; and I
WHEREAS, the Developer has proposed a development as hereinafter
defined within the Project Area which the HRA has determined will promote and
carry out the objectives for which development in the Project Area has been
undertaken, will assist in carrying out the objectives of the Redevelopment Plan,
will be in the vital best interests of the City, and is in accord with the public
purposes and provisions of the applicable state and local laws and requirements .
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under which development in the Project Area has been undertaken and is being
assisted.
NOW, THEREFORE, in consideration of the mutual covenants and
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obligations contained herein, the parties do hereby represent, covenant and agree
as follows:
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1 ARTICLE I
Definitions .
I Section 1.1 Definitions. In this Agreement, the following shall be the
meanings given unless a different meaning clearly appears from the context:
I "Act" means the Housing and Redevelopment Authorities Act, Minnesota
Statutes, Sections 469.001 to 469.047.
I "Agreement" means this Contract for Private Development, as the same
may be from time to time modified, amended, or supplemented.
I "Certificate of Completion" means the certification provided to the
Developer pursuant to Section 4.3 of this Agreement in the general form attached
hereto as Exhibit 13.
1 "City" means the City of Chanhassen, Minnesota.
"County" means Carver County, Minnesota.
1 "Developer" means Chanhassen Medical Arts Limited Partnership, a
Minnesota limited partnership consisting of Thies & Talle Enterprises, Inc., a
I Minnesota corporation, Robert R. Copeland and Raymond 0. Mithun, Jr., as general
partners.
"HRA" means the Housing and Redevelopment Authority in and for the City
of Chanhassen.
"Improvements" means the Phase I Improvements and, if constructed, the
1 Phase II Improvements.
"Minnesota Environmental Policy Act" means Minnesota Statutes, Sections
I 116D.01 et seg., as amended.
"Minnesota Environmental Rights Act" means Minnesota Statutes, Sections
116B.01 et seg., as amended.
I "National Environmental Policy Act" means 42 U.S.C. SS 4331 et se g., as
amended.
1 "Phase I Improvements" means those improvements detailed on the Project
Plans referenced in Exhibit Al attached hereto.
I "Phase II Improvements" means those improvements detailed on the Project
Plans referenced in Exhibit A2 attached hereto.
1 "Project" means the Chanhassen Downtown Redevelopment Project.
"Project Area" means the property located within the boundaries of the
i Project.
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"Project Plans" means the plans, specifications, drawings and related I
documents on the construction work to be performed by the Developer to construct
the Phase I Improvements which (a) shall be as detailed as the plans, specifications,
drawings and related documents which are submitted to the building official of the
City, and (b) shall include at least the following for the building: (1) site plan; (2)
foundation plan; (3) floor plan for each floor; (4) cross sections of each (length and
width); and (5) elevations (all sides). "Project Plans" shall also include such
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preliminary plans, drawings and sketches as are available regarding the Phase II
Improvements.
"Property" means the real property which is comprised of the Phase I 1
Property and the Phase II Property and which is legally described in Exhibits Cl
and C2, respectively. Unless the context clearly indicates the contrary, any
reference to the Property shall mean both the Phase I and Phase II Property.
"Public Improvement Agreement" means the agreement between the City
and the Developer relating to the construction of the parking lot and other public
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improvements.
"Redevelopment Plan" means the Chanhassen Downtown Redevelopment I
Project Plan, as amended as of the date of this Agreement.
"Tax Increment" means that portion of the real property taxes which is paid
with respect to the Property and which is remitted to the HRA as tax increment
I
pursuant to the Tax Increment Financing Act.
"Tax Increment Financing Act" or "TIF Act" means Minnesota Statutes,
Sections 469.174 to 469.179.
"Unavoidable Delays" means delays which are the direct result of strikes,
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other labor troubles, fire or other casualty to the Improvements; litigation
commenced by third parties which, by injunction or other similar judicial action,
directly results in delays; acts of any federal, state or local governmental unit
except those contemplated by this Agreement or the Public Improvement
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Agreement; or any other cause beyond the control of the Developer which directly
results in delays.
Section 1.2. Exhibits. The following Exhibits are attached to and by 1
reference made a part of this Agreement.
Al. Phase I Improvements
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A2. Phase II Improvements
B. Certificate of Completion
Cl. Phase I Property Description
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C2. Phase II Property Description
D. Form of Deed
El. Parking Lot Plan
I E2. Extent of 1989 Parking Lot Construction
F. Special Assessment Agreement
G. Plat
H. Assessment Agreement
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I. Covenants
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1 Section 1.3. Rules of Interpretation. (a) This Agreement shall be
interpreted in accordance with and governed by the laws of the state of Minnesota.
I (b) The words "herein" and "hereof" and words of similar import, without
reference to any particular section or subdivision refer to this Agreement as a
whole rather than any particular section or subdivision hereof.
1 (c) References herein to any particular section or subdivision hereof are
to the section or subdivision of this Agreement as originally executed.
I (d) Any titles of the several parts, articles and sections of this
Agreement are inserted for convenience and reference only and shall be
disregarded in construing or interpreting any of its provisions.
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ARTICLE 11
1 Representations and Warranties
Section 2.1. By the Developer. The Developer makes the following
1 representations:
(a) The Developer is a Minnesota limited partnership, consisting of Thies
I & Talle Enterprises, Inc., a Minnesota corporation, Robert R. Copeland and
Raymond 0. Mithun, Jr., as general partners, has the legal authority and power to
enter into this Agreement, and has duly authorized the execution, delivery and
performance of this Agreement.
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(b) The Developer has the capability of obtaining the necessary equity
capital financing for construction of the Improvements; .
1 (c) In the event the Property is conveyed to the Developer, the
Developer will construct, operate and maintain the Improvements in accordance
1 with the terms of this Agreement, and all local, state and federal laws and
regulations;
(d) At such time or times as may be required by law, the Developer will
I have complied with all local, state and federal environmental laws and regulations,
will have obtained any and all necessary environmental reviews, licenses or
clearances under, and will be in compliance with the requirements of the National
I Environmental Policy Act of 1969, the Minnesota Environmental Policy Act, and
the Critical Area Act of 1973. The Developer has not received notice or
communication from any local, state or federal official indicating that the
I activities of the Developer may be or will be in violation of any environmental law
or regulation. The Developer is not aware of any facts the existence of which
would cause the Developer to be in violation of any local, state or federal
environmental law, regulation or review procedure or which would give any person
1 a valid claim under the Minnesota Environmental Rights Act;
(e) The Developer will obtain, in a timely manner, all required permits,
I licenses and approvals, and will meet, in a timely manner, all requirements of all
local, state and federal laws and regulations which must be obtained or met before
the Improvements may be constructed; and
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(f) Neither the execution and delivery of this Agreement, the 1
consummation of the transactions contemplated hereby, nor the fulfillment of or
compliance with the terms and conditions of this Agreement is prevented, limited
by or conflicts with or results in a breach of the terms, conditions or provisions of
any partnership restriction or any evidences of indebtedness, agreement or
instrument of whatever nature to which the Developer is now a party or by which it
is bound, nor constitutes a default under any of the foregoing. 1
Section 2.2. By the HRA. The HRA makes the following representations:
(a) The HRA is a housing and redevelopment authority duly organized 1
and existing under the laws of Minnesota and is authorized by law to enter into this
Agreement and to carry out its obligations hereunder;
(b) The HRA will cooperate with the efforts of Developer to secure the 1
granting of any permit, license, or other approval required to allow the
construction of the Improvements; 1
(c) The Project is a redevelopment project within the meaning of the Act
and is located in a tax increment financing district within the meaning of the TIF
I Act; and
(d) The HRA has taken all steps necessary to authorize execution of this
Agreement.
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ARTICLE III 1
Acquisition and Conveyance of Property
Section 3.1. Acquisition of the Property. The HRA shall acquire a sell 1
the Phase I Property to the Developer for $63,177. Closing on the sale of the
Phase I Property to the Developer shall occur on or before December 1, 1989. The
Developer shall have an option to purchase the Phase II Property for $100,250, less 1
the cost of construction of the first row of parking spaces and other improvements
located on Lot 2. The Developer may exercise its option by written notification' to
the HRA on or before December 31, 1990. If the Developer exercises its option to 1
purchase the Phase II Property, closing on the Phase II Property shall occur no later
than December 31, 1991.
Section 3.2. Conditions Precedent to Closing. Not later than 10 days prior 1
to the date of closing on any portion of the Property, the Developer shall provide
the HRA with evidence reasonably acceptable to the HRA of financial
commitments and contracts for construction of the phase of the Improvements to 1
be constructed on the Property to be conveyed. If the HRA finds, in the reasonable
exercise of its discretion, that the financing is sufficiently consistent with real
estate development industry standards and adequate in amount to provide for the
I construction of the Improvements, and that the conditions imposed by the financial
commitments on the Developer or on the HRA are reasonable, and in accordance
with the provisions of this Agreement, the HRA shall notify the Developer in
writing of its approval. Failure by the HRA to notify the Developer within such 1
10 -day period shall constitute approval of the adequacy of the Developer's
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1 financing. If the HRA rejects the evidence of financial commitments or
construction contracts provided by the Developer, closing shall be delayed for such
reasonable period as may be necessary in order for the Developer to submit
1 additional evidence to the HRA.
Section 3.3. Closing Documents. At closing, the HRA shall deliver to the
' Developer (a) a seller's form judgment and lien affidavit covering all judgments,
tax liens, bankruptcies, pending actions in any court, mechanics liens and
unrecorded contracts, leases, easements or other agreements relating to the
Property; (b) an affidavit stating that the HRA is not a "foreign person" for
' purposes of the Foreign Investment in Real Property Tax Act and stating the HRA's
United States Taxpayer Identification Number; and (c) a quit claim deed in
substantially the form of Exhibit D attached hereto. The Developer shall be
responsible for complying with any reporting requirements mandated by federal
law.
' Section 3.4. Title. (a) Prior to and as a condition to the Developer's
obligation to acquire the Property, the HRA shall obtain and furnish to the
Developer a commitment for the issuance of a policy of title insurance for the
Property. It is anticipated that title insurance shall be provided by Chicago Title
' Insurance Company. The Developer shall have twenty (20) days from the date of
its receipt of the title commitment to review the state of title to such parcel and
to provide the HRA with a list of written objections to such title. No objection
may be made by the Developer to any defect or encumbrance on the title to the
Property unless and to the extent that such defect or encumbrance would, if
uncured, have the effect of precluding the construction or financing of the
Improvements. Upon receipt of the Developer's written list of objections, the HRA
shall proceed in good faith and with all due diligence to attempt to cure the
objections and closing shall be delayed during such period of time as is reasonably
necessary to cure the objections. Within ten (10) days after the date that all such
' objections have been cured, to the reasonable satisfaction of the Developer, the
Developer shall proceed with its acquisition of the Property.
Section 3.5. Real Estate Taxes and Special Assessments; Special Assesment
Reduction Program. Real estate taxes due and payable in the year of closing and
installments on special assessments payable therewith for each phase shall be pro-
rated as of the date of closing. The Developer has the right to participate in the
' HRA's special assessment reduction program and the HRA and Developer shall
execute Special Assessment Agreement in the form attached hereto as Exhibit F.
ARTICLE IV
' Construction of Improvements and Parking Lot
Section 4.1. Construction of Improvements. The Developer agrees that
after closing on the Phase I Property it will construct the Phase I Improvements
thereon, which shall consist of approximately 21,200 square feet of medical clinic,
and occupational health and office space. If the Developer exercises its option and
acquires the Phase II Property, it shall construct the Phase II Improvements
' indicated on the Project Plans on the Phase II Property. No building permit shall
be issued for the Improvements unless the plans therefore are in general
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conformity with the Project Plans, this Agreement and all local, state and federal t
regulations.
Section 4.2. Schedule of Construction. Subject to Unavoidable Delays,
construction of the Improvements on the Phase I Property shall begin no later than
January 1, 1990, and be completed prior to December 31, 1990. Subject to
Unavoidable Delays, and if the Developer exercises its option regarding the Phase
II Property, the Developer shall begin construction of the Phase II Improvements on
or before April 1,1992, and shall complete construction of the Phase II
Improvements on or before April 1, 1993.
Section 4.3. Certificate of Completion. Promptly after notification by the
Developer of completion of construction of each phase of the Improvements, the
HRA shall inspect the construction to determine whether it has been completed in
accordance with the terms of this Agreement, including the date for the
completion thereof. If all conditions have been satisfied, the HRA shall furnish the
Developer with a Certificate of Completion in the form attached hereto as Exhibit
B. Such certification by the HRA shall be a conclusive determination of
satisfaction and termination of the agreements and covenants in this Agreement
with respect to the obligations of the Developer to construct the respective
Improvements. ,
The certifications provided for in this Section 4.3 shall be in recordable
form. If the HRA shall refuse or fail to provide certification in accordance with
the provisions of this Section 4.3, the HRA shall within 15 days of such notification
provide the Developer with a written statement, indicating in adequate detail in
what respects the Developer has failed to - complete the Improvements in
accordance with the provisions of this Agreement, or is otherwise in default, and
what measures or acts will be necessary, in the opinion of the HRA, for the
Developer to take or perform in order to obtain such certification. Prior to the
issuance of a Certificate of Completion, no occupancy of the Improvements shall
be permitted, except for such portion or portions of the building for which a
certificate of occupancy has been issued.
Section 4.4. Failure to Construct. In the event construction of the
Improvements is not commenced and completed as provided in Section 4.2 of this
Agreement, the HRA may give written notice of such failure and, subject to
Unavoidable Delays, if within 90 days after the giving of such notice the Developer
has not cured such failure or failures the HRA may exercise its rights under Article
VII of this Agreement, including the right to revest any portion of the Property for
which no Certificate of Completion has been issued in the HRA. If the Developer
fails to exercise its option regarding the Phase II Property on or before December
31, 1990, the HRA shall have the right but not the obligation to proceed with the
completion of the Improvements on the Phase II Property by substituting another
developer or by taking whatever actions it deems reasonably necessary to complete
construction. The HRA's rights under this Section 4.4 shall be subordinate to the
rights of any mortgagee approved by the HRA.
Section 4.5. Special Construction by HRA. According to the Project Plans
and Parking Lot Plan, the buildings to be constructed on Lot 1 and Lot 2 shall be
separated from one another by an area used to provide access from W. 78th Street
to the parking lot to be constructed by the City on Outlots D and C. If the building
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I on Lot 2 is constructed, the HRA reserves the right to construct and maintain at
its expense and without special assessment, a canopy covering the area between
the buildings. If the HRA chooses to construct the canopy, the Developer shall
I grant to the HRA the necessary easements to permit the attachment of such a
structure to the Improvements: Nothing herein shall obligate the HRA to construct
the canopy nor prevent the Developer from constructing the canopy at its expense,
I following review and approval of plans by the HRA and City.
Section 4.6. Future Expansion of Phase I Improvements. Subject to the
availability of parking, the Developer shall have the right to construct an addition
I to the Phase I Improvements not to exceed 3,000 square feet in size. If the
Developer chooses to construct an addition, the plans for the addition shall be
submitted to the HRA and City for approval prior to commencement of
I construction. The addition shall comply with all city codes and be compatible with
the public improvements made by the City on W. 78th Street. The compatibility of
the addition shall be determined at the sole discretion of the HRA, which approval
shall not be unreasonably withheld. The HRA shall also have the right to refuse
I approval of the full addition or to require that it be reduced in size if it determines
that, according to the City's zoning ordinance, the number of parking spaces
required for the addition plus the number of spaces required for the uses occupying
I the Phase I Improvements would exceed the number of parking spaces available for
the Phase I Improvements according to the Parking Lot Plan.
1 Section 4.7. Architectural and Tenancy Limitations. In the Phase I and, if
constructed, Phase II Improvements, there shall be no unpainted aluminum on the
exterior of the buildings nor may any tenant have more than one exterior wall sign,
unless permitted by ordinance. In the Phase II Improvements, there shall be no
I public access door on the west face of the building nor on the north or south faces
of the building within 20 feet of the west end of the structure. No restaurant may
be located in the western one -half of the Phase II Improvements.
1
ARTICLE V
1 Assessment Agreement
Section 5.1. Tax Increment. For five years following the issuance of a
I Certificate of Completion for the Phase I Improvements, the Developer agrees not
to take any of the following actions: (1) seek administrative review or judicial
review of the applicability of any tax statute determined by any tax official to be
I applicable to the Phase I Property or raise the inapplicability of any such tax
statute as a defense in any proceedings, including delinquent tax proceedings; (2)
seek administrative review or judicial review of the constitutionality of any tax
statute determined by any tax official to be applicable to the Phase I Property or
I raise the unconstitutionality of any such tax statute as a defense in any
proceedings, including delinquent tax proceedings; (3) request the assessor to
reduce the market value of the Phase I Property below the amount stated in the
I Assessment Agreement; (4) petition the board of equalization of the City or the
board of equalization of Carver County to reduce the market value of the Phase I
Property below the amount stated in Section 5.2 of this Agreement and in the
1 Assessment Agreement for the Phase I Property; (5) petition the board of
equalization of the state or the commissioner of revenue of the state to reduce the
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market value of the Phase I Property below the amount stated in the Assessment 1
Agreement for the Phase I Property; (6) initiate an action in a district court of the
state or the tax court of the state pursuant to Minnesota Statutes, Chapter 278,
seeking a reduction in the market value of the Phase I Property below the amount
stated in the Assessment Agreement for the Phase I Property; or (7) apply to the
commissioner of revenue of the state requesting an abatement of real property
taxes pursuant to Minnesota Statutes, Chapter 270. 1
Section 5.2. Assessment Agreement. Prior to closing on the Phase I
Property, the Developer and the HRA shall enter into an Assessment Agreement in
the form attached hereto as Exhibit H. The Assessment Agreement shall provide
that the minimum market value of the Phase I Improvements shall be equal to
$1,450,000.
1
ARTICLE VI
Financing 1
Section 6.1. Limitation Upon Encumbrance of Property. Prior to the
issuance of the Certificate of Completion, neither the Developer nor any
successor in interest to the Property or any part thereof shall engage in any
financing or any other transaction creating any mortgage or other encumbrance or
lien upon the Property, whether by express agreement or operation of law, or
suffer any encumbrance or lien to be made on or attached to the Property other
than the liens or encumbrances attached for the purposes of obtaining funds to the
extent necessary for making and financing the Improvements and such additional
funds, if any, in an amount not to exceed the costs of developing the project,
including land acquisition, without the prior written approval of the HRA. The
HRA shall not approve any Mortgage which does not contain terms which conform
to the terms of this Article VI and Section 7.2 of this Agreement. 1
Section 6.2. Copy of Notice of Default to Lender. Whenever the HRA shall
deliver any notice or demand to the Developer with respect to any breach or
default by the Developer in its obligations or covenants under this Agreement, the
HRA shall at the same time forward a copy of such notice or demand to each
Holder of any Mortgage authorized by the Agreement at the last address of such
Holder shown in the records of the HRA.
Section 6.3. Lender's Option to Cure Defaults. After any breach or default
referred to in Section 7.1 of this Agreement, each such Holder, insofar as the
rights of the HRA are concerned, shall have the right, at its option, to cure or
remedy such breach or default, or such breach or default to the extent that it
relates to the part of the Property covered by its mortgage, and to add the cost
thereof to the Mortgage debt and the lien of its Mortgage; provided that if the
breach or default is with respect to construction of the Improvements, nothing
contained in this Section 6.3 or any other section of this Agreement shall be
deemed to permit or authorize with Holder, either before or after foreclosure or
action in lieu thereof, to undertake or continue the construction of the
Improvements or completion of the Development beyond the extent necessary to
conserve or protect Improvements or construction already made without first
having expressly assumed the obligation to the HRA, by written agreement, to
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complete, in the mariner provided in this Agreement, the Development or the part
thereof to which the lien or title of such Holder relates.
' Any such Holder who shall promptly complete the Development or
applicable part thereof shall be entitled, upon written request made to the HRA, to
certification by the HRA to such effect in the manner provided in Section 4.3 of
this Agreement, and any such certification shall, if so requested by such Holder,
mean and provide that any remedies or rights that the HRA shall have or be
entitled to because of failure of the Developer or any successor in interest to the
Property, or any part thereof, to cure or remedy any default with respect to the
' construction of the Improvements on other parts or parcels of the Property, or
because of any other default in or breach of the Agreement by the Developer or
such successor, shall not apply to the part or parcel of the Property to which such
' certification relates.
Section 6.4. Subordination. In order to facilitate obtaining financing for
' the construction of the Improvements by the Developer, the HRA shall agree to
modify this Agreement and subordinate its interest in the manner and to the extent
it deems reasonable, upon request by the financial institution and the Developer.
1 ARTICLE VII
' Events of Default
Section 7.1. Events of Default Defined. The following shall be deemed
Events of Default under this Agreement and the term shall mean, whenever it is
' used in this Agreement, unless the context otherwise provides, any one or more of
the following events:
(a) Failure by the Developer to pay when due the payments required to
be paid or secured under any provision of this Agreement;
' (b) Failure by the Developer to observe and substantially perform any
covenant, condition, obligation or agreement on its part to be observed or
performed hereunder, after written notice to the Developer as provided in this
Agreement;
(c) If the Developer shall admit in writing its inability to pay its debts
generally as they become due, or shall file a petition in bankruptcy, or shall make
' an assignment for the benefit of its creditors, or shall consent to the appointment
of a receiver of itself or of the whole or any substantial part of the Property;
' (d) If the Developer shall file a petition under the federal bankruptcy
laws;
(e) If the Developer, on a petition in bankruptcy filed against it, be
adjudicated a bankrupt, or a court of competent jurisdiction shall enter an order of
decree appointing, without the consent of the Developer, a receiver of the
Developer or of the whole or substantially all of its Property, or approve a petition
1 filed against the Developer seeking reorganization or arrangement of the
Developer under the federal bankruptcy laws, and such adjudication, order or
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decree shall not be vacated or set aside or stayed within 60 days from the date of 1
entry thereof; or
(f) If the Developer is in default under any Mortgage regarding the
1
Property and has not entered into a work -out agreement with the Mortgagee within
the period of time permitted by the Mortgagee.
Section 7.2. Remedies on Default. Whenever any Event of Default occurs, 1
the HRA may, in addition to any other remedies or rights given the HRA under this
Agreement but only after the Developer's failure to cure within 30 days of written
notice of default, take any one or more of the following actions with respect to any
portion of the Property for which no Certificate of Completion has been issued:
(a) suspend its performance under this Agreement until it receives
assurances from the Developer, deemed reasonably adequate by the HRA, that the
Developer will cure its default and continue its performance under this Agreement;
(b) cancel or rescind this Agreement;
1
(c) withhold the Certificate of Completion; or
(d) take whatever action at law or in equity may appear necessary or
desirable to the HRA to collect any payments due under this Agreement, or to
enforce performance and observance of any obligation, agreement, or covenant of
the Developer under this Agreement; provided, however, that any exercise by the
HRA of its rights or remedies hereunder shall always be subject to and limited by,
and shall not defeat, render invalid or limit in any way (a) the lien of any Mortgage
authorized by this Agreement and (b) any rights or interests provided in this
Agreement for the protection of the Holders of a Mortgage.
If there is an Event of Default by the Developer under the Public
Improvement Agreement, the HRA may suspend its performance or cancel or
rescind this Agreement. If there is an Event of Default by the City under the
Public Improvement Agreement, the Developer may suspend its performance or
cancel or rescind this Agreement.
Section 7.3. Revesting Interest in HRA Upon Happening of Event
Subsequent to Conveyance to Developer. In the event that subsequent to any
closing and prior to the issuance of a Certificate of Completion:
(a) The Developer shall fail to complete construction of the
Improvements in conformity with this Agreement, and such failure is not due to
Unavoidable Delays and such failure shall not be cured within two weeks after
written notice from HRA to do so; or
1
(b) The Developer shall, after commencement of the construction of the
Improvements, default in or violate its obligations with respect to the construction
of the Improvements (including the nature and the date for the completion
thereof), or shall abandon or substantially suspend construction work, such act or
actions is not due to Unavoidable Delays and any such default, violation,
abandonment, or suspension shall not be cured, ended, or remedied within the time
period provided for in this Agreement; or
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(c) The Developer or successor in interest shall fail to pay real estate
taxes or assessments on any portion of the Phase I Property or Phase II Property
owned by the Developer or any part of the taxes or assessments when due, or shall
' place thereon any encumbrance or lien unauthorized by the Agreement, or shall
suffer any levy or attachment to be made, or any materialmen's or mechanics' lien,
or any other unauthorized encumbrance or lien to attach, and such taxes or
assessments shall not have been paid, or the encumbrance or lien removed or
discharged or provision satisfactory to the HRA made for such payment, removal,
or discharge, within 30 days after written demand by the HRA to do so; provided,
that if the Developer shall first notify the HRA of its intention to do so, it may in
good faith contest any mechanics' or other lien filed or established and in such
event the HRA shall permit such mechanics' or other lien to remain undischarged
and unsatisfied during the period of such contest and any appeal, but only if the
Developer provides the HRA with a bank letter of credit or other security in the
amount of the lien, in a form satisfactory to the HRA pursuant to which the bank
will pay to the HRA the amount of any lien in the event the lien is finally
determined to be valid or, as an alternative to such forms of security, has made a
deposit with the district court in the manner provided in Minnesota Statutes,
Section 514.10. During the course of such contest the Developer shall keep the
HRA informed respecting the status of such defense; or
' (d) There is, in violation of the Agreement, any transfer of the Property
or any part thereof, and such violation shall not be cured within 60 days after
written demand by the HRA to the Developer; or
' (e) The Developer fails to comply with any of its covenants under this
Agreement and fails to cure any such noncompliance or breach within 30 days after
' written demand to do so where such demand is required by this Agreement, then
the HRA shall have the right to reenter and take possession of the Property and to
terminate and revest in the HRA the interest of the Developer in the Property;
' provided, however, that any exercise by the HRA of its rights or remedies
hereunder shall always be subject to and limited by, and shall not defeat, render
invalid or limit in any way the lien of any Mortgage authorized by this Agreement
or any rights or interests provided in this Agreement for the protection of the
Holders of a Mortgage; and provided that following issuance of a Certificate of
Completion for the Phase I Improvements the provisions of this Section 7.3 shall
not apply to the Phase I Property and following issuance of a Certificate of
Completion for the Phase II Improvements the provisions of this Section 7.3 shall
not apply to any portion of the Property. Notwithstanding any other provision of
this Agreement to the contrary, violation by the Developer of any provision in
Sections 4.6 and 4.7 of this Agreement shall not allow the HRA to revest the
1 Property in the HRA.
Section 7.4. Resale of Reacquired Property; Disposition of Proceeds. Upon
the revesting in the HRA as provided in Section 7.3, the HRA shall, pursuant to its
responsibilities under law, use its best efforts to resell the Property or any part
thereof in such manner as the HRA shall find feasible and consistent with the
objectives of law and of the Development Plan, and in such a manner as to
maximize the net proceeds of the sale. Upon such resale of the Property, the
proceeds shall be used first to reimburse the City and HRA for their costs and
expenses incurred in the revestiture and sale, and then to satisfy any liens or
' encumbrances placed on the Property in violation of this Agreement.
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Section 7.5. No Remedy Exclusive. No remedy herein conferred upon or 1
reserved to the HRA is intended to be exclusive of any other available remedy or
remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity ar by statute. No delay or omission to exercise any
right or power accruing upon any default shall impair any such right or power or
shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to
entitle the HRA or the Developer to exercise any remedy reserved to it, it shall
not be necessary to give notice, other than such notice as may be required in this
Article VII.
Section 7.6. No Additional Waiver Implied by One Waiver. In the event any
agreement or covenant contained in this Agreement should be breached by any 1
party and thereafter waived by another party, such waiver shall be limited to the
particular breach so waived and shall not be deemed to waive any other concurrent,
previous or subsequent breach hereunder. '
Section 7.7 Relationship of Phases Regarding Events of Default. If a
Certificate of Completion is issued by the HRA pursuant to Section 4.3 of this
Agreement regarding the Phase I Improvements, no subsequent Event of Default
regarding the Phase II Improvements or Phase II Property shall be deemed to be an
Event of Default regarding the Phase I Improvements or Phase I Property, nor shall
any subsequent Event of Default regarding the Phase I Improvements or Phase I
Property be deemed an Event of Default regarding the Phase II Improvements or
Phase II Property.
ARTICLE VIII '
Additional Provisions 1
Section 8.1. Conflict of Interest; Representatives Not Individually Liable.
No member, official or employee of the HRA shall have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official, or
employee participate in any decision relating to this Agreement which affects his
or her personal interests or the interests of any corporation, partnership, or
association in which he or she is, directly or indirectly, interested. No member,
official, or employee of the HRA shall be personally liable to the Developer, or any
successor in interest, in the event of any default or breach by the HRA or for any
amount which may become due to the Developer or successor or on any obligations
under the terms of the Agreement.
Section 8.2. Assignment of Rights to Phase II. It is acknowledged by the
parties that a new development partnership may be formed for the purpose of
-undertaking the Phase II Improvements. If a new partnership is formed for such
purpose, the HRA shall be notified and shall have the right to approve any general
partner who is not a partner for the Phase I Improvements, which approval shall not
be unreasonably withheld.
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Section 8.3. Non - Discrimination. The provisions of Minnesota Statutes,
Section 181.59, which relate to civil rights and non - discrimination, shall be
considered a part of this Agreement and binding on the Developer as though fully
' set forth herein.
Section 8.4. Provisions not Merged with Deed. None of the provisions of
' this Agreement are intended to be or shall be merged by reason of any deed
transferring any interest in the Property and any such deed shall not be deemed to
affect or impair the provisions of this Agreement.
' Section 8.5. Notice of Status and Conformance. At such time as all of the
provisions of this Agreement have been fully performed by the Developer,. the
HRA, upon not less than ten days prior written notice by the Developer, agrees to
execute, acknowledge and deliver, without change to the Developer or to any
person designated by the Developer, a statement in writing in recordable form
certifying the extent to which this Agreement has been fully performed and the
obligations hereunder fully satisfied.
' Section 8.6. Notices and Demands. Except as otherwise expressly provided
in this Agreement, a notice, demand or other communication under this Agreement
by any party to another shall be sufficiently given or delivered if it is sent by mail,
postage prepaid, return receipt requested or delivered personally:
' (a) As to the HRA: Executive Director
690 Coulter Drive
Chanhassen, Minnesota 55317
' (b) As to the Developer: Chanhassen Medical Arts
Limited Partnership
c/o Thies & Talle Enterprises, Inc.
1 7101 York Avenue South
Edina, Minnesota 55435
or at such other address with respect to either party as that party may, from time
to time, designate in writing and forward to the other as provided in this Section
8.5.
' Section 8.7. Counterparts. This Agreement may be simultaneously
executed in any number of counterparts, all of which shall constitute one and the
same instrument.
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IN WITNESS WHEREOF, the HRA and the City have caused this Agreement 1
to be duly executed in their name and behalf and the Developer has caused this
Agreement to be duly executed as of the day and year first above written.
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF CHANHASSEN, MIN ► - 1
B
s Ch( ' rson
By
Its Execute Director 1
CHANHASSEN MEDICAL ARTS
LIMITED PARTNERSHIP
By /4/17,/? l.f '
Its Gc -..j
By
Its
CH130 -014
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1 STATE OF MINNESOTA )
ss
1 COUNTY OF , fit )
S The foregoing instrument was acknowledged bef a me this .Z-+ -Q -day of
e.44- , 1989, by C tJit:vra -1- -ems and yv , the
Chairperson and Executive Director of the Housing and Redevelopment Authority
in and for the City of Chanhassen, Minnesota, a public body politic and corporate,
under the laws of the state of Minnesota, on behalf of the HRA.
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• ' ,�
I /Totar . P blic
I STATE OF MINNE OTA ) zr' r' -TA
) ss r. 'y c _.;.r1 i
COUNTY OF 1 J - ,,,�,_J ) ___
1 The foregoing inst ument was acknow dged before me this day of
(Lc , 1989 b � , genera
I partner of Chanhassen Medical ArtsJLimited Partnership, a Minnesota limited
partnership, on behalf of the partnership. a , t
r� SHARON M RUANE .!';';ESOTA � ■ ) /
a -fi ,
- Notary Public
I
ssNt. Ot\ to RUANE
I N OTAR ` ' PUBLI MINNESOSA
<' Y, HENNEPIN COUNT'
2 h' \ Cor, m:ssion Expires July 10 1993 x
1 -.r enMNvvvA
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EXHIBIT Al 1
. 1
The Phase Improvements plans I Im rovements lans consist of sheets A -1 through A -8 and S-1 1
through 9-5 prepared by Arvid Elness Architects, Inc., dated April 24, 1989, and on
file with the City. 1
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EXHIBIT B 1
CERTIFICATE OF COMPLETION
The undersigned hereby certifies that Chanhassen Medical Arts Limited 1
Y
Partnership has fully and completely complied with its obligations under Article IV
of that document entitled "Contract for Private Development," dated
between the Housing and Redevelopment Authority in and for 1
the City of Chanhassen and Chanhassen Medical Arts Limited Partnership with
respect to construction of the Improvements in accordance with the approved 1
construction plans and is released and forever discharged from its obligations to
construct under such above - referenced Article.
DATED:
1
By 1
Its Executive Director
By 1
Its Chairperson
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II
1 EZEIIIT Cl
The legal description of the Paw 1 Property is u follows;
II CwenctnS et the $eetheast corner of the $ssthwrest Quarter of fatties 12.
Township 111 Rugs 223 thence rvMlaS Vest ea the South line of said
. Section 12. 1 f0 test to a point thence earth 2 reds IS a point, uhlch 1s
Oa pint of beglnnIAS of tee land to be herein described: Thence running
I Uort1 se the last described lies a distance of 170 test to a point: thence
pinning a right angle and running Yos i llstaec of 23.1 feet to a pelat
thence tuning a right angle and running South a distance of 70 feet to a
plat: thence tvrnlag a right angle coed ruantag east a distance of 7 feat
I is a foist; thence turning a r1 ht angle and mooing South a distance of
100.00 f sett is p it at; thence turning a right angle and Nosing East 1$.$
feet to pe at
1 •
MAUL T 1
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II $sctl* wwmsfEi10t1161Norrtth,RRaentst23 Vsst the $t frieclpalsMeridiem, of
described as tellers:
•
' CasesenclaS at the Southeast corer of said leetheast Quarter of the
I Southwest Quarter; thews Westerly, aloes the South line of said Southeast
• Quarter et tee southwest Quarter, a distant. of 170.50 feet; theme
MrthofIS. at a right Gallo, a distract of 132.18 feet; thence Westerly et a
right angle, a distasea of 100.18 feet to the polst of beg'saisg et the lase
I 1* be described; theme Westerly. alone tee Southerly i � st escribed
• lime, G distance et 00.10 test; thou y
distaste et 132.18 het to the !seta %tee of said southeast garter et the •
Southeast Quarter; thews Westerly, aloes said seel ee N tae o teet.
10.10 h tame tbe Morteert . et a riot w
le, 1 erect easterly, parallel glib mid sewer an
lies. a distant of 216.44, feet
M the letarsecties vital a lies drewe Northerly. Parallel vith the fast lime
of slid !..theist were of tee Ssrthwest Quarter, tree the Wet et beds-
. steel ets Southerly aloes said "pellet liege a d/etmce of 50.02 teat to
II s . w .the plat of begtrleg. .
Subject to as easement for prbltvrlgM -oforo /M'Mses ever tbo most
• Southerly 33 feet thereof.
II s • •
•
/ARCH a
•
Cawseeclsl at a 1/4 best en the !petal's. of Settles 11. Tern lit. seals 23;
II thence rummies West 20 revs es said Saute Ile to a Met; theact North twig) reds to a post . which 1s tee startles 0� f the v ti described
( ibed pier I. •
lend; theta rwa /n% Vest parallel vita
' eel test to a pest, thence north it ?Split eagles with said last mestloned Ilse •
Six (1) reds to a pint, thence East parallel with first mentlespd lime S's (6)
rods and eleven (11) feet to a pest; teesce South Sig (5) reds to plea et
re$lsltt.S situate 1e St 1/4 al SW 1/4 of Secttes 12 Tea 116 Mete 23 cost
1 Costaleint 1/4 of an Acre sere of less.
EXCEPT the fellewiet described property: lemnenelag et tee teeth u,irter pest • .
of Ssctles helve (it) Township 116, Range 23; ponce renalst West M said Moth
110 treaty (21 reds; pence North• two (2) Mfg Waco West three reds sat
•
II alone* feet to a plat being tee place of issleS -•tree tMaCs West Parallel
with said ds the t bIos t three
a t t hreer ( 3 ; North right angles (0) isto last
111 (1) rods;
beglaeleg-- coetllllag 188 /160 acres.
hsarlptlM tees Carver Oeeay Recorders Oftla; Mot 112 Pogo 37. • .
•
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Maw C2
The legal description of the Phase 11 Property is u follows:
1
PARCEL A
►ARC L N0.
00gtnntng at a point in the South line of Slctiln 12. Township 116.
Range 23, 706.2 feet Vest of the Southeast corner of tee Southwest
Ovine? of said Section; thence West •tong said Section lent 150 feet
thence North at right angles 283 feet eiore or less to a south line of
SCNOLER'S 210 A001T1011 TO CNANNASSEN, according t0 tee recorded plat
thereof; thence East at right angles along the south line of tots 6 and
7, elect 3 of said SCNOLER'S 2110 A00171011 TO CNANNASSEN lea feet, sore
or less, to the west line of Lot 6 in mild Blocs 3, SCNOLER'S 2110
ADDITION TO CHANHASSEN: thence southerly along said west 11M of let 6 •
263 feet, more or less, to the point of beginning.
(ABSTRACT PROPERTY)
PARCEL N0. 2:
The North 85.00 feet of the East 2.00 feet of that part of Section 12.
Township 118, Range 23, Carver County, Minnesota, described as follows:
8egtnntng at a point in the South line of said Section 856.20 feet West
of the Southeast corner of the Southwest Quarter of said Section;
thence West along the Section line 230.00 feet; thence North at right
angles 263.00 feet pore or less to a south 11ne of SCMOLER'S 211
ADDITION TO CHANHASSEN, according to the recorded plat thereof; f; t ! nc
East at right angles along the south lino of L ots 3 4. and right
3 of said SCMOLER'S 211 ADDITION 234.00
angles 263.00 feet to the point of beginning.
(ABSTRACT PROPERTY)
PARCEL NO. 3: 1
TM North 70.00 feet of the South 273.00 fest of the West 7.00 feet of
the
ecti 12 Malt of 1 6 t h Range Quarter . Carver County,Minne (garter of
ta.
(ABSTRACT PROPERTY)
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The last I�lalf of feet of If the 7.00
Southwest Quarte
r ofSectlee
I 12. Township 111 North. lenge 23 Vest of the 5th ►rlaclpal Meridian.
described as fellows:
CeaeenciMM •t the southeast termer of said Southeast Quarter of
I the southwest Quarter; thence Westerly. •long the Swth line of
sate .0 fot; Northerl It iogis. • dlst•sce of
132.00 feet; thence Westerly at a right awgie, a distance of
110.00 feet to a point herein after referred to as Pelst ';
II A' thence Westerly. along the estens1M of the last described 1101, a
distance of 50.50 feet; thomee Southerly It a right ample. a
distance of 132.00 feet to the South 1101 of said Swtheest
Quarter of the Southwest Quarter; thence Westerly, along said
Seth 11ae a distance of 131.11 feet; thence Northerly, at a right
angle, a distance of 211.00 feet, to the point of beginning of the
land to be described; thence continuing Northerly, along the
**tens's. of the last described Isms, a distance of $11.10 feet;
II Mime Westerly, at a right an11c a distance of 131.11 feet to
the West 1101 of said East Nell of the southeast Quarter 11 the
Southwest Quarter; thence Northerly. Sleep said Hest 1101. e
distance of 134.51 feet t• the Southwest comer of N10NLMN0 PARK,
according to the -*carded •1St thereof; thence Easterly and
II Southeasterly, elIng the Southerly 1101 of said slat, to the
intersection with a 1101 drawn Northerly. parallel with the East
line of said Southeast Quarter of the Southwest Quarter, free the
above referenced Pilot •A•; thence Southerly along said parallel
I 1101, a distance of 107.30 feet, to the Istersscttea with a 11ee
drawn easterly from the pelnt of beginning end parallel .it% the
south 1101 of said Southeast Quarter of the Southwest Quarter.
thence westerly. along 414 parallel lime. • distance of 210.44
I fsst to the polmt of beginnlwg.
. 1:
' let E1p11 (0), Block Three (3), Schel•r's Second Oddities of
ChaaMssen, according to the asp or plat thereof se file or Of record
1m the office of the teglstrar of Title. 1m •a4 for Carver County.
Minnesota.
II (TOWNS P110►EUTt -CERT. 00. 5121)
.
I I PARCEL 5
That part of the East One-Malt of the Sewtheast Quarter of the Southwest
Quarter of Section 12, Township 110 North, Range 23 West of the Nth
I Principal Meridian described as follows:
Commencing at the southeast corner of said East One -Na1! of the
Southeast Quarter of the Southwest Quarter; thence on an assumed
II bearing North OS degrees 00 stout's 20 seconds Vest, along the south
line of said East One -Half of the Southeast Quarter of the Southwest
Quarter, a distance of 550.00 feet; thence North 1 degree 53 minutes 40
I seconds East a distance of 203.00 feet, to the point of beginning of
the lapd to be described; thence North 1 degree 53 minutes 40 seconds
East a distance of 13.00 feet; thence North OS degrees 00 Routes 20
seconds Vest a distance of 121.72 feet, to the oast lino of the west
I 7.00 feet of said East One -Half of the Southeast Quarter of the
Southwest Quarter; thence South $ degrees 34 amass 411 seconds East,
along said east line, a distance of 15.00 feet, to the lntersecties
vith a line bearing North 55 degrees 00 minutes 20 seconds Vest from
II the polat of beginning; thence South 55 degrees 00 smuts: 20 seconds
East a distance of 121.40 feet to the point of beginning.
II EXHIBIT C2 -
•
PARCEL C
• •1
That pert of the Southeast Quarter of the Southwest Quarter of Section 12.
Tewnshlp 111, Range 23, described as follows: Commencing at a point en the II . • South line of said *ties 12, 173.1 feet Hest of the South Quarter corner of • -
Section 12; thence North 133.0 feet to the actual pint of beginning; thence
East parallel with the South line of Section 12, 100.0 test; thence North at
.right eagles 70.0 feet; thence Vest parallel with the South lino of Settles 12.
100.0 feet; thence Soutb at right angles, 70.0 feet to the point of beginning.
Ceetalsing 0.10 acre, ore or less.
Description from Carver County Recorder's Office; Socuwent No. 77071.
•
.
PARCEL D
That part of the Southeast Quarter of the Southwest Quarter of Section
Township Sit, Range 23, described as follows:
Cemmencing at a point se the South line of said Section 12. 173.8 feet Vest of
the South Quarter corner of Section 12; thence North 33 feet to the actual point
of beginning; thence East parallel with the South line of Section 12, 107.00
Soot; thence North at right angles 100 feet; thence Vest parallel with the South
line of Section 12, 107.00 feet; thence South to the point of beginning.
Description from Carver County Recorders Office; Document No. 111141.
•
1
PARCEL N
1
That part of the East Malt of the Southeast Quarter of the Southwest
Quarter of Section 12, Township 110 North, Range 23 West of the Sth
Principal Meridian, Carver County, Minnesota, described as follos:
Cownencing at the Southeast corner of said Southeast Quarter of the
Southwest Quarter. thence Westerly, along the South tine of said
Southwest Quarter a distance of 150.00 feet to a point, said point
being the point of beginning of the tract of land to be described;
thence Northerly, at a right angle, a distance of 273.00 feet; thence
westerly, at a right angle, a distance of 131.11 feet, more or less, to
the West line of said East Half of said Southeast Quarter of the
Southwest Quarter; thence Southerly along the Vest line of said East
Half of the Southeast Quarter of the Southwest Quarter to the South
line of said Southwest Quarter; thence East ato0g said South line to
the point of beglaning.
EXCEPTING THEREFROM the following: • . ,
i
EXRIBIT C2 -3 '
P s . Ji.y_QuaI GlAw ..cs.+
. , r 6....... M hnnrr_a
°"""''"" EXHIBIT D
I . . ' No delinquent taxes and treader entered; Certificate
of Reel Estate Value ( ) filed ( ) not required
Certificate of Rawl Estate Value No.
1 ; .1,
I County Auditor
h. Deputy
I STATE DEED TAX DUE HEREON: _ 209.55
{ I Data: • 19 89 --' (reserved for recording data)
1 :k
FOR VALUABLE CONSIDERATION, THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF CHANHASSEN. MINNESOTA, a public body corporate and ooliticander the laws of
Minnesota , Grantor, hereby conveys and quitclaims to CHANHASSEN MEDICAL ARTS
I LIMITED PARTNERSHIP , C'�•
a limited partnership under the laws of Minnesota ,real property is
Carver County, Minnesota, described as follows:
See Exhibit A attached hereto
i
1 ,:
iv nan ono Is nadir continue on bier!
I ' •
` THE HOUSING AND REDEVELOPMENT AUTHORITY
,
together with all hereditaments and appurtenances belonging thereto.
Y
IN AND FOR THE f TTY OF CRANHARRF,N. i
MINNESOTA
Affix Deed Tax Stamp Here By
Its
By
Its
I STATE OF MINNESOTA
COUNTY OF
I by Tbe foregoing was acknowledged before me this day of • 1889
end , 11
the sad
of THE HOUSING A13D
mitsrnrvrt.nomENT AUTHORITY IN AND FOR THE CITY OF CHANHASSEN. MINNESOTA. a
I ror !
public body ronate— — politic under the laws of Minnesota. on behalf of
1 NOTAi STAMP OR UAL ins orsa TrTS,s Olt &AIM the public body.
eO$ATVaa Of MICR ?A ACDIOWLIOOttanT
Ye aM eo e VI Wig Ji his 1_Y aele�t errs
II
TOSS 041TILUIS OK wA$ DRAFT= PT OtAr1f AND AOOaie5);
j Dorsey A Whitney (JSC)
2200 First Bank Place East
1 Minneapolis, Minnesota 55402
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111
• EXHIBIT F I
1
ASSESSMENT PAYMENT AGREEMENT
CHANHASSEN HRA SPECIAL ASSESSMENT REDUCTION PROGRAM 1
THIS AGREEMENT, made on or as of the day of , 1989, 1
by and between The Housing and Redevelopment Authority in and for the City of
Chanhassen, a public body corporate and politic (the "HRA"), and Chanhassen
Medical Arts Limited Partnership, a Minnesota limited partnership (the
"Redeveloper"). I
WITNESSETH:
1
WHEREAS, the HRA was created pursuant to the Housing and
Redevelopment Authorities Act, Minn. Stat. Sections 469.001 through 469.047 (the 1
"Act "), and was authorized to transact business and exercise its powers by a I
resolution of the City Council of the City of Chanhassen (the "City "); and
WHEREAS, in furtherance of the objectives of the Act, the HRA has
1
undertaken a program for the clearance and reconstruction or rehabilitation of
blighted, deteriorated, deteriorating, vacant, unused, underused, or inappropriately 1
used areas of the City, and in this connection is engaged in carrying out a
redevelopment project known as the Chanhassen Downtown Redevelopment Project
(the "Project "), in an area (the "Project Area"), located in the City; and 1
WHEREAS, as of the date of this Agreement there has been prepared and
approved by the HRA and the City a redevelopment plan (the "Redevelopment I
Plan ") for the Project; and
WHEREAS, the Project Area has been established by the HRA and certified
by Carver county as a tax increment financing district pursuant to the Tax 1
Increment Financing Act, Minn. Stat. Sections 469.174 through 469.179 (the "TIF
Act "); and 1
1
1 WHEREAS, the major objectives of the Redevelopment Plan are to acquire
for rehabilitation economically or functionally obsolete or underutilized buildings
and land; provide a redevelopment site of a character that will encourage future
1 development of the area and improve sources of public revenue; eliminate blighting
influences which impede potential development within the aforementioned
redevelopment project; provide maximum opportunity for redevelopment by private
enterprise, consistent with the needs of the City as a whole; and encourage private
rehabilitation of structures within the redevelopment project; and
1 WHEREAS, in order to achieve the objectives of the Redevelopment Plan
and particularly to make the land in the Project Area available for redevelopment
by private enterprise for and in accordance with the uses specified in the
Redevelopment Plan, the HRA has determined to provide substantial aid and
assistance to the Project; and
1 WHEREAS, the HRA believes that the redevelopment of a portion of the
Project Area pursuant to this Agreement is in the vital and best interests of the
1 City and the health, safety, morals, and welfare of its residents, and in accordance
with the public purposes and provisions of the applicable state and local laws and
' requirements under which the Project has been undertaken and is being assisted;
1 and
WHEREAS, the HRA has concluded agreements for the redevelopment of
1 the various properties within the Project, including an agreement with the
Redeveloper for redevelopment of the Property (the "Contract for Private
' Development); and
1 WHEREAS, said agreements provide recourse for the HRA should such
redevelopment not be completed; and
1
1
2
1
WHEREAS, Section 469.177, subd. 8 of the TIF Act empowers the HRA to 1
enter into written assessment agreements with redevelopers of properties within
the Project Area; and
WHEREAS, the Redeveloper will construct certain improvements upon the 1
Property in accordance with the Contract for Private Development; and
WHEREAS, the HRA and the Redeveloper have pursuant to the Contract for 1
Private Development established a minimum market value for the Property and the
Improvements to be constructed thereon pursuant to Section 469.177, subd. 8 of the
TIF Act; and 1
WHEREAS, the HRA and the Carver county assessor have reviewed the
Construction Plans for the Improvements; and 1
WHEREAS, the Assessor, acting pursuant to Section 469.177, subd. 8, of the
TIF Act, has executed a Certification By Assessor as to the Property and the
Improvements to be constructed thereon. 1
NOW, THEREFORE, in consideration of the premises and the mutual
obligations of the parties hereto, each of them does hereby covenant and agree 1
with the other as follows:
ARTICLE I. DEFINITIONS.
Section 1.1 Definitions. In this Agreement, the following shall have the meanings
given unless a different meaning clearly appears from the context:
"Act" means the Housing and Redevelopment Authorities Act, Minnesota
Statutes Sections 469.001 through 469.047.
"HRA" means the Housing and Redevelopment Authority in and for the City
of Chanhassen.
"Agreement" means this Agreement, as the same may be from time to time
modified, amended, or supplemented. 1
1
1
3
1
"Assessment Agreement" means the agreement among the Redeveloper, the
HRA and the Carver county assessor relating to the minimum market value of the
' Property and the Improvements.
"Assessment Reduction Payments" means payments made by the HRA to
either the City or to the county auditor, as a credit against eligible assessments,
1 pursuant to Article III of this Agreement.
"Certification By Assessor" means the assessor's certification pursuant to
' Section 469.177, subd. 8 of the TIF Act, and Section 3.3 of this Agreement that he
or she has reviewed the Construction Plans for the Improvements and the Market
Value previously assigned to the Property, and that upon completion of said
Improvements the market value assigned to the Property shall not be less than a
' specified dollar amount stated therein, and that the Market Value of the Property
as of the date of execution of such certification is a specified dollar amount stated
therein.
"City" means the City of Chanhassen.
' "Construction Plans" means project plans as defined in the Contract for
Private Development between the HRA and the Redeveloper.
"County" means the County of Carver.
"Date of Execution" means the date on which the Redeveloper signs this
Agreement or the date on which the HRA signs this Agreement, whichever is later.
"Eligible Assessments" means those special assessments pending, levied, or
otherwise for Chanhassen public improvement projects 86 -11 and 87 -17.
•
1 "Event of Default" means an action by the Redeveloper listed in Article IV
of this Agreement.
"Improvements" means the building to be constructed by the Redeveloper on
the Property and defined in the Contract for Private Development.
' "Market Value" or "Market Valuation" means the estimated fair market .
value of the Property as determined by the assessor in accordance with Minnesota
Statutes Section 273.11, or as finally adjusted by any assessor, board of
1 equalization, commissioner of revenue, or any court.
"Minimum Market Value" means Market Value established pursuant to the
' Assessment Agreement. _
"Plan" means the Chanhassen Downtown Redevelopment Plan as most
recently amended.
1 "Project" means the Chanhassen Downtown Redevelopment Project as
described in the "Chanhassen Downtown Redevelopment Plan.
1 "Project Area" means the real property located within the boundaries of the
entire redevelopment district as described in the Chanhassen Downtown
Redevelopment Plan, as most recently amended.
4
"Property" means the real property which is more particularly described in
Exhibit "A" attached hereto and made a part hereof.
"Real Estate Taxes" means ad valorem taxes on real property pursuant to 1
Chapter 273 of Minnesota Statutes and not including any special assessments levied
pursuant to Chapter 429 of Minnesota Statutes.
"Redeveloper" means Chanhassen Medical Arts Limited Partnership, a
Minnesota limited partnership consisting of Thies & Tal le Enterprises, Inc., a
Minnesota corporation, Robert R. Copeland and Raymond O. Mithum, Jr., as
general partners, or its successors and assigns.
"State" means the State of Minnesota. 1
"Substantial Completion" means sufficiently complete, in accordance with
the Construction Plans for the Improvements, so that the Redeveloper (or its
successors and assigns) may occupy the work for the use for which the
Improvements are intended. If the Improvements are to be occupied by one or
more tenants rather than the Redeveloper and no leases have been entered into
with any tenants that would serve as the basis for constructing and installing
interior improvements in the Improvements, then "Substantial Completion" shall
mean that the structure, common building systems and utilities are substantially
complete so that a Certificate of Occupancy may be obtained by Redeveloper upon
completion of the construction and installation of normal and customary interior
improvements for the benefit of tenants occupying space in the Improvements.
"Tax Capacity" means the value of real property as determined by the 1
assessor in accordance with Minnesota Statutes Section 273.13 (or as finally
adjusted by any assessor, board of equalization, commissioner of revenue, or any
court) against which the real property tax is imposed. 1
"Tax Official" means any City or county assessor, county auditor, City,
county, or state board of equalization, the commissioner of revenue of the state, or
any state or federal district court, the tax court of the State, or the state supreme
court.
"TIF Act" means the Tax Increment Financing Act, Minnesota Statutes 1
Sections 469.174 through 469.179.
ARTICLE II. REPRESENTATIONS AND WARRANTIES.
Section 2.1 Representation by the HRA. The HRA makes the following
representations as the basis for the undertaking on its part herein contained:
(a) The HRA is a housing and redevelopment authority duly organized
and existing pursuant to the Act.
(b) The Project is a "redevelopment project" within the meaning of the
Act and was created, adopted and approved in accordance with the terms of
the Act.
1
5
1 (e) The Project is a tax increment district created and approved pursuant
to the TIF Act.
(d) The activities of the HRA are undertaken for the purpose of
removing, preventing or 'reducing blight, blighting factors, or the causes of
blight, and for the purposes of eliminating or preventing the development or
spread of deteriorated or deteriorating areas.
Section 2.2 Representation and Warranties by the Redeveloper.
1 The Redeveloper represents and warrants that:
(a) The Redeveloper is a limited partnership duly organized and in good
' standing under the laws of the state of Minnesota, is not in violation of any
provisions of its partnership agreement, has power to enter into this
Agreement and has duly authorized the execution, delivery and performance
' of this Agreement by proper action.
(b) The Redeveloper will construct the Improvements in accordance with
the terms of the Contract for Private Development, the Plan and all local,
state and federal laws and regulations, as such laws and regulations are
enacted and enforced during the period the improvements are being
constructed, and substantially in accordance with the Construction Plans
1 which have been approved by the HRA.
(c) The Improvements constitute a permitted use under the zoning
1 ordinance of the City.
(d) That at such time or times as may be required by law, the
' Redeveloper will have complied with all known applicable local, state and
federal environmental laws and regulations, will have obtained any and all
known applicable environmental reviews, licenses or clearances as to the
Property, and that Redeveloper has, at the date hereof, received no notice
' or communication from any local, state or federal official that the
activities of the Redeveloper are in violation of the law or regulation. The
Redeveloper is aware of no facts, the existence of which could cause it to
' be in violation of any local, state or federal environmental law, regulation
or review procedure or which would give any person a valid claim under
state environmental rights statutes.
' (e) The Redeveloper will use all reasonable efforts to construct the
Improvements in accordance with all existing local, state or federal energy -
conservation laws or regulations. The Improvements shall be completed on
or before December 31, 1990.
(f) The Redeveloper will seek to obtain, in a timely manner, all required
' permits, licenses and approvals, and will seek to meet, in a timely manner,
all requirements of all local, state and federal laws and regulations which
must be obtained or met before the improvements may be lawfully
constructed.
6
(g) The real estate taxes and any installments of special assessments 1
levied against the Redevelopment Property are not in default and future
real estate taxes will be paid when due.
I
ARTICLE III. ASSESSMENT REDUCTION PAYMENTS.
Section 3.1 Obligation of HRA to Make Assessment Reduction Payments. ii
Upon completion of the Improvements by the Redeveloper, the HRA, from
the tax increment generated by the Project, shall make payments in the manner I
and in the amount provided hereinafter in reduction of the Eligible Assessments
which have been or will be imposed on the Property.
The HRA, at its option, may satisfy its obligations to make assessment 1
reduction payments under this Agreement by either making one lump sum payment
or by making a series of semi - annual payments as individual installments of Eligible
Assessments become due and owing to the City. In the event that the HRA elects
I
to make said assessment reduction payments in the form of a series of semi - annual
payments as individual installments of Eligible Assessments become due and owing
to the City, the HRA shall also pay the interest imposed thereon by the City, but
I
only that portion of such interest which is attributable to that portion of any such
installment which the HRA is obligated to pay under this Agreement. Any such
payments of interest shall not be a credit against the amount of any assessment I
reduction payment which the HRA is obligated to make under this Agreement.
In the case of Eligible Assessments which have then already been certified
to the county auditor for collection with real estate taxes, said assessment
reduction payments, together with any interest which the HRA is obligated to pay
under this Section 3.1, shall be made directly to the auditor in full or partial
satisfaction, as the case may be, of said Eligible Assessments.
1
In the case of Eligible Assessments which have not then been certified to
the county auditor for collection with real estate taxes, said assessment reduction I
payments, together with any interest which the HRA is obligated to pay under this
Section 3.1, shall be made to the City treasurer in full or partial satisfaction, as
the case may be, of said Eligible Assessments.
In the case of Eligible Assessments which have been paid by the Redeveloper I
subsequent to the date of execution of this Agreement, said assessment reduction
payments, together with any interest which the HRA is obligated to pay under this
I
Section 3.1, shall be made directly to the Redeveloper or its designated successors
and assigns.
Section 3.2 Amount of Assessment Reduction Payment.
1
The amount of any assessment reduction payment made pursuant to this
Agreement shall not exceed ;250,000 dollars and shall be computed as the lesser of
I
the following amounts:
(a) the sum of the unpaid principal balance of the Eligible Assessments
imposed on the Property, together with accrued interest thereon; or
1
7
1
1
1 (b) the amount equalling three full years of captured increment based
upon full valuation u a completed structure generated as a result of the
issuance of a building permit which can rationally be shown as the impetus
' which generated the captured increment. Captured increment shall only
apply to the parcel which generated such increment, except, if for
assessment purposes, the county assessor has treated the complex overlaying
a group of parcels as a single unit. In such cases, the captured value for the
complex as a whole may be applied to, and only to, the parcels overlayed in
the complex.
1 Section 3.3 Construction and Value of Minimum Improvements.
The Redeveloper agrees to construct or cause to be constructed upon the
1 Property the Improvements described in the attached Exhibit "B ", in accordance
with the Contract for Private Development.
ARTICLE IV. EVENTS OF DEFAULT.
' Section 4.1. Events of Default Defined.
The following shall be Events of Default under this Agreement and the term
Event of Default shall mean, whenever it is used in this Agreement (unless the
' context otherwise provides), any one or more of the following events (and the term
"default" shall mean any event which would with the passage of time or giving of
notice, or both, be an Event of Default hereunder):
(a) Failure of Redeveloper to pay when due any real estate taxes on the
Property.
(b) Failure of the Redeveloper to complete the Improvements on or
before the date stated in the Contract for Private Development.
1 (c) Failure by the Redeveloper to observe and perform any covenant,
condition, or obligation on its part to be observed or performed hereunder,
within thirty (30) days after written notice to the Redeveloper specifying
' such failure and requesting that it be remedied (or with such other period as
otherwise expressly provided in this Agreement); or if the failure is by its
nature incurable within such thirty (30) days, failure by the Redeveloper to
' furnish to the HRA satisfactory assurances that the Redeveloper can and
will cure such failure or failures within a reasonable time.
(d) If the Redeveloper shall admit in writing its inability to pay its debts
1 generally as they become due, or shall file a petition in bankruptcy or shall
make an assignment for the benefit of its creditors, or shall consent to the
appointment of a receiver of itself or of the whole or any substantial part of
1 the Redevelopment Property.
(e) If the Redevelopment shall file a petition or answer seeking
reorganization or arrangement under the federal bankruptcy laws.
1
8
(f) If the Redeveloper, on a petition in bankruptcy filed against it, be
adjudicated a bankrupt, or a court of competent jurisdiction shall enter an
order or decree appointing, without the consent of the Redeveloper, a
receiver of the Redeveloper or of the whole or substantially all of its
property, or approve a petition filed against the Redeveloper seeking
reorganization or arrangement of the Redeveloper under the federal
bankruptcy laws, and such adjudication, order or decree shall not be vacated
or set aside or stayed within sixth (60) days from the date of entry thereof.
Section 4.2 Remedies on Default. ,
Whenever any Event of Default referred to in Section 4.1 of this Agreement
occurs, the HRA may make any one or more of the following actions: ,
(a) Cancel and rescind this Agreement;
(b) Cancel any pending Assessment Reduction Payments due under the
terms of this Agreement, causing a forfeiture of such payments in favor of
the HRA; or
(e) Take whatever action at law or in equity may appear necessary or
desirable to the HRA to collect from the Redeveloper full reimbursement
for any Assessment Reduction Payments previously made pursuant to this
Agree ment.
Notwithstanding the prior provisions of this Section 4.2, it is agreed that the
HRA shall not be entitled to withhold a Certificate of Occupancy in the event that '
the HRA elects to cancel and rescind this Agreement under clause (a), or
Redeveloper reimburses the HRA for any Assessment Reduction Payments made by
the HRA prior to the occurrence of such Event of Default, together with any
reasonable expenses incurred by the HRA in enforcing the provisions of this
Agreement, or Redeveloper cures any Event of Default to the satisfaction of the
HRA and the parties are restored to their former positions under the provisions of
this Agreement.
Section 4.3 No Remedy Exclusive.
No remedy herein conferred upon or reserved to the HRA is intended to be
exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at Iaw or in equity or by
statutes. No delay or omission to exercise any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as
often as may be deemed expedient. In order to entitle the HRA to exercise any
remedy reserved to it, it shall not be necessary to give notice.
Section 4.4 No Additional Waiver Implied by One Waiver.
In the event any agreement contained in this Agreement should be breached
by either party and thereafter waived by the other party, such waiver shall be
limited to the particular breach so waived and shall not be deemed to waive any
other concurrent, previous or subsequent breach hereunder. 1
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1 ARTICLE V. ADDITIONAL PROVISIONS.
Section 5.1 Conflict of Interest; HRA Representatives Not Individually Liable.
1 No member, official or employee of the HRA shall have any personal
interest, direct or indirect, in the Agreement, nor shall any such member, official,
I or employee participate in any decision relating to this Agreement which affects
his personal interests or the interests of any corporation, partnership, or
association in which he or she is directly or indirectly interested. No member,
official, or employee of the HRA shall be personally liable to the Redeveloper or
I any successor in interest, in the event of any default or breach by the HRA or for
any Assessment Reduction Payment which may become due under the terms of this
Agreement.
1 Section 5.2 Duty of HRA to Act Reasonably.
•
I Wherever this Agreement requires the HRA to approve any action of the
Redeveloper, it is understood and agreed that the HRA will not unreasonably
withhold or delay such approval.
1 Section 5.3 Titles of Articles and Sections
Any titles of the several parts, articles, and sections of this Agreement are
I inserted for convenience of reference only and shall be disregarded in construing or
interpreting any of its provisions.
I Section 5.4 Notices and Demands.
Except as otherwise expressly provided in this Agreement, a notice, demand,
or other communication under this Agreement by either party to the other shall be
I sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally and
I (a) as to the HRA Executive Director
690 Coulter Drive
Chanhassen, MN 55317
1 (b) as to the Redeveloper Chanhassen Medical Arts Limited
Partnership
c/o Thies & Tale Enterprises, Inc.
1 7101 York Ave., S.
Edina, MN 55437
I or at such other address with respect to either such party as that party may, from
time to time, designate in writing and forward to the other as provided in this
section.
1 Section 5.5 Counterparts.
This Agreement is executed in any number of counterparts, each of which
1 shall constitute one and the same instrument.
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1.
Section 5.6 Covenants Running With Land. 1
The recording or filing of this Agreement with the county recorder or
county registrar of titles shall constitute notice of this Agreement to any
subsequent purchaser or encumbrancer of the Property, or any part thereof,
whether voluntary or involuntary, and shall be binding upon them. The Redeveloper
agrees to supply the applicable owner's duplicate certificate of title, if any, so as
to permit the recording of a copy of this Agreement in the office of the Carver
county recorder. It is intended and agreed that the covenants and agreements set
forth in Section 3.3 of this Agreement shall be covenants running with the land and
that they shall, in any event, and without regard to technical classification or
designation, legal or otherwise, be binding to the fullest extent permitted by law
and equity, for the benefit and in favor of, and enforceable by the HRA, its
successors and assigns. In the event that any transferee or assignee of the
Redeveloper (including without limitation any mortgagee taking possession of or
title to the Property as a result of any default in the terms of any mortgage to
which the Property is now subject or may be subject in the future) breaches any
one of the covenants and agreements set forth in said Section 3.3, the HRA may
treat such breach as an Event of Default as provided in Article IV of this
Agreement and may exercise any one or more of the remedies set forth in Section
4.2 of this Agreement.
Section 5.7 Limitation of Liability.
The Redeveloper and its successors in fee title ownership of the Property
shall be responsible for performing and observing the covenants and agreements set
forth in this Agreement only during the time that the Redeveloper or a successor is
the fee title owner of the Property. In the event fee title to the Property is
conveyed to a successor in interest, the grantee shall be automatically responsible
for performing and observing the covenants and agreements herein contained and
then the grantor shall be automatically freed and relieved from and after the date
of such conveyance of all obligation and liability in connection with the
performance and observance of such covenants and agreements.
Section 5.8 Discharge from Land Records.
The HRA agrees promptly upon request by Redeveloper or its successors and
assigns, after the expiration or termination of this Agreement and the satisfaction
of the covenants and agreements contained herein required to be performed by
Redeveloper, to execute a termination agreement or other similar document in
recordable form that shall serve to release and discharge the provisions of the
Agreement as a lien or encumbrance of the Property from the records of the office
of the county recorder or registrar of titles of Carver county, Minnesota.
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1 IN WITNESS WHEREOF, the HRA has caused this Agreement to be duly
executed in its name and behalf and its seal to be hereunto duly affixed, and the
Redeveloper has caused this Agreement to be duly executed in its name and behalf
I and its corporate seal to be hereunto duly affixed, on or as of the date first above
written.
I THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
CHANHASSEN
1 BY:
Clifford Whitehill, Chairman
1
By:
1 Don Ashworth, Executive Director
CHANHASSEN MEDICAL ARTS LIMITED
1 PARTNERSHIP
1 By:
Its
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By:
I Its
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STATE OF MINNESOTA ) 1
)ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of 1
, 198_, by Clifford Whitehill, Chairman, and by Don Ashworth,
Executive Director of the Housing and Redevelopment Authority of the City of I
Chanhassen, Minnesota.
Notary Public 1
1
STATE OF MINNESOTA ) 1
)ss
COUNTY OF ) 1
The foregoing instrument was acknowledged before me this day of
, 19 , by the
of Thies & Talle Enterprises, Inc., general partner of Chanhassen Medical Arts 1
Limited Partnership, a Minnesota limited partnership, on behalf of the partnership.
1
Notary Public 1
CH130 -014
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EXHIBIT c
The plat is the preliminary plat of Medical Arts Addition prepared by BRW
and most recently revised on September 8, 1989.
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EXHIBIT H 1
ASSESSMENT AGREEMENT
AND
CERTIFICATION OF ASSESSOR 1
THIS AGREEMENT, made and entered into this day of •
1989, by and between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND
FOR THE CITY OF CHANHASSEN, MINNESOTA, a Minnesota public body 1
corporate and politic (HRA) and CHANHASSEN MEDICAL ARTS LIMITED
PARTNERSHIP, a Minnesota limited partnership (Developer); 1
WITNESSETH;
WHEREAS, the parties have entered into a Contract for Private
Development (Development Contract), dated , 1989, regarding the 1
Development of certain real property located in the City of Chanhassen, legally
described in Exhibit A hereto; and '
. WHEREAS, it is contemplated that pursuant to said Development Contract 1
the Developer will construct certain Improvements as described in such
Development Contract; and '
WHEREAS, the HRA and the Developer desire to establish minimum market
values for the Improvements to be constructed thereon, pursuant to Minnesota 1
Statutes Section 469.177, Subdivision 8, a copy of which is attached hereto as
Exhibit B; and
WHEREAS, the HRA and the Carver County Assessor for the City of 1
Chanhassen have reviewed the preliminary plans and specifications for the
Improvements which it is contemplated will be erected.
NOW, THEREFORE, the parties do hereby agree as follows: 1
1. On January 2, 1991, and thereafter during the entire term of this
Agreement, the minimum market value which shall be assessed for the land ,
described in Exhibit A and the Improvements constructed thereon shall be
51,450,000.
2. Nothing in this Agreement shall limit the discretion of the County
Assessor or any other public official or body having the duty to determine the
market value of the Property for ad valorem tax purposes, to assign to the land
described in Exhibit A and the Improvements to be built thereon, market value in
excess of the minimum market value specified in this Agreement.
3. Neither the preambles nor the provisions of this Agreement are
intended nor shall they be construed as modifying the terms of the Development
Contract.
4. This Agreement shall remain in effect and inure to the benefit and be
binding upon the successors and assigns of the parties until December 31, 1996.
5. As provided in Minnesota Statutes, Section 469.177, Subdivision 8,
nothing contained herein shall be deemed to limit the right of the Developer to
' challenge that part of any valuation on the market value which is in excess of the
1 stipulated minimum market value contained in this Agreement.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
CHANHASSEN, MINNESOTA
BY
Its Executive Director
1 By
Its Chairperson
CHANHASSEN MEDICAL ARTS LIMITED
PARTNERSHIP
By
Its
1
By
I Its
CH130 -014
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STATE OF MINNESOTA )
) ss 1 COUNTY OF ) ,
The foregoing instrument was acknowledged before me this day of 1
, 1989, by and , the Chairperson
and Executive Director of The Housing and Redevelopment Authority in and for the 1
City of Chanhassen, a public body politic and corporate, under the laws of the state 1
of Minnesota, on behalf of the HRA.
1
Notary Public
I
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STATE OF MINNESOTA )
) ss
1
COUNTY OF )
The foregoing instrument was acknowledged before me this day of 1
, 1989, by and , general partners of 1
Chanhassen Medical Arts Limited Partnership, a Minnesota limited partnership, on
behalf of the partnership. 1
1
Notary Public
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1 CERTIFICATION BY ASSESSOR
1 The undersigned assessor, being legally responsible for the assessment of the
I above- described property upon completion of the improvements to be constructed
thereon, hereby certifies that the market value assigned to the land and
improvements upon completion shall not be less than $1,450,000.
1
Assessor
I Carver County, Minnesota
1 STATE OF MINNESOTA )
) ss
I COUNTY OF )
1 The foregoing instrument was acknowledged before me this day of
, 1989, by , the Assessor for Carver County, Minnesota.
1
1 Notary Public
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EXHIBIT A to 1
Assessment
Agreement 1
PROPERTY DESCRIPTION 1
. PARCEL E
Commencing at ton SeetMast termer of the S•stAwest Quarter of Section 12. 1
Township 111, Range 2S; thence running Vest M the Smith line of ,said
. Section 12, S10 feet to a Wet thence North 2 reds to a petat, 010 is
the pint of beginning of the land to M hereto described: Thence running
Perth on the last described line a distance of 170 feet to a pint; thence 1
turning a right angle and running lest a distance Of 23.1 feet to a petit;
thenCe teeing a right angle and roiling South a distance of 70 feet te a
point; thence terming a right angle and riming east a distance of 7 feet
te a point; thence timing a right angle and rvnoing South a dlstante of
II
1 t the point f eeeeatpelot; thencee a right angle and rennin, East 11.1
pAat2:L i i
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TMt le: r 12, Tovnship last t $felt
Mrth, Ranee 2 ; Vest of Sth Prisclpal Southwest
lls Quarter of
Sett 12, II
described as fellows:
• Cesssoncing at the Southeast corner of said Southeast Quarter of the
Sat/west Quarter; thsacs testSriy, glen, the South 1100 of said Southeast II
• Sorter of the Southwest Quarter, a distant of 170.00 test; theses Northerly, et a right angle, a distance f 122.00 feet: thence Westerly et 5
. right angle, a dtsta0c5 of 100.00 feet t1 the point of begiantng of the IoM
to M described; thence Westerly, along the astoasi•. of ton last described II
• floe, a 411tamcs of 00.10 feet; theme Southerly at a right angle, a .
distance of 132.00 hot to ton loath line of said Southeast Smarter of the
• Southwest Smarter: thence Westerly, sling said Ssaat% i10• a distance of
11!.00 foot; thence Northerly, •t a debt angle, a d /staacs of 210.00 feet,
post/ easterly, parallel ebb said smith lies. a distaste of 210.44, feet
II
• to the fl
taters•ctIss with a ea drown Northerly, parallel vith ton fast Has
of Mid Southeast Sorter of the Southwest Sorter, free the p•tmt of bgie-
. u1ag; theme Southerly ales, said parallel Ites, a distance of 01.02 tat to
s • .abs paint of be,imMta,. 1
• Subject to em •asa■ent for pu11ic vii t- ofrwey presses over the most ' - !motherly 33 feet thereof.
1. - •
- II PARCEL t
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• • Commencing et a 114 pest •n ton Swthlinl of Section 12, Tow 110. sang, 22;
thence running West 20 rods •m said Seoul 1105 to a post: theft, North two (2) II
roes to a hest, Match is ton starting point of the vithls described PIMc• • .
land; thence moil' Vest parallel vith said Suttee Iles Sts (0) rods 500 •Ie.
Na het to 1 post. thence North et right eagles vith soid last mentioned 1i. • 1
Si: (d) rigs t• a point, tonne East parallel with first eenti•a•d lime S1s (0)
reds ant /levee (11) feet to a past; thence South Sit (1) reds to Ogee of .
b•giafih, situate la SE 114 et SO 114 of Settles 12 Teem 110 Range 23 and
Camteleiag 100 of ea Acre more of less. 1 II
Mtn the relives, describe r•p
psrty:.ComentIag at ton soot% quarter past • .
of Settles Twelve (12) Township 110, Range 22; thence month, Vest •e sa1d South
• line pasty (2f reds; pence North• we (2) reel; thence Vast three reds amt •
elevee feet to a palat 111th, ton place of kilning these Vest parallel . II
eds
vtth said Sseth 1100 three (3) reds; thence forth at right 0 t its to last It •t
111 (1) revs; thence East throe (3) r; thence South sin p • .
be$tnftal-- cootaloto, 141/140 acres.
i 0•scrIptIM from Carver Sooty 'Wears Office; Seek 171 Page 17. 1
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1 EXHIBIT B to
Assessment
Agreement
MINNESOTA STATUTES, SECTION 469.177, SUBDIVISION 8
Subd. 8. Assessment agreements. An authority say, upon
II entering into a development or redevelopment agreement pursuant
to section 469.176, subdivision 5, enter into a written
assessment agreement in recordable fora with the developer or
U redeveloper of property within the tax increment financing
district which establishes a minimum market value of the land and
completed improvements to be constructed thereon until a
II specified termination date, which date shall be not later than
the date upon which tax increment will no longer be remitted to
the authority•pursuant to section 469.176, subdivision 1. The
assessment agreement shall be presented to the county assessor,
I or city assessor having the powers of the county assessor. of the
jurisdiction in which the tax increment financing district is
located. The assessor shall review the plans and specifications
for the improvements to be constructed, review the market value
II previously assigned to the land upon which the improvements are
to be constructed and, so long as the minimum market value
contained in the assessment agreement appears, in the judgment of
the assessor, to be a reasonable estimate, shall execute the
following certification upon the agreement:
II The undersigned assessor, being legally responsible for
the assessment of the above described property upon
completion of the improvements to be constructed
thereon, hereby certifies that the market value -
I assigned to the land and improvements upon completion
shall not be less than $ •
II .
Upon transfer of title of the land to be developed or redeveloped
from the authority to the developer or redeveloper, the
assessment agreement, together with a copy of this subdivision,
I shall be filed for record and recorded in the office of the
county recorder or filed in the office of the registrar of titles
of the county where the real estate or any part thereof is
II situated. Upon completion of the improvements by the developer
or redeveloper. the assessor shall value the property pursuant to
section 273.11, except that the market value assigned thereto
shall not be leas than the minimum market value contained in the
II assessment agreement. Nothing herein shall limit the discretion
of the assessor to assign a market value to the property in
excess of the minimum market value contained in the assessment
II agreement nor prohibit the developer or redeveloper from seeking,
through the exercise of administrative and legal remedies, a
reduction in market value for property tax purposes; provided,
II however, that the developer or redeveloper shall not seek, nor
II
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shall the city assessor, the county assessor, the county auditor, ,
any board of review, any board of equalisation, the commissioner
of revenue, or any court of this state grant a reduction of the
market value below the •inimu• market value contained in the
assessment agreement during the term of the agreement filed of
record regardless of actual market values which may result from
incomplete construction of improvements, destruction, or
diminution by any cause, insured or uninsured, except in the case
of acquisition or reacquisition of the property by a public
entity. Recording or filing of an assessment agreement complying
with the terms of this subdivision shall constitute notice of the
agreement to any subsequent purchaser or encumbrances of the land
or any part thereof, whether voluntary or involuntary, and shall
be binding upon them.
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EXHIBIT I
1 Reference is made to that certain Declaration of Easements,
Covenants and Restrictions dated October 3, 1989, executed by
the City of Chanhassen, Minnesota and the Housing and
Redevelopment Authority in and for the City of Chanhassen,
Minnesota, and filed and recorded on , 1989 as
' Document Nos. (Torrens) and (Abstract).
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Minnegasco*
A Division of Arkla, Inc.
August 14, 1992 RECEIVED
Atli 1 7 1992
CITY Ur t.,nrwint-‘t 111
Ms. Sharmin Al -Jaff
Planner I
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Re: 88 -17 Site Plan Review
Phase II, Chanhassen Retail /Office Center
West 78th Street 1
Dear Ms. Al -Jaff:
Enclosed are the prints for this project. Also enclosed are P
P rints of portions our section
maps showing our gas mains in the area shown. Individual services are also shown. Natural
gas service is available to this property from the main shown subject to the rules and
regulations in force at the time of application. No addition gas main installations are
anticipated at this time.
Minnegasco has no objections this proposal.
g � s to th s p oposal. Should you have any questions please contact
me or the Sales Department.
Sincerely,
/.
Richard J. Pilon, P.E.
Senior Administration Engineer
Engineering Services
612 - 342 -5426
1
pc: Mary Palkovich
Al Swintek 1
1
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700 West Linden Avenue
P.O. Box 1165
Minneapolis, MN 55440
1
• r-ii . ra •.: 1,7 . ' - --CI_ -___Z \'' 4 .
J 1 NOTICE OF PUBLIC HEARING _. - ; i a J \ - j)I
. _
PLANNING COMMISSION MEETING ,sr. riigir: � -
1 Wednesday, September 2, 1992 _ r ; ` ; . - c� -
tu0 w7 � � i l
7:30 P.M. W � `�' `� ..c. �' � i ?
City Hall Council Chambers WI '�
,Ar 690 Coulter Drive "
1 11111111.-
1 Project: Chanhassen Professional im r/ /� 0„, ,
Building - Phase II
1 Developer: Copeland - Mithun, Inc. WIll lir ____ - s
, .cr. -- ' o
.. -T \ a
1 Location: 480 West 78th Street I ' d • ,
W pr t � �1
���'� _ AKE .y .s,Y�d
1
I Notice: You are invited to attend a public hearing about a development proposed in
your area. The developer is proposing Phase II, a 10,600 square foot addition to the
Chanhassen Professional Building. The property is zoned CBD, Central Business District.
I What Happens at the Meeting: The purpose of this public hearing is to inform
you about the developer's request and to obtain input from the neighborhood about this
I project. During the meeting, the Planning Commission Chair will lead the public hearing
through the following steps:
1 1. Staff will give an over view of the proposed project.
2. The Developer will present plans on the project.
I 3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project. The
Commission will then make a recommendation to the City Council.
1 Questions or Comments: If you want to see the plans before the meeting, please
stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you
I wish to talk to someone about this project, please contact Sharmin at 937 -1900. If you
choose to submit written comments, it is helpful to have one copy to the Planning Department
in advance of the meeting. Staff will provide copies to the Commission.
I Notice of this public hearing has been published in the Chanhassen Villager on August 20,
1992.
1 /
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DUANE GOETZE PAUL ROJINA HERITAGE PAR!
7615 IROQUOIS 220 WEST 77TH STREET APARTMENTS
CHANHASSEN MN 55317 CHANHASSEN MN 55317 425 CHAN VIEW
I
CHANHASSEN MN 55317
4. ST HUBERTS CHURCH ALTON KLEMEK JR MICHAEL WALSH 1
-7707 GREAT PLAINS BLVD 7604 KIOWA 512 W 76TH ST
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1
ELAIN BJORNSON DENIS SCHMIEG JAMES GUNVILLE
I
7603 LAREDO 7610 KIOWA 7608 KIOWA
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1
JOHN KREGER GEORGE HASSMAN ANTHONY & P PIERI
7606 KIOWA 7615 LAREDO 7607 LAREDO 1
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1
CHARLES LITTFIN KENNETH THYSSE FRANK KOHNMAN
7609 LAREDO 7613 LAREDO 7615 KIOWA
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
RALPH FUHRMAN IVAN PAYNE MARK LI'n FIN SR 1
7614 KIOWA 7612 KIOWA 7609 KIOWA
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
I
BETTY MANTEUFFEL DALE SUITER STEPHEN TERSTEEG 1
7611 KIOWA 7613 KIOWA 7603 KIOWA
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1
RAYMOND PEITZ KEN HALL JOHN HARDEL I
7607 KIOWA 501 W 76TH STREET 7607 IROQUOIS
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1
KEN LINDEMANN MARTIN RICKER ADELINE SKLUZUCEK
7608 IROQUOIS 7608 HURON 410 W 76TH ST 1
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1
GEORGE BENIEK JEFF SLATER RONALD ENRIGHT
412 W 76TH STREET 7613 HURON 7610 GREAT PLAINS BLVD 1
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1
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ROBERT WELLIVER DONALD SCHMIEG THOMAS SHEAR
7611 HURON 7703 ERIE AVE 7721 FRONTIER TR
1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1 ARNE IVERSON RON ENRIGHT COUNTRY CLEAN
223 CHAN VIEW 410 CHAN VIEW 7720 GREAT PLAINS BLVD '
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
I DONALD SCHMIEG THOMAS PAULEY NORBERT JACQUES
200 W 77TH STREET 7604 ERIE AVE 308 CHAN VIEW
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
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