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Ltr to Staubach Capital 6-6-05 June 6, 2005 CITY OF CHANHASSEN Administration Phone: 952.227.1100 Fax: 952.227.1110 Staubach Capital Partners Attn: Scott Giese 8333 Douglas, Suite 1500 Dallas, TX 75225 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Re: CVS Zoning Verification Lot 2, Block 1, Galpin Business Park (The "Property") Dear SirIMadam: Engineering Phone: 952.227.1160 Fax: 952.227.1170 This office has been requested by Staubach Capital Partners to confirm certain facts and circumstances concerning the current zoning and land use status of the above referenced property. In furtherance of that request, we hereby confirm and advise you as follows, to wit: Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 1. The above referenced Property is located within the corporate limits of the City of Chanhassen, Carver County, Minnesota. Accordingly, the building and otherimprovements comprising the Property are underthejurisdiction and are required to comply with the buildingcodes,ordinances and regulations ofthe City of Chanhassen, Carver County, Minnesota. Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 2. The Property currently is located ina district with a zoning classification of Planned Unit Development, POO, and a comprehensive plan designation of commercial. The zoning classification is consistent with the comprehensive plan designation. (The Galpin Business Park Design Standards are attached. ) Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 3. There is a City site plan agreement obligation or condition currently affecting tl1èproperty0Theimprovements to Property were approved on July 12, 2ºü4,bytheChanhassen City Council (Site Plan Planning Case #04-21), planspreparedtJ:y Anderson Engineering of Minnesota,LL(;,dated May 5, 2004, revised5-13-04, 5-2Ö-04 and 6-24-04, with a 38-foot variance from the parking setback requirement and a variance topermittwo rows of parking between the building and the road Senior Center Phone 952.227.1125 Fax: 952.227.1110 Web Site WIVW.cLchanhassen. mn.us 4. The Property, and the developer, must comply with all terms and conditions contained in the Site Plan Agreement #04-21, copy attached. SCANNED The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses. winding trails, and beautiful parks. A great place to live, work, and play. Staubach Capital Partners June 6, 2005 Page 2 5. All appropriate and required building permit approvals have been provided in order to construct the improvements to the Property. Our review of the records of this office with respect to the Project reveals that there are no current active violations of any Building Codes or regulations applicable to the development, and no past violations of the same which remain uncured at this time. 6. The use of the Project for a commercial retail use (CVSIPharmacy) is a permitted use under the aforesaid zoning classification and is consistent with the aforesaid comprehensive plan designation. 7. The property use, as described above, complies with the above stated current zoning classification and all current zoning requirements and regulations applicable thereto, including parking requirements, and also complies with the above stated comprehensive plan designation and all requirements applicable thereto. 8. The Property complies with the subdivision ordinances affecting it and can be conveyed without the filing of a plat or replat of the Property. 9. The Property is located in Flood Zones C, Community Panel Number 2700510005 B, effective July 2, 1979. Should additional information be required of this office concerning the property, you may contact the undersigned. Sincerely, ~~. Robert Generous, AICP Senior Planner Enclosures g:\plan\bg\zoning letter CVS.doc ò~-z., > Doeument No.' OFFICE OF THE Ä402261 COUNTY RECORDER ! 1111 ~III :R~E~9:UN:~:;N~::: Certified Recorded on 11-29-2004 at 11 :30 .~ MOl? M U 1 U îllfl 111111 CITY OF CHANHASSEN SITE PLAN PERMIT #04-21 SPECIAL PROVISIONS AGREEMENT dated July 12, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Bear Creek Capital, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 13,013 square foot çommercial building with a parking setback variance (referred to in this Permit as the "project"). The land is legally described as Lot 2, Block 1, Galpin Business Park. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. Ifthe plans vary :trom the written terms of this Permit, the written terms shall control. The plans are: Plan A-Site Plan dated May 5,2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of Minnesota, LLC, ICAHNEO 1 Plan B-Grading, Drainage, and Utility Plan dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of Minnesota, LLC Plan C-Landscaping Plan dated May 5,2004, revised 5-13-04,5-20-04 and 6-24- 04, prepared by Anderson Engineering of Minnesota, LLC 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 2005. The Developer may, however, request an extension oftime from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank or cash escrow in the amount of$5,000 ($2,500 - boulevard restoration and driveway aprons and $2,500 - erosion control). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the Developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to ensure the installation of said landscaping. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand-delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Bear Creek Capital, LLC 9549 Montgomery Road, 3rd Fl. Cincinnati, OH 45242 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Telephone (952) 227-1100. 2 7. Other Special Conditions. Approved Site Plan #04-21 as shown on the plans dated May 5,2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of Minnesota, LLC and subject to the following conditions: a. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. The developer shall provide a bike rack. Additionally, the developer shall install benches on both the Highway 5 and Galpin Boulevard sides of the building. c. The building is required to have an automatic fire extinguishing system. d. All sidewalks shall be provided with accessible ramps. e. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. f. Detailed occupancy related requirements will be reviewed when complete plans are submitted. g. Utility plans: Cleanouts are required in the sanitary sewer system in accordance with the Minnesota Plumbing Code. h. Applicant shall plant 8 deciduous trees along Galpin Boulevard in order to meet minimum requirements. 1. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. J. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding the maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #36-1991. k. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. 1. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. 3 m. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. n. "No Parking Fire Lane" signs and yellow-painted curbing will be required. Please contact Chanhassen Fire Marshal for exact sign locations and for exact curbing to be painted yellow. o. The proposed development shall maintain existing runoff rates. Storm water calculations shall be submitted to verify that the existing storm water pond is sized adequately for the proposed development. p. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope ~ Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) q. These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. r. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. s. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Carver County, Riley-Purgatory-BluffCreek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. 1. Show the location of the accessible ramps on the plans. u. All final plans must be signed by a registered civil engineer. v. Add all applicable 2004 City of Chanhassen detail plates to the plans. w. On the Grading Plan: (1) Show all existing and proposed easements. (2) Show the location of the existing silt fence. 4 (3) Show the existing topography ofthe site. x. The retaining wall must be designed by a registered structural engineer and a permit ftom the Building Department must be obtained for its construction. y. The City's type II silt fence must be used adjacent to the wetland on the east side of the site. In addition, a 75-foot minimum rock construction entrance must be included at the main access drive to the site. z. The remaining assessment due payable to the City at the time of building permit application is $10,479. In addition, sanitary sewer and water hook-up charges along with the Met Council's SAC fee will be due at the time of building permit issuance. The 2004 trunk utility hook-up charge is $1,458 per unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC fee is $1,425 per unit. The hook-up charges and SAC fee are based on the number of SAC units assigned by the Met Council. aa. Storm sewer sizing calculations will need to be submitted for review prior to building permit approval. bb. Directional signage showing access to TH 5 and south Galpin Boulevard shall be installed. cc. Revise the drive aisle width of the drive-thru exit ftom 16 to 20 feet. dd. Work with staffto increase the berming adjacent to TH 5 and Galpin Boulevard. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. 5 (SEAL) CITY OF CHANHASSEN B~ t-.. Thom s A. Furlong, ayor DJ¢ STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing ins1rument was acknowledged before me thi~day of ~ 2004, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, ofthe City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ANV\P\I\I\í\.N\iI+.i1.þV¡j\,N\.AN,,> -< KAREN J. ENGElHAR01 ~ ~ Notary Public - Minnesota ~ My commíssicn~þil'èS 1131200~ VVVVVVV'lVVWWVVV ,,/I/t) STATEOF:ÞIm~Æ80TA ) ( ss. COUNTY OF )/;qmJL~AI) DEVELOPER: BY: ~1:1!~ th&~ ~d . Its The foregoing ins1rument was acknowledged before me this ~ay of /9t1#å...?r , 2004 by ~'¿L/Nrn 7//d¡:>/77A'#A/ . ~~i!): ~ / VICKIE l. KRAMER NOtary Public State of OhIo. 11/ My~&;ims"'20-07 ~,,~ Of o~. .........."",........ ~)f~ NOTARY PUBLIC 6 rONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this24~ay or.Stp-F~, 2004 7 "\ rTTY OF rH A NH ASSEN SITE PLAN PERMIT EXHmIT "A" (TENER AT. rONDITTON 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed, with the City Clerk, 2) the necessary secUrity and fees have been received by the City, and 3) the City has issued a building permit. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the property to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties 8 recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received ttom the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal ofthe erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including materials that have blown, ttom streets and the surrounding area that has resulted ttom construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease ttee at the time of planting. All trees shall be warranted for twelve (12) months ttom the time of planting. The Developer or his contractor(s) shall post a letter of credit ttom a bank or cash escrow with the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless ttom claims made by itself and third parties for damages sustained or costs incurred resulting ttom site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attorneys' fees. 9 '. \ B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice ofthe work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9 . Miscellaneous. A. Constmdion Tr::!l1ers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed iTom the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Post::! 1 Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Rre::!ch ofContr::!ct. Breach of the terms of this Permit by the Developer shall be 10 grounds for denial of building permits. E. SeverHhility. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity ofthe remaining portion of this Contract. F. OccllpHncy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. WHivers/ Amenc1ments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, àmendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recorc1ing. This Permit shall run with the land and may be recorded against the title to the property. I. Remec1ies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised ÍÌ"om time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Constmction HOHrs. The normal construction hours and maintenance of equipment 11 '. under this contract shall be rrom 7:00 a.m. to 9:00 p.m. on weekdays, rrom 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soi1 Tr~Mment S)ffitem~. If soil treatment systems are required, the Developer shall clearly identify in the field and protect rrom alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Comp1Ümce with T ,::tw~} Ordin::tnce~, :md Ree;11Mion~. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Tit1e. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soi1 Condition~. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for 12 '- construction of the improvements or any other purpose for which the Developer may make usè of such property. The Developer further agrees that it will indemnifY, defend, and hold harmless the City, its governing body members, officers, and employees fTom any claims or actions arising out ofthe presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil C;orrection. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may' exist. DRAFfED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 13 GALPIN BUSINESS PARK CHANHASSEN, LLC DEVELOPMENT DESIGN STANDARDS (PUD) A. Intent Galpin Business Park is a POO created to accommodate neighborhood services and conveniences. The use of POO zoning is to allow for a greater variety of uses, the internal transfer of density and construction phasing. In return, the development provides higher quality architectural standards and a more environmentally sensitive project. The goal is to preserve open space, protect wetlands and retain existing vegetation through the efficient/shared use of land, transitional and buffer landscapes. All future lots that are developed are to be reviewed based upon the development use and standards listed below. All submittals are to consist of: \ - Architectural site plan Rendered building elevations Material board - - 1. - Grading and utility plans to conform to current city standards in effect when the proposed new development is submitted for review. - Landscape plan to conform to the city landscape ordinance and these standards. - Color rendering/photo-composite images of the new work proposed as seen from Highway 5 midpoint along the wetland in Outlot A, the intersection of Highway 5 and Galpin and the intersection of Galpin and West 78th Street. Three total. Mutual access, cross easements and maintenance agreements are required of all property owners. If discrepancies arise between the POO and other sections of the city ordiriances, the stated POO shall govern for a period of up to two years after the final plat approval for Galpin Business Park. B. Permitted Uses The permitted uses for this POO shall consist of and be limited to those listed and described below or as approved by the city council. The city council shall interpret whether or not a future use meets the following definitions. - Convenience store with gas pumps, freestanding canopy and car wash. not> Dry cleaning and laundry pick-up stations. Retail shops. Self service laundry. Day care. Offices - professional and business. Health services/medical facilities. Financial institutions. Small appliance and shoe repair shops. Personal service establishments. Standard restaurants without a drive through. Fast Food restaurants without a drive through and integral (less than 40 percent of the building area) with a multi-tenant building. Veterinary clinics. not> lilt' not> not> not> not> not> not> not> not> not> Ancillary approved uses (in conjunction with and integral to a primary use). 1. Prohibited uses: c. Setbacks not> Telecommunications antennas/dishes if concealed from view at the public right of way. Parking. Trash/equipment enclosures. Up to a four lane covered drive through for a bank A single covered drive through for a pharmacy. Outdoor storage dispensing display, e.g., pop machine, ice machine, secure propane tank storage. A TM machines not> not> not> not> not> not> not> Outdoor storage and/or sales areas. not> Automotive sales, service and repair. lilt' Fast food with a drive through. The development is to be regulated by the Highway 5 corridor HC-2 District and the POO standards. There are no minimum requirements for building, parking or drive aisle setbacks on the interior lot lines within the POO. Frontage Minimum Setback Maximum Setback BuildinglParkingIDrive Building Aisle Highway 5 70'/70'/50' 150' Galpin Boulevard 30'/20'/10' 100' West 78tt1 Street 50'/20'/10' 100' Bluff Creek Overlay 40'/40'/40' N/A Wetland (Shown Outlot A) 50'/50'/50' N/A D. Lot Coverage The hard surface lot coverage will be limited to a maximum of 41 % over the entire site. Any single lot may exceed the 41 % requirement. The hard surface area of each lot is as follows: Lot Total Area HARDSURFACE AREA Building Paving (up to) % (up to) Footprint (up to) LotI 81,037 sf/1.86 ac 12,000 s.f. 61,359 s.f. 90% Lot 2 82,897 sf/1.9 ac 20,000 s.f. 46,317 s.f. 80% Outlot A 164,124 sf/3.86 ac o s.f. 16,754 s.f. 10% OutlotB 42,902 sf/.98 ac o s.f. 0 0% Total: 370,925 sf/S.52 ac 32,000 s.f. 124,430 s.f. 41% E. Development Standards 1. SIZE, PORTION PLACEMENT a. Entries: Main entrances shall be oriented toward Highway 5. Entrances shall be designed with additional architectural detailing. b. Articulation: Buildings of more than 40 feet in width shall be divided into smaller increments, between 20 and 40 feet, through articulation of façade. c. Large unadorned CMU walls; solid unrelieved walls without architectural detailing, changes in material, color, accents, fenestrations, etc.; or walls without significant visual interest in keeping with the mass, size and scale of the wall as viewed from public ways shall be prohibited. Buildings shall have varied and interesting detailing. No two structures are to be identical. All walls to incorporate architectural interest through building design or appropriate landscaping. Acceptable design shall incorporate changes in materials and colors, materials with textured surfaces, aggregate, etc. and/or offsets in the building walls. d. Multi-story Structures: Ground level of multi-story structure shall be visually distinct from upper stories. 2. MATERIAL AND DETAIL a. In order to meet the requirements of a PUD, the development must demonstrate a higher quality of architectural standards and design. b. All materials shall be of high quality and durability. Masonry or higher quality materials shall be used. Color shall be integral to the material used, i.e. colored CMU, brick, or stucco. No painted masonry surfaces will be allowed. Colored mortar is encouraged but not required. c. Acceptable materials include: 1. Brick. 2. CMU/Block - shall be of a decorative nature with either a split/rock face, burnished, fluted or scored. Block shall be used as a base material or for building accents (not to exceed 15 percent). 3. Stucco or EIFS, as an accent material (not to exceed 15 percent). 4. Stone - natural or manmade. 5. Glass - clear, colored, textured, translucent or glass block. 6. Laminated shingles, standing seam metal roofs, concrete or quarry tile roofs, or other materials as approved by the city council are to be used on all pitched roofing. 7. Metal panels, siding or structures may only be used for canopies, soffits, trim, HV AC screens and building accents. 8. Paved areas shall consist of any of the following: bituminous, stamped/colored bituminous, concrete, stamped/colored concrete, brick or stone pavers. 9. All building facades visible from a public right of way must be treated comparable to the rest of the building. Design elements must be used nearly equally on all sides. 10. Overhead doors where required, are to be screened as best as possible without interfering with their use or creating a safety hazard. Screening may consist of landscaping, earthen berms, or walls built to match the building. Screening does not need to be complete. Overhead doors shall be the same color as the primary building material. 11. Drive throughs are allowed if used in conjunction with a financial institution, pharmacy, or other occupancy specifically approved by the city council. No drive through will be allowed for fast food restaurants. The drive through must be connected to the principal building. The drive through shall not be located on the street frontage of a building. Materials must be of complementary appearance to the primary building. 12. A convenience center fueling station canopy up to 20' above finished grade is allowed. 3. COLOR a. Colors shall be harmonious. Building colors shall be muted colors with low reflectivity. Bright or brilliant colors and sharply contrasting colors may be used for accent purposes occupying a maximum of 10 percent of building façade. b. All materials, color, size and texture, are to be approved to assure compatibility with the POO. 4. HEIGHT AND ROOF DESIGN a. Building heights shall be limited to 3 stories or 40', as measurement to the highest point from the top of the first floor elevation. The measurement shall include architectural details (parapets), transmission antennas, transmission equipment, satellite dishes, and non-structural building elements. Pitched roofs shall be measured to the midpoint of the roof. b. Each primary building shall incorporate one or more of the following: pitched roof, stepped parapet/roofs, or raised tower elements depending upon the scale and type of building. Other architectural elements such as arches, vaults, canopies, recessed entries and niches, colonnades, detailing, etc., may be used to add architectural interest, direction or articulation to the buildings. 5. FAÇADETRANSPARENCY a. At least 50 percent of a building elevation adjacent to a public right-of-way shall have windows and/or doors. Reflective glass is not permitted. 6. SITE FURNISHING a. Site furnishings shall be designed as part of the site architectural concept and landscape. Benches, tables and chairs and similar features shall be required with all new development. 7. FRANCmSE ARCHITECTURE a. Franchise architecture shall be revised if it does not comply with the design standards. 8. LOADING AREAS AND REFUSE AREAS, ETC. a. All accessory structures shall be complementary to the primary structure. b. All building and mechanical equipment, processing machinery, etc. mounted either on the ground, building or roof shall be screened from view from adjacent public right of ways. Screens shall consist of parapets and/or walls of compatible appearing materials. Wooden and chain link fences are prohibited. 2. c. Each building shall incorporate space within the building or adjacent enclosed or screened structure for recyclables. d. All utilities are required to be underground. e. Gate material shall not be chain link. 9. LANDSCAPING a. Natural areas shall be preserved to the maximum extent. b. Landscaping shall enhance natural and architectural features, strengthen vistas, and provide shade. c. Landscaping shall emphasize massing of plant materials over isolated or scattered material. d. The master landscape plan for Galpin Business Park shall be the design guide for the site landscape developments. Each lot must present a landscape plan for approval with the site plan review. Total quantity of landscaping along Highway 5, West 78th Street and Galpin Boulevard shall comply with Buffer Yard Standard B, City Landscape Ordinance for Vehicular Areas, and Foundation and Aesthetic Plantings. e. A portion of the canopy and under story trees required by city ordinance for Lot 1 and Lot 2 may be relocated onto Outlot 'B' to further enhance Bluff Creek and buffer the residential area to the north subject to city approval. f. Outdoor storage of materials is prohibited unless it has been specifically approved during site plan review. All approved outdoor storage must be screened with either masonry walls/fences, landscaping and berms or a combination of the two. g. Landscape berming is encouraged for use in screening elements such as overhead doors, parking, equipment, and trash enclosures. Maximum slope 33%. The berm is to be sodded, seeded or covered with a wood or stone landscape mulch. The same type of mulch must be used throughout the entire development. Mulch areas must be bordered by sidewalk, curbing, brick pavers, masonry pavers, metal or plastic edging materials. h. Landscaping may be installed incrementally as the lots are developed. Lot 1, Outlot' A' and Outlot 'B' are to be completed simultaneously. Grass areas with potential for erosion are to be sodded or seeded with erosion control fabric per master plan. The landscape areas within Lot 1 and Lot 2 are to be irrigated. Buffer yard plantings shall be installed with the first phase of development. 1. On Lot 1 and Lot 2, deceased trees and shrubs within the buffer yard are to be replaced in kind as originally approved, within one year unless approved by the city council. Trees and shrubs are to be maintained, pruned, and trimmed of dead branches, volunteer grasses and weeds. Lawn areas are to be mowed regularly. Wood mulches are to be replenished to a like new condition every five years or less. J. Prairie grasses and similar natural vegetation is to be left in a natural state. k. Loading docks shall be screened year round from view of public right of way by walls, berms, landscaping, a combination thereof, or as approved by the city council. Overhead doors shall be the same color as the primary building materials. l. Retaining walls may be used to accommodate changes in grade elevations. Acceptable materials include natural stone, cut stone, and integral color concrete block retaining wall systems. Wood retaining walls are prohibited. m. Perimeter vehicular use areas adjacent and/or fronting the public right of ways is to be screened to the height of 3' above the parking surface. Landscaping, berms, fences or any combination thereof may accomplish this. 10. LOT FRONTAGE AND PARKING LOCATION a. One row of parking shall be allowed within the required building setback adjacent to Highway 5 or West 78th Street. The majority of parking shall be located to the side or rear of the building. b. Each developed lot to provide bicycle parking. c. Parking quantities and stall sizes are to meet current city standards in effect when the proposed new development is submitted for review. Each change in use shall require a reevaluation of the parking. d. Shared parking shall be required throughout the project. Parking stalls may be located on the adjacent development as negotiated between the affected parties. e. Each developed lot to provide pedestrian access from the public sidewalk along Galpin Boulevard to the principal buildings. F. SIGNAGE 1. Galpin Business Park, Chanhassen, LLC, shall be permitted one shared pylon sign. The pylon sign shall be located along Highway 5 near Galpin Boulevard and setback a minimum of one-half (112) the required building setback from the property line. The pylon is to be no more than 15 feet above finished grade to the highest point. A maximum of 64 s.f. of sign face per side is allowed. The maximum width of the sign shall be 10 feet. Pylon signs shall be of monument style. 2. One monument sign each is allowed for Lot 1 and Lot 2. The maximum height of monument signs are to be 8' above grade. A maximum of 64 s.f. of sign face per side is allowed. The maximum width of the sign shall be 10 feet. 3. The pylon and monument sign bases and supports are to be of masonry materials (brick, decorative CMU, stone or stucco) to match the primary buildings, be consistent, and to compliment each other. Sign faces shall be colored translucent plastic. If illuminated, signs are to be internally lit. 4. Signage throughout the development shall be consistent in size, location, heights, materials and illumination. 5. Wall signs shall be as permitted below. 3. Maximum Percentage of Wall Area in Square Feet Maximum Square Footage Wall of Signs 15% 0-600 90 13% 601-1,200 156 11% 1,201-1,800 198 9% 1,801-2,400 216 7% 2,401-3,200 224 5% 3,201-4,500 230 3% 4,500+ 240 4. 6. All signs shall require a separate sign permit. G. LIGHTING 1. Site lighting throughout the development shall be consistent. Access roadways to be lit comparable to the existing lighting on West 78th Street. A uniform average of up to 7 foot candles is to be provided throughout the developed areas. A maximum average illumination intensity of 50 foot candles may be used below canopies and drive throughs. Canopy and drive through lights must be recessed. 2. Site area lighting to be shoe box fixtures with metal halide lamps. 3. Light poles to be consistent throughout the development, square, prefinished, 30' maximum to the highest point. 4. All site lighting must be shielded to prevent any off site spillage and glare. A maximum of 1 to 2 foot candles are allowed along the property lines at Highway 5, Galpin Boulevard and West 78th Street. H. 1. Loud speakers are prohibited. (G:\Plan\BG\Development Review\Galpin Business Park design standards) STAUBACH "Ä Wurld uf Real E.,tate Ktluwled¡¡;e J -4- '2.<;' ù~ f ~vC. ~b '--I- 2- \ May 26, 2005 -.ct\'ftÐ . 6 1005 JUt<\ N\-\~SSt.N C\1'< Of C\-\~ Mr. Bob Generous City of Chanhassen, MN P. O. Box 147 Chanhassen, MN 55317 Re: Zoning Verification Letter Dear Mr. Generous: Upon instructions from Scott Giese, Vice President, I am writing to request a Zoning Verification Letter for the CVS Pharmacy Store 1747; located at 7765 Galpin Blvd. Chanhassen, MN. Enclosed you will also fmd: ~ Check in the amount of $25.00 which represents the processing fee. Please Fax and Mail the "Oril!inal" back to me bv June 15. 2005 as I am under a deadline. Should you have questions or need something more do not hesitate to call me directly at 214-365-4823. Res¡JctfullY, f!:::.¿ '. '5/7 ,Sandi Strels~ Executive Support STAUBACH CAPITAL PARTNERS 8333 Douglas, Suite 1500 Dallas, TX 75225 Main: 214-365-4800 Direct: 214-365-4823 sandi.strelsky(cl)staubach,com Fax: 214-365-4802 www.staubach.com Enclosures: Processing Fee Check Sample Zoning Verification Letter cc: Scott Giese lCANNI!D May 26, 2005 Staubach Capital Partners 8333 Douglas, Suite 1500 Dallas, Texas 75225 Attention: Scott Giese RE: Zoning Verification for CVS, Gentlemen/Ladies: At the request of Staubach Capital Partners, we have examined our records with respect to certain real property in the City ofChanhassen. MN located at 7765 Galpin Blvd. (the "Property"), and we are pleased to advise you that: (a) The Property is zoned under the zoning ordinance of (insert Applicable Governmental Authority), which zoning ordinance governs the permitted uses of the Property. The zoning district permits use as a drug store/pharmacy as a matter or right without the necessity of obtaining a conditional or special use permit, variance, special exception or other authorization or approval. [If the Property is subject to or requires a use permit or variance, please so state and attach a copy.] (b) The property is [not] subject to proffered conditions or other special limitations imposed by (insert Applicable Government Authority), in connection with zoning or rezoning of the Property. [If the Property is subject to proffered conditions or other special limitations, please so state and attach a copy.] (c) The use of the Property as a drug store/ pharmacy complies with all applicable requirements of the zoning ordinance of (insert Applicable Governmental Authority). The Property currently complies with all setback and parking requirements of the zoning ordinance of (insert Applicable Governmental Authority). (d) The Property is recognized as a separate parcel of land under the subdivision ordinance of (insert Applicable Governmental Authority), may be conveyed, leased, or mortgaged as a separate parcel without the necessity of obtaining and approval of subdivision or resubdivision of the Property and currently complies with such subdivisions and other applicable subdivisons laws. The Property is not subject to any conditions or special limitations imposed by (insert Applicable Governmental Authority), in connection with any subdivision approval of the Property. [If the Property is subject to any such conditions or limitations, please so state.] Very truly yours, (Title)