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CC Staff Report 02-09-2015 Extending Site Plan Approval0 CITY OF CHANNASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 952 2271100 Fax 952 2271110 Building Inspections Phone 952 2271180 Fax 952 2271190 Engineering Phone 952 2271160 Fax 952 2271170 MEMORANDUM TO Todd Gerhardt, City Manager FROM. Bob Generous, Senior Planner DATE. February 9, 2015 ei�� SUBJ Chanhassen Specialty Grocery Planning Case #2014 -29 PROPOSED MOTION "The Chanhassen City Council approves an extension of the time to record the site plan agreement for Chanhassen Specialty Grocery and the final plat for Villages on the Ponds 10th Addition to May 31, 2015 " City Council approval requires a majority vote Finance EXECUTIVE SUMMARY Phone 952 2271140 Fax 952.2271110 Venture Pass Partners, LLC has requested an extension of the time for recording the Fax 952 2271110 site plan approval until May 31, 2015 Section 20 -30 of the Chanhassen City Code Park & Recreation requires recording of site plan approvals within 120 days of approval City Council Phone 952 2271120 approved the site plan for Chanhassen Specialty Grocery on October 27, 2014, which Fax 952 2271110 means the approval must be recorded by February 25, 2015. Recreation Center 2310 Coulter Boulevard The applicant has been unable to finalize the transaction for the property and therefore is Phone 952 2271400 unable to record the final plat and site plan approval documents They have stated that Fax 952 2271404 should be able to complete the process by May 31, 2015 Planning & RECOMMENDATION Natural Resources Phone 952 2271130 Fax 952 2271110 Staff recommends approval of the extension of the time frame for recording of the project documents to May 31, 2015 Public Works 7901 Park Place ATTACHMENTS Phone 952 2271300 Fax 952 2271310 1 Email from David Carland, Venture Pass Partners, LLC. Senior Center 2. Site Plan Agreement #2014 -29 Phone 952 2271125 Fax 952 2271110 g \plan\2014 planning cases\2014 -29 Chanhassen specialty grocery\extension of recording memo doc Web Site www ci Chanhassen mn us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Generous, Bob From: Aanenson, Kate Sent Monday, February 02, 2015 4 23 PM To: Generous, Bob Subject FW VOP Outlot B From- Dave Carland [_mailto:DCarland@VENTUREPASS NET Sent: Monday, February 02, 2015 3:34 PM To: Aanenson, Kate Cc: Randy Rauwerdink; Jim Ottenstein Subject- VOP Outlot B Hi Kate, this e -mail is our formal request that the Chanhassen City Council extend our approvals for VOP Outlot B until May 31, 2015 David Cariand Venture Pass Partners, LLC 19620 Waterford Court Shorewood, MN 55331 (o) 952 473 1210 (c) 612 963 9107 dcariandCcDventu repass. net /VENTURE PASS PARTNERS CITY OF CHANHASSEN SITE PLAN AGREEMENT #2014 -29 CHANHASSEN SPECIALTY GROCERY SPECIAL PROVISIONS AGREEMENT dated October 27, 2014, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City "), and Pond Promenade Ventures, LLC, (the "Developer ") 1 Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a Chanhassen Specialty Grocery with a Variance to the sign letter size on the north and west building elevations, a 14,000 square -foot, one -story commercial building (referred to in this Agreement as the "project ") The land is legally described as Lot 1, Block 1, Villages on the Ponds 11 th Addition 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Agreement and furnishes the security required by it. 3 Development Plans. The project shall be developed and maintained in accordance with the following plans The plans shall not be attached to this Contract If the plans vary from the written terms of this Agreement, the written terms shall control The plans are. Plan A Site Plan prepared by Tushie Montgomery Architects, dated 09/05/14 Plan B Grading, Drainage and Erosion Control Plan prepared by Sambatek, dated 09/05/14 Plan C Landscape Plan prepared by Tushie Montgomery Architects, dated 09/05/14 Plan D Utility Plans prepared by Sambatek, dated 09/05/14 Plan E. Erosion Control Plan — Phase I, prepared by Sambatek, dated 09/05/14 Plan F• Erosion Control Plan — Phase II, prepared by Sambatek, dated 09/05/14 Plan G Site Lighting Plan prepared by Tushie Montgomery Architects, dated 09/05/14 4. Time of Performance. The Developer shall install all required screening and landscaping by October 1, 2015. The Developer may, however, request an extension of time from the City If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date 5 Security. To guarantee compliance with the terms of this Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ( "security ") for $40,000 00 (storm sewer, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer b Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6 Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address- Mr Randy Rauwerdink Pond Promenade Ventures, LLC 19620 Waterford Court Shorewood, MN 55331 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address Chanhassen City Hall, 7700 Market Boulevard, P O Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227 -1100 7. Other Special Conditions. City Council approves a site plan for a 14,000 square -foot, one -story specialty grocery store with a variance from the Planned Unit Development sign letter height to permit letters in excess of 30 inches on the north and west building elevations subject to the following conditions• Building- a The buildings are required to have automatic fire extinguishing systems b Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Detailed occupancy - related requirements will be addressed when complete building plans are submitted 2 d. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures Engineering. a The western portion of Pond Promenade shall be at least 26 feet wide to meet the City's minimum requirement for a private street serving two -way traffic Fire Marshal• a "No Parking Fire Lane" signs and yellow - painted curbing will be required Contact Fire Marshal for specifics Natural Resource Specialist a. The applicant shall install trees in the larger landscape peninsulas located along Pond Promenade on the north and west sides of the lot. b The applicant shall re- submit a corrected landscape plan to the city prior to construction. Planning 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 Install two benches east of the building on Main Street. The applicant should also consider providing additional benches on site and along Pond Promenade. The applicant shall provide benches similar to others used in Villages on the Ponds c Change the design of the ECO mesh green wall to be slightly curved (in footprint) to help break the monotony of the long, straight wall along the street d. The street /sidewalk lights along Main Street have to be preserved and operational when the site construction is completed e Additional landscaping shall be provided to the south of the building Water Resources. a The applicant must provide adequate evidence that there is no area on the subject property suitable for infiltration The discussion must include the practicality of altering the site layout b The applicant must provide volume control to the maximum extent practicable and must provide a discussion of the feasibility of other methods of volume reduction c The applicant must provide water quality modeling, acceptable under Section 19- 144(a)(1)c of Chanhassen City Code, showing that the water quality treatment conditions are met for the required water quality volume from all new impervious surfaces. d A comprehensive, stand -alone SWPPP document with all elements required by Part III of the NPDES construction permit and Section 19 -145 of city code shall be prepared and submitted to the City for review and comment before any earth - disturbing activities, including but not limited to dewatermg of the pond, removal of any existing surfaces or structures, and removal of vegetation Any dewatermg of the pond must have a dewatermg plan, approved by the city, prior to executing This plan must assure that no sediment -laden water leaves the site and shall be incorporated into the SWPPP f. The applicant must comply with the requirements of all other jurisdictional agencies with authority over the project area g The applicant will be responsible for procurement of any permission required by any other agencies with authority over the project. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein 4 CITY OF CHANHASSEN I:' :►- STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) Thomas A. Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this day of , 2014, by Thomas A Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council NOTARY PUBLIC POND PROMENADE VENTURES, LLC Ibm Its STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this 2014 by , the of Pond Promenade Ventures, LLC DRAFTED BY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen, MN 55317 (952) 227 -1100 5 day of NOTARY PUBLIC CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT "A" GENERAL CONDITION 1 Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied 2 Maintenance of site. The site shall be maintained in accordance with the approved site plan Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development 4 Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City The City may impose additional erosion control requirements if they would be beneficial All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention The parties recognize that time is of the essence in controlling erosion If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures 5 Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns 6 Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting All trees shall be warranted for twelve (12) months from the time of planting The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 2 7 Responsibility for Costs. A The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees B The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, 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 Agreement within thirty (30) days after receipt If the bills are not paid on time, the City may halt all development work and construction Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year 8 Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous A Construction Trailers Placement of on -site construction trailers and temporary fob site offices shall be approved by the City Engineer Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer B. Postal Service The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request C. Third Parties Third parties shall have no recourse against the City under this Agreement. D Breach of Contract. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. E Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract F. Occupancy Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city G. Waivers /Amendments The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release H Recording. This Agreement shall run with the land and may be recorded against the title to the property I Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter ansmg, available to City, at law or in equity, or under any other agreement, and each and every 7 right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours The normal construction hours under this contract shall be from 7.00 am to 9.00 p.m. on weekdays, from 9.00 am 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 dewatenng purposes beyond the normal working hours will require City Council approval K Soil Treatment Systems If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot This shall be done prior to the issuance of a Grading Permit Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities 1 City of Chanhassen, 2. State of Minnesota, its agencies, departments and commissions; 3 United States Army Corps of Engineers; 4 Watershed District, 5 Metropolitan Government, its agencies, departments and commissions. M. Proof of Title Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O Soil Correction The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist 8 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them Dated this day of , 2014 STATE OF MINNESOTA ) ( ss COUNTY OF 1 The foregoing instrument was acknowledged before me this day of 2014, by DRAFTED BY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen, MN 55317 (952) 227 -1100 M the NOTARY PUBLIC of MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2014 STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this 2014, by , the DRAFTED BY. City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen, MN 55317 (952) 227 -1100 g\plan\2014 planning cases\2014 -29 chanhassen specialty grocery \site plan agreement.doc 10 day of NOTARY PUBLIC of