CC Staff Report 06-08-2015 � C.)
MEMORANDUM
C��Y 0�� TO: Todd Gerhardt, City Manager
c�������� FROM: Drew Ingvalson, Planning Intern
7700 Market Boulevard
PO Qox 1n7 DATE: June 8, 2015 �
Chanhassen MN 55311
SUBJ: Site Plan and Conditional Use Peimit Amendinent for
Administration
1850 Lake Drive West—Platming Case#2015-11
Phone:952.227.1100
Fax:952.227.1110 PROPOSED MOTION ,
Building Inspections °�The City Council approves amended Site Plan #1991-04 to designate an
Phone:952.227.1180
Fax:95222�7.t��o outdoor stoi-age area, and approves the ainended and restated Conditional Use
Permit #2001-02 to allow screened outdool� storage with conditions on property
Engineering located at 1850 Lake Drive West, and adopts the attached Findings of Fact and
Phone�952.227.I��0 Recommendation."
Fax:952 227 l 170
Finance EXECUTIVE SUMMARY
Phone:952.22111�0
Fax�952.?_27.r��o The applicant is requesting an amendrnent of Site Plan #1991-04 and Conditional Use
Permit #2001-OS to utilize ai1 existing loading dock, located in the rear of the
g��rk��ecreation proper�y, fo�•storage. The outdoor storage is being requested due to an increase in the
Nhone�.952.227.1�2o volume of product used by the business. The intent is to screen the storage tllrot�gh
Fax:952.227.1I10
existing buildings, landscaping and additional landscaping as necessary.
Recreation Cevi�P��
2310 Coulter Qouleva�d PLANNING COMMISSION SUMMARY
Phone�952 227.1�400
I�y���>>»l�"�'` The Planning Coininission held a public hearing on May 19, 2015 to review the
proposed ainendments. Review of the proposal found that allowing outdoor storage on
i�lz����in�� the site is consistent with the Chanhassen Business Center Site Plan and outdoor stora e
Natt�r�al Reso��s��c,a �
Phone:952 22�.����3o is a continuation of an approved use of the property (contractor's yard). The Planning
[ax �522��i���o Commission did not find any issues with allowing outdoor storage on the site with the
proposed conditions. All voted in favor and the�notion carried unanimously with a vote
���a�alic uu�a�P�s of 6 to 0. The Planning Coirnnissioi�minutes of May 19, 2015 are included in consent
7901 Park r��aco agenda item for June 8, 2015 City Council agenda.
Phone:9522271�00
Fax:952.2271310 RECOMMENDATION
Senior Center
Phone�952.22��I2�� Staff and the Planning Cominission recommend City Council approve the Conditional
Fax��;�2.22/�!�o Use Permit and Site Plan ainendments to allow screeiled outdoor storage for LDW
Properties, located on Lot 2, Block 1, Chanhassen Business Center, as shown on the
UVe��sit�: plans received April 17, 2015, subject to the following conditions:
�,n�v,�!�v ci.chanhassen r>>ri.us
Chanhassen is a Community for Life-Prodidliig for foday and Plaiinliig for Ioi7iorroN�
Todd Gerhardt
1850 Lake Drive West Site Plan and Conditional Use Permit Amendment
Planniilg Case 2015-11
June 8, 2015
Page 2
Planning
1. The Conditional Use Permit shall be restated to "outdoor storage is prohibited ui�less it has
been approved under site plan review."
a. No unlicensed or inoperable vehicle/equipment shall be stored on the premises.
b. Outdoor storage is lunited to the construction equipment outlined in this report.
c. The applicant shall work with city staff to coinplete full screening of the outdoor storage
space through landscaping.
Water Resources Coordinator
1. Materials shall be fi-ee of concrete.
2. No cleaning or maintenance of equipment can occur in this area.
ATTACHMENTS
1. Planning Commission Staff Report.
2. Findings of Fact and Recominendation.
3. Restated and Amended Conditional Use Pei7nit #01-02.
g:Aplan�2015 planning cases�2015-11 1850]ake drive west cup\executive summaiy.doc
� PC DATE: May 19, 2015 � �� .-
. � """�::��
CC DATE: June 8, 2015 ,
CITY OF CHANHASSEN ��
REVIEW DEADLINE: June 16, 2015
CASE #: 2015-11
BY: DI, BG, JM AF, TJ, JS, ML
PROPOSED MOTION:
"The Chanhassen Planning Coinmission recommends the City Council ainend Site P1an 1991-04
and revise Conditional Use Pei7nit 2001-02 to allow screened outdoor storage, with conditions at
1850 Lake Drive West, and adopts the attached Findings of Fact and Recommendation."
SUMMARY OF REQUEST: The property owner is requesting an amendment to the Site Plan
and Conditional Use Permit to allow screened outdoor storage. Notice of this public hearing has
been mailed to all property owners within 500 feet.
LOCATION: 1850 Lake Drive West (PID 25-1640020)
APPLICANT: LDW Properties �:� • ,`��� � _
t � �!.�r+s� y +" ;'. �/�
�
�!f�. �� w� �,,,, �.�� � ��; � � * `
1850 Lake Drive West , .„� �.�$x,; � � �� .-`'
Chanhassen, MN 5531� � �"�'� • "� � , �
� ,�� „� '�.. f ,'t� ,<.
Contact: Dave Brockpahlei ����` � ' �`%�
Phone: 612-581-2570 ', , �``� � ` - � � �Z s
Email: daycomn@earthlinlc.n�t � � �� � �+i��`�`� , , ��`•- ���
� , . ----� � %. '
� �.y ..� � ' - .
.
PRESENT ZONING: PUD Planned Unit D�velo 7in�nt � � s�� �'�.` � }
� � �� .� � � - �-
�A �"; � , , . ;f; �;
.�'' , �.; «'
2020 LAND USE PLAN: Office Industi•ial :� "'��'"`.. , ���
+
� . � �. ° fl , � � . '�
ACREAGE: 6.3 acres '�2 •-; y- -�� _ �E ' `�'� ���
YL,� , • [+- .. ` .
, i: " . Y '� 7 '
DENSITY: N/A � � F'r_ .
r�
. A. � X�,,� �rk.M�l ..w�.
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, i � #A��i,'~ A.,N *y���?,��'�/���1'�?�l l� :�
� \ �u � � �R�► ��',,���� � •!
���Ik,1L ��+'���(�'l[���➢�I��I �N I(�������N Ia/�l���AI`�1�o � � '°'�''': � ..1� r ��� � �. •���� F�'��� ;
Conditional Use Permits—The City has limited disci•etion in approving or denying conditional
use permits, based on whether or not the proposal meets the conditional use pennit standards
outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit
standards are met, the pei7nit must be approved. This is a quasi-judicial decision.
Site Plan—The City s discretion in approving or denying a site plan is limited to whether or not the
proposed project complies with Zoning Ordinance requirements. If it meets these standards,the
City must then appi•ove the site plan. This is a quasi judicial decision.
Plaruiing Commission
CUP for Screened Outdooi• Storage—Planning Case 2015-11
May 19, 2015
Page 2 of 5
BACKGROUND
On February 8, 1993,the City of Chanhassen adopted development standards for the Chanhassen
Business Center(PUD 91-4). These development standards approved light industrial,warehousing
and office uses within the Chanhassen Business Center PUD (see attaclunent 5). Section (f.) Site �
Landscaping and Screen, subpart(3) of the development standards states, "storage of material
outdoors is prohibited unless it has been approved under site plan review. All approved outdoor I
storage must be screened with masoniy fences and/or landscaping." I�
On September 5, 2001, the Chanhassen City Council approved a 15-foot variance fr•om the 40-foot
building setback requirement of the Bluff Creek Over•lay district and the operation of a contz•actor's
yard within the B1uff Creek Overlay district primary zone,with conditions, on Lot 2, Block 1,
Chanhassen Business Center 3'�d Addition. Condition (b) of the CUP states that, "no outdoor storage
of material or equipment shall be permitted" (see attachinent 6).
At the time of the development, May 2002, the applicant did not include outdoor storage as a part of
their Site Plan Review#2001-OS subinittal.
PROPOSAL/SUMMARY
The applicant is requesting an amendment to thei�• conditional use permit and the site plan to
allow screened outdoor storage in an existing rear loading dock area. The property is located at
the end of Lake Drive West on the north side of the cul-de-sac. The site is zoned Planned Unit
Developinent (PUD) and has an area of 6.3 acres. The screened outdoor storage is pei7nitted
within the PUD as long as it has been appi•oved under site plan review.
1
� �� �� The space will be used to house construction
Storage Area r��. .\i4 equipment associated with a contractor's business.
�"`� Proposed storage items include:
' 1�
���� �� � - Scaffolds plus braces plus blanlcs plus
;�� : - brackets;
' _--�_---�''��.--�-=o � Ti•ailers;
� � - Rebar;
( .,, _ - Mixers;
� ' ` .,o -_ - Pods;
� m - Forklifts;
j `�"� � _� �� - Cages with or without concrete blankets;
� � - Concrete foi-ms;
�� '� ��� j;, - Hoppers;
•� _— -----— ----- _ -
�p-� - Road ban•iers; and
� , __ --- ---� --! - Man cages.
i i �. ; _ � �
� L ----- - ------� All equipinent is proposed to be screened through
� existing landscaping,buildings or additional
I� ,�e landscaping. With additional landscaping for
._.._..- - -..- .^/
"�"' "" � screening,the proposed conditional use peimit will
��L/�[PIAN
Planning Commission
CUP foi- Screened Outdoor Storage—Planning Case 2015-11
May 19, 2015
Page 3 of 5
meet ordinance requirements and staff is recoinmending approval subject to the conditions outlined
in the staff repoi�t.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 6, Site P1an Review, Sec. 20-110
Chapter 20, Article IV, Division 2, Conditional Use Pei7nits, Sec. 20-289 �
Chapter 20, Article IV, Division 2, Conditional Use Permits, Sec. 20-308 '�
ANALYSIS I�,
The applica�it is requesting to utilize an existing loading dock, located in the rear of the property, for ��
storage. The intent is to screen the storage through existing buildings, landscaping and additional
landscaping,if necessary.
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and Trees screened by
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Planning Commission
CUP for Screened Outdoar• Storage—Planning Case 2015-11 ��,
May 19, 2015 I
Page 4 of 5
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DRAINAGE
The applicant is requesting to use an existing loading dock area for the puipose of outdoor
stoi-age of constl-uction materials. None of the proposed materials to be stored in this area are
erodible or hazardous materials (see attachment 3), as long as the equipment stored in this area
are clean. None of the storage materials should be cleaned or maintained in this area to ensure
that drainage and water quality are not negatively affected by the area. The site has been
developed to accoinmodate stonnwater and the storage of the proposed equipment should not
negatively affect drainage.
Planning Commission
CUP for Screened Outdoor Storage—Planning Case 2015-11
May 19, 2015
Page 5 of 5
LANDSCAPING
City ordinance requires that outdoor storage areas be screened froin all public views. The
inajority of the proposed outdoor storage space is curr•ently screened by either•buildings,
elevatiarl changes or landscaping. However, as seen in the iinage above, there is a viewing area
from Lake Drive West that is only partially screened by landscaping (t1•ees). This area will need j
additional landscaping materials (slu-ubs, trees, etc.) to fully screen the outdoor storage space. �
RECOMMENDATION
Staff recommends that the Planning Commission recoinmend City Council approve the
Conditional Use Per7nit and Site Plan amendments to allow screened outdoor storage for LDW
Properties, to be located on Lot 2, Block 1, Chanhassen Business Centei•, as shown on the plans
dated received April 17, 2015, subject to the following conditions:
Plannin�
1. The Conditional Use Permit shall be restated to "outdoor storage is prohibited unless it has
been approved under site plan review."
2. No unlicensed or inoperable vehicle/equipment shall be stored on the premises.
3. Outdoor storage is limited to the consh-uction equipment outlined in this repoi�t.
4. The applicant shall work with city staff to complete full screening of the outdoor storage
space through landscaping.
Water Resources Coordinator
1. Materials shall be fi•ee of concrete.
2. No cleaning or maintained of equipment can occur in this area.
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Application.
3. Storage Area Location Map.
4. Dayco Concrete Outside Storage Possibilities, einailed 5/6/15.
5. Planned Unit Development #1991-04.
6. Conditional Use Pez7nit#2001-02.
7. Site Plan Permit#2001-05.
8. Affidavit of Mailing of Notice of Public Hearing.
g:\p1an�2015 pla�ining cases�2015-11 1850 lake drive west cup\staff report-2015-11 18501ake diive west cup.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of LDW Pi•operties to revise a Conditional Use Permit and to amend a Site Plan
Permit to allow screened outdoor storage in the Planned Unit Development District.
On May 19, 2015, the Chanhassen Planning Commission inet at its regulai-ly scheduled ineeting
to consider the application of LDW Properties to revise a Conditional Use Permit and to amend
a Site Plan Permit to a11ow screened outdoor storage in the Plaimed Unit Developinent District.
The Plamling Commission conducted a public hearing on the proposed revision and amendmei7t
preceded by published and mailed notice. The Planning Commission heard testimony froin all
interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is cun•ently zoned Plaimed Unit Development, PUD.
2. The property is guided in the Land Use Plan for Office Industrial.
3. The legal description of the property is Lot 2, Block 1, Chanhassen Business Center.
4. Conditional Use Permit. General Issuance Standards
a. Perinitting screened outdoor storage will not be dehimental to or endanger the public
health, safety, comfoi�, convenience or general welfare of the neighborhood or city.
The site is zoned PUD, with an undei-lying zoning of IOP. The proposed use will not
create any significant or unexpected impacts fi•oin this operation.
b. Pelmitting screened outdoor stoi•age is consistent with the objectives of the city's
comprehensive plan and this chapter.
The proposed use is consistent with the City's Comprehensive Plan. The City approved a
site plan Pel7nit with a conditional use peimit for the site with a 15-foot variance fi•om the
40-foot building setback requirement of the Bluff Creek Overlay district, and for
development within the Bluff Creek Overlay distr-ict primaiy zone to operate a
contractor's yard. The site has met all of the conditions of approval and now seeks to
utilize a loading dock space for outdoor storage. Outdoor storage is an allowed
conditional use for a conti•actor's yards in the IOP Disti-ict, the underlying district and is
allowed within the PUD, if the storage is approved in the site plan.
1
c. Screened outdoor storage will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing ar intended character of the genei-al vicinity
and will not change the essential character of that area.
The site is located a PUD that has an underlying IOP Dist�ict designation. As a condition
of approval, the applicant will be i-equired to work with staff to complete additional
screening of the site to ensure it keeps with the essential character of the area.
d. Screened outdoor storage will not be hazardous or disturbing to existing or plamled
neighboring uses.
Storage equipinent will be screened from public view. There will be no measurable
impacts to the existing or planned neighboring uses.
e. Screened outdoor storage will be served adequately by essential public facilities and �I
services, including streets,police and fire protection, drainage structures, refuse disposal,
water and sewer systems and schools; or wi11 be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
Full city services are available to this site. Roads seiving the site are fu11y capable of
handling the access needs of this proposal.
f. Screened outdoor storage wi11 not create excessive requireinents for public facilities and
services and will not be detrimental to the economic welfare of the community.
Staff is not aware of any excessive requireinents for public facilities. The contracting
business is a good auxiliary use within the development.
g. Screened outdoor storage will not involve uses, activities, processes, inaterials,
equipment and conditions of operation that will be detrimental to any persons, propei�ty or
the general welfare because of excessive production of traffic, noise, smoke, fumes,
glai-e, odors, rodents, or trash.
This site will not create adverse impacts to persons,property or the geizeral welfare of the
area. The screened outdoor storage will comply with city ordinances.
h. Sci-eened outdoor storage wi11 have vehicular approaches to the property which do not
create traffic congestion or interfere with traffic or surrounding public thoroughfares.
The site is accessible from a city street designed to commercial standards.
i. Screened outdoor storage will not result in the desti-uction, loss or damage of solar access,
natural, scenic or historic features of major significance.
The development of this site will not result in the loss of any features of major
significance.
2
j. Screened outdoor storage will be aesthetically coinpatible with the area.
� The site contains an existing loading dock, which is partially screened by buildings,
landscaping and elevation changes. The proposed outdoor storage space will be fully
screened by adding additional landscape sci-eenuig.
k. Screened outdoor storage will not depreciate surrounding property values.
The site is being used for a screened outdoor storage operation, which is consistent with
its desigYlation. It will not depreciate surrounding property values.
1. Screened outdoor storage will meet standards presci-ibed for certain uses as provided in
this article.
Sec. 20-308. Screened outdoor storage states:
The following applies to screened outdoor storage:
(1) All outdoor storage must be completely screened with 100 percent opaque
fence or landscaped screen.
The applicant intends to store construction materials within a screened loading dock area.
Screeiung will be achieved via buildings, elevation changes, and landscaping.
5. Site Plan Review. In evaluating a site plan and building plan, the city shall consider the
development's compliance with the following:
a. Screened outdoor storage is consistent with the eleinents and objectives of the city's
development guides, including the comprehensive plan, official road mapping, and other
plans that may be adopted. The proposed use is consistent with the City's Comprehensive
Plan and all other plans. The City approved a site plan permit with a conditional use
pennit for the site with a 15-foot variance fi•om the 40-foot building setback requirement
of the Bluff Creek Overlay district and for development witlun the Bluff Creek Overlay
district primary zone to ope�•ate a contractor's yard. The site has met all of the conditions
of approval and now seeks to utilize a loading dock space for outdoor storage. Outdoor
storage is an allowed conditional use for a contractor's yards in the IOP District, the
underlying district and is allowed within the PUD, as the use is approved in the site plan.
b. Screened outdoor storage is consistent with this division 6. The screened outdoor storage
ineets the requirements specified under site plan review.
c. Adding screened outdoor storage will preserve the site in its natural state to the extent 'i
practicable by minimizing tree and soil removal and desiglling grade changes to be in
keeping with the general appearance of the neighboring developed or developing areas.
There will be no tree or soil removal or grade changes with the addition of the screen
outdoor storage area.
d. Screened outdoor storage will keep a harmonious relationship between the building and
open space with natural site features and with existing and future buildings having a
3
visual relationship to the developinent. Landscape screening will enhance the natural site
features and will be consistent with the existing relationship between buildings and open
space on the site.
e. The addition of screened outdoor storage will inaintain a functional and harmonious �
design for structures and site features, with special attention to the following: ����
1) An internal sense of order for flle buildings and use on the site and provision of a ���I
desirable environment for occupants, visitors and general community. The ��
outdoor storage will be screened from public view and will not be seen by
occupants, visitors oi•the gelieral cominunity in the area.
2) The amount and location of open space and landscaping. Open space will not be
reduced by the addition of screened outdoor storage. Landscaping will be
increased to screen the outdoor storage.
3) Materials, textures, colors and details of construction as an expression of the
design concept and the compatibility of the same with adjacent and neighboring
structures and uses. The outdoor storage will be completely screened by
landscaping, keeping with the design concept and compatibility with adjacent and
neighboring stiuctures and uses.
4) Vehicular and pedesti-ian circulation, including walkways, ultes•ior drives and
parking in ter7ns of location and number of access poults to the public streets,
width of interior drives and access points, general interior circulation, separation
of pedestrian and vehiculai-traffic and arrangement and ainount of parking. The
outdoor storage will be located in the rear loading dock area and will not have any
influence on vehicular or pedestrian circulation.
f. Adding screened outdoor storage will not affect adjacent and neighboi•ing propei�ties
tlu•ough reasonable provision for surface water drainage, sound and sight buffers,
preservation of views, light and air and those aspects of design not adequately covered by
other regulations which may have substantial effects on neighboring land uses. The
outdoor• storage will be coinpletely screened from public view and the construction
equipment permitted as a part of the approval process will not be erodible, thus
mitigating potential negative externalities.
g. Within the HC districts, screened outdoor storage is consistent with the puipose, intent
and standards of the HC districts. The subject pi•operty is not within the HC district.
h. Within the BCO district, screened outdoor storage is consistent wifli the puipose, intent
and standards of the BCO district. Screened outdoor storage will keep with the puipose,
and intent and standards of the BCO district.
Based upon the foregoing findings, staff is recoinmending that the conditional use pennit be
restated and the site plan permit be amended to allow screened outdoor storage with appropriate
conditions.
4
6. The planning report#2015-11 dated May 19, 2015,prepared by Drew Ingvalson, et al, is
incoiporated herein.
RECOMMENDATION
The Planning Commission recolnmends that the City Council revise Conditional Use
Pei7nit#2001-02 and amend Site Plan Permit #2001-OS to allow screened outdoor storage in the
Planned Unit Development District.
ADOPTED by the Chanhassen Planning Commission this 19t1' day of May, 2015. ��
CHANHASSEN PLANNING COMMISSION �'
BY:
Its Chairman
5
����-�9 �
COMMUNITY DEVELOPMENT DEPARTMENT � �'d� C'UP d«���
Planning Division-7700 Market Boulevard CITY OF CH��1H��SSEN
Mailing Address—P.O. Box 147, Chanhassen, MN 55317
Phone: (952)227-1300/ Fax: (952)227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Subm ittal Date:_�--- f�---� f� PC Date: �J""'�"'f� CC Date: tD`��"�� 60-Day Review Date:���d ���L�J
• � . • . .• . • •
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
❑ Comprehensive Plan Amendment.........................$600 ❑ Subdivision (SUB)
❑ Minor MUSA line for failing on-site sewers.....$100 ❑ Create 3 lots or less ........................................$300
❑✓ Conditional Use Permit(CUP) ❑ Create over 3 lots.......................$600 + $15 per lot
( lots)
❑ Single-Family Residence ................................$325 ❑ Metes & Bounds (2 lots)..................................$300
❑✓ All Others.........................................................$425 ❑ Consolidate Lots..............................................$150
❑ Interim Use Permit(IUP) ❑ Lot Line Adjustment.........................................$150
. ❑ Final Plat..........................................................$700
❑ In conjunction with Single-Family Residence..$325 (Includes $450 escrow for attorney costs)*
❑ All Others.........................................................$425 *Additional escrow may be required for other applications
through the development contract.
❑ Rezoning (REZ)
❑ Planned Unit Development(PUD)..................$750 ❑ Vacation of Easements/Right-of-way(VAC)........$300
❑ Minor Amendment to existing PUD.................$100 (Additional recording fees may apply)
❑ All Others.........................................................$500
❑ Variance(VAR)....................................................$200
❑ Sign Plan Review...................................................$150
❑ Wetland Alteration Permit(WAP)
❑ Site Plan Review(SPR) ❑ Single-Family Residence...............................$150
❑ Administrative..................................................$100 ❑ All Others.......................................................$275
❑ Commercial/Industrial Districts*......................$500
Plus $10 per 1,000 square feet of building area: ❑ Zoning Appeal......................................................$100
( thousand square feet)
�Include number of existina employees: ❑ Zoning Ordinance Amendment(ZOA).................$500
*Include number of new employees:
❑ Residential Districts.........................................$500 NOTE: When multiple applications are processed concurrently,
Plus $5 per dwelling unit( units) the appropriate fee shall be charged for each application.
❑✓ Notification Sign (city to install ana remove)......................................................................................................................$200
0✓ Property Owners' LISt withln 500' (City to generate after pre-application meeting)..................................................$3 pef 8dC1f0SS
( 15 addresses)
❑✓ Escrow for Recording Documents (check all that apply).......................................................................$50 per document
✓❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement
❑ Vacation ❑ Variance ❑ Wetland Alteration Permit
❑ Metes& Bounds Subdivision (3 docs.) ❑ Easements ( easements
[�� �K� ���� �''TOTAL FEE: $720.00
i�
. •. •. . .
Description of Proposal: Amend Conditional Use Permit to allow outside storage.
Property Address or Location: 1850 Lake Drive West
Parcel #: 25-1640020 Legal Description: Lot 2, Block 1, Chanhassen Business Center 3rd Addition
Total Acreage: 6.30 Wetlands Present? ❑ Yes � No
Present Zoning: Planned Unit Development (PUD) Requested Zoning: Not Applicable
Present Land Use Designation: Office/Industrial Requested Land Use Designation: Not Applicable
Existing Use of Property: Contractor's Yard - DayCo Concrete
❑ Check box is separate narrative is attached.
�(:�f��1k.k�
• • � - � • � • • • •
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regardirg any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
�__ PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
` authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
..
��:
_:�;;1 v����-�
Name: L-� � " �.--� Contact: �
Address: ��-�L� E�� �2.�,�.,...= �� Phone: i,:; �'2_,- `���1- �����7 L�
City/State/Zip: � �L�_ �1��.-.... � � Cell:
� � �
Email: �� Lc� 'f�w � Lr�t:�x-Y_ - �c-,� Fax: �l S� - � �_• - �=c=�1 �
Signature: � ��-� �� --�Z..�-� Date: L!�--����• �s
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all
information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the
appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and
applicable procedural requirements.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER(if applicable)
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
. . . . .
Who should receive copies of staff reports? *Other Contact Information:
�-'Property Owner Via: �'�mail [�Mailed Paper Copy Name:
❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address:
❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip:
❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email:
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1850 Lake Drive West
Outside storage possibilities
Construction Equipment
Scaffold plus braces plus planks plus brackets
Tra ilers
Rebar
M ixe rs
Pods
Forklifts
Cages with or without concrete blankets
Concrete Forms
Hoppers
Road Barriers
Man Cage
CHANHASSEN BUSINESS CENTER
(PUD 91-4)
DEVELOPMENT STANDARDS Adopted 2/8/93
� Amended 8/10/09
a. Intent Amended 5/10/10
The puipose of this zone is to create a PUD light indust�•ial/office park. The use of the PUD zone
is to allow for lnore flexible design standar•ds while creating a higher quality and more sensitive
proposal. All utilities are required to be placed underground. Each lot proposed for development
shall proceed through site plan review based on the development standards outlined below.
Except as specifically provided herein, the subject property is subject to the requirements of the
IOP, Indush•ial Office Park District, zoning district, and the City Code supplemental and off
street parking requirements as may be amended. (8/10/09)
b. Permitted Uses
The pei�nitted uses in this zone should be limited to light indust�7a1, warehousing, and office as
defined below. The uses shall be limited to those as defined herein. If there is a question as to the
whether or not a use meets the definition, the City Council shall make that interpretation.
1. Light Industrial. The rnanufactur7ng, compounding, processing, asseinbling, packaging, or
testing of goods or equipment oi• research activities entirely within an enclosed structure, with
no outside storage. There shall be negligible impact upon the suirounding environment by
noise, vibration, smoke, dust or pollutants.
2. Warehousin�. Means the cominercial storage of inerchandise and personal property.
3. Office. Professional and business office, non-retail activity.
c. Setbacks
In the PUD standards, there is the requil•ement for landscape bufferulg in addition to building and
parking setbacks. The landscape buffer on Audubon Road is 50 feet, south of Lake Drive and
100 feet along the southern propei-ty line. The PUD zone requues a building to be setback 50
feet from the i•equired landscape buffer and public r•ight-of-ways. There is no minimum
requu•ement for• setbacks on interior lot lines.
1
The following setbacks shall apply:
Building Parking
Audubon Road Buffer& Setback 50'plus 50' S0'plus 10'
South PI•operty Line & Setback 100"plus 50' 100'plus 10'
Front &Rear ROW on Lake Drive 25' 15'
Interior Side Lot Line 10' 10'
Railroad Right of Way 30' 30'
Audubon Road north of Lake Drive 50' 20'
d. Development Standards Tabulation Box
Existing Developed Sites
Block Lot# Lot Acres Bldg Sq. Ft. Bldg Coverage Impeivious
1 1 2.00 5,500 6.3% 45% (47.7% on
4/16/14)
2 1 10.00 22,000 5.1% 16%
Subtotal 12.00 27,500 avg. 5.7% avg. 30.5%
Chanhassen Business Centei•4th and St�' Additions (Outlot D)
Lot# Lot Size - Acres Building Sq. Ft. Building Impervious
Coverage
Lot 1, Block l, 2.66 57,000 29% 60%
CBC 4th
Lot 1, Block 1, 1.91 19,100 23% 55%
CBC St''Add.
Lot 2, Block 1, 2,93 24 900 20% 65%
CBC St�'Add. '
Subtotal 7.5 101,000 avg. 27% avg. 60%
(8/10/09)
2
Thii•d Addition (Outlot A)
Lot # Lot Size - Acres Building Sq. Ft. Building Impervious
Coverage
1 5.95 30,000 12% 30%
2 6.13 36,000 13% 35% i
3 6.14 69,000 26% 67% I�
4 5.47 75,000 31% 79%
5 5.39 75,000 31% 78%
Road 2.82
Subtotal 31.90 283,000 avg. 22.6 avg. 58.5
Chanhassen Business Center Second Addition
Lot# Lot Size-Acres Building Sq. Ft. Building Impervious
Coverage
1 3.56 40,000 26% 67%
2 1.55 17,000 26% 65%
3 1.81 19,000 24% 63%
4 2.68 34,000 29% 76%
5 2.42 29,000 28% 72%
6 2.74 27,000 23% 59%
7 2.16 26,000 28% 72%
Road 1.60 67%
Subtotal 18.52 192,000 26% 68%
TOTAL 93.02 603,500 23% 60%
The average hard surface coverage does not include Outlot A. The PUD standard for hard
surface coverage is 70% foi•office and industrial uses. The proposed development meets this
standard with an average of 62%hard surface coverage.
3
Building Square Footage Breakdown ��,
o '
Office 20/0 120,700 sq. ft.
Manufacturing 25% 150,875 sq. ft.
Warehouse 54.09% 326,425 sq. ft.
Chut•ch 0.91% 5,500 sq. ft.
Total 100% 603,500 sq. ft.
e. Building Materials and Design
1. The PUD requires that the development deinonstrate a higher quality of architectural
standards and site design. All mechanical equipment shall be screened with material
compatible to the building.
2. All materials shall be of high quality and dui-able. Masonry material shall be used. Color shall
be introduced tlu-ough colored block oi-panels and not painted block.
3. Brick may be used and must be approved to assure unifoimity.
4. Block shall have a weathered face or be polished, fluted, or broken face.
5. Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured or
coated.
6. Metal siding will not be approved except as support mater•ial to one of the above materials or
curtain wall on office components or, as trim or as HVAC screen.
7. All accessory st��uctures sha11 be designed to be compatible with the pi-imaiy structui•e.
8. A11 roof inounted equipment shall be screened by walls of compatible appeariilg matel-ial.
Wood screen fences ai•e prohibited. All exterior process machineiy, tanks, etc., are to be fully
screened by compatible matei7als.
9. The use of la�•ge unadorned, pl-estressed concrete panels and concrete block shall be
prohibited. Acceptable inatei-ials will incorporate textured surfaces, exposed aggregate
and/or other patterning. All walls shall be given added arcllitectural interest through building
design or appropriate landscaping.
10. Space for recycling shall be provided in the interior of all principal structures for all
developments in the Business Center.
4
f. Site Landscaping and Screening
1. All buffer landscaping, including boulevard landscaping, included in Phase I a1•ea to be �
installed when the grading of the phase is completed. This may well result in landscaping ,
being required ahead of individual site plan approvals but we believe the buffer yard and �
plantings, in particula��, need to be established unmediately. In addition, to adhere to the ,
higher quality of development as spelled out in the PUD zone, all loading areas shall be '
screened. Each lot for developinent shall submit a separate landscaping plan as a part of the
site plan review process.
2. All open spaces and non-parking lot surfaces shall be landscaped,rockscaped, or covered
with plantings and/or lawn material.
3. Storage of inaterial outdoors is prohibited unless it has been approved under site plan i•eview.
All appz•oved outdoor storage must be sci-eened with masoniy fences and/or landscaping.
3. The master landscape plan for the CBC PUD sha11 be the design guide for all of the specific
site landscape developinents. Each lot must pi-esent a landscape plan for approval with the
site plan review process.
4. Undulating or angular berms 3' to 4' in height, south of Lake Di-ive along Audubon Road shall
be sodded oi- seeded at the conclusion of Phase I grading and utility construction. The required
buffer landscaping may be installed increinentally, but it shall be required where it is deemed
necessary to screen any proposed developinent. All required boulevard landscaping shall be
sodded.
5. Loading areas shall be sci-eened fi•oin public right-of-ways. Wing wall inay be required where
deemed appropriate.
g. Signage
l. All freestanding signs be limited to monument signs. The sign shall not exceed eighty(80)
square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment
is an element of the architecture and thus should reflect with the quality of the development.
The signs should be consistent in color, size, aild material tlu•oughout the development. The
applicant should submit a sign package for staff review.
2. Each pi-operty shall be allowed one monument sign located near the driveway into the private
site. All signs require a separate pei7nit.
3. The signage will have consistency throughout the developinent. A common theme will be
introduced at the developinent's entrance monument and will be used throughout.
4. Consistency in signage shall relate to color, size, materials, and heights.
5
h. Lighting
1. Lighting for the interior of the business center should be consistent throughout the
developinent. The applicant's proposal is consistent with the lighting standards for the PUD �
oi•dinance. The plans do not provide for street lighting. As with previous industrial ,
parks/i-oadways, the City has required the developer to install street lights throughout the ;
street system. The street lights should be designed consistent with the existing lighting along
Audubon Road.
2. A decorative, shoe box fixture (as specified by City Code)with a square ornamental pole shall
be used throughout the development ai-ea for area lighting.
3. Lighting equipinent siinilar to what is mounted in the public street right-of-ways shall be
used in the private areas.
4. All light fixtur-es shall be shielded. Light level for site lighting shall be no more than 1/2
candle at the property line. This does not apply to street lighting.
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G:APLAN�2009 Planning Cases\09-08 Chanhassen Business Center PUD Au�endment&Subdivision\CHANHASSEN BUSINESS CENTER
DESIGN STANDARDS.doc
6
C71--- �.._ Gc�)'f`'
. ,. � - � — _ � -- - --
Document N0. OFFICE OF THE
REGISTRAR OF TITLES
T 133213 CARVER COUNTY, MINNESOTA
Check# 10728 Fee: $ 21.00
Cert,# 27472 Vol.84 Page 160
Certified and filed on 01-21-2003 at 09:30 �AMD PM
2UO3-01-21 �
Carl VU, Hanson, Jr.
Registrar of Titles
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
(�'(]Ni�TTinNAT,iT.�F.PF,RMTT#2b01.?.
1. _L'ermit. Subject to the terms and conditions set forth herein, the City of
Chanhassen hereby grants a conditional use pernut for the following use:
DayCo Concrete Company, Inc. to develop within the Bluff Creek Uverlay District with a 15 foot
vat7ance #'z�om the 40 foot building setback requirement of the Bluff Creek Overlay district and for
development within the Bluff Creek Overlay district primary zone and to operate a contractor's
yard.
2. Prn.� The perznit is for the following described property{"subject property")in
the City of Chanhassen, Carver County,Minnesota:
Lot 2,Block 1, Chanhassen Business Center 3rd Addition
3. r�nri;ti�n�_ The�ermit is issued subject to the following conditions:
a. The developer shall enter into a site plan agreement for the property.
b. No outside storage of materia] or equipment shall be permitted.
c. The boundaries of the Bluff Creek Overlay District primary and secondary
corridors shall be shown on the grading plan.
d. The retaining wall must be]ocated outside the Bluff Creek Overlay district
primary zone.
4. Terminatinn �f P�rmit. The City may revoke the permit following a public hearing
for violation of the terms of this permit.
5._ La��. If within one year of the issuance of this permit the authorized constnzction
has not been substantially completed or the use commenced, this permit shall lapse, unless an
extension is granted in accordance with the Chanhassen Zoning Ordinance.
�C�I�tJE�
� y w I • � �
� C"riminal Penaltv. Violation of the terms of this conditional use pernut is a criminal
misdemeanor.
Dated: A�'.g�s 1'�,�
CI'TY OF CHANHASSEN
B � '�
Lir�da C.3ansen, yor
By: �c��
Todd Gerhardt,City Manager
STATE OF MINNESOTA )
(ss
COUNTY�F CARVER )
The foregoing insriument was acknowledged before me this�� day of ��
2001, by Linda C. Jansen, Mayor and Todd Gerhardt, City Manager, of the City of hanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Councii.
otary bl'
DRAFTED BY:
City of Chanhassen ����D�������"���
690 City Center Drive
`i� , KqREN �. ENGELHARD7
�
Chanhassen,MN 55317 �,�d� Notary Public-Minnesota
,:,
{952) 937-1900 ,��n� -i�� •,..',; �:-";:.:,,'.�;,.
,. , ';�.�• ,,,. .. , �.''.
, .
CITY(�F CHANHASSEN
SITE PLAN PERMIT 2001-5
SPECIAL PROVISIONS
AGREEMENT dated May 24, 2002, by and between the CITY OF CHANHASSEN, a
Minnesota municipal coiporation, (the "City"), and DayCo Concrete Company, Inc. (the
"Developer").
1. Request for Site Plan ApprovaL The Developer has asked the City to approve a
site plan for a 25,139 5q. ft. officeJwarehouse building (Phase � of a corporate headquarters site
(refen•ed to in this Pez•mit as the "project"). The land is legally described as Lot 2, Block 1,
Chanhassen Business Center 3rd Addition.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Peimii and furnishes the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans. T'he plans shall not be attached to this Contract. If the plans vary from
the written tei-ms of this Permit, the written terms shall control. The plans are:
Plan A—Site Plan dated April 12,200�, prepared by Lampert Architects
Plan B—Grading, Dr�inage, and Utility Plan dated April 29, 2002, by prepared Weststwood
�����,
1 ����,
�����
��
�������
, , ,
Professional Services,Inc.
Plan C—Landscaping Plan dated April 29,2002,prepared by All Seasons Landscape
4. Time of Performance. The Developer shall install all required screening and
landscaping by December 1, 2002. 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 refleci 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
$5,000.00 ($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. 1�'otices. 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 Dev�loper by registered
mai] at the follc�wing address: Mr. David Brockpahler
LDW Properties
1340 Park Road
Chanhassen, MN 55317
Notices to the City shall be in «�riting and shall be either hand delivered to the City Manager, ar
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, Mittnesota 55317,
Telephone(952)227-1100.
2
7. 4ther Special Conditions.Approved Site Plan#2001-5 as shown on the plans
dated May 2, 20�1 and subject to the following conditions:
a. A separate sign pertnit application is required far the installation of signage. Wall
signage is permitted on only one elevation.
b. The retaining wal] shal] be located outside the Bluff Creek Overlay District Primary ',
Zone. '
c. A minimum 25 foot building setback shall be maintained from the Bluff Creek �I
Overlay District Pi�imary Zone. '
d. The applicant shall 'zncrease understory plantings along the north property line by
4 trees for a tatal of 20 and increase the number of understory plantings along the
west property line by 1 tree for a total of 13 trees.
e. A revised landscape plan that meets minimurn requirernents be submitted to the
city prior to building permit approval. The appiicant shall work with staff to
increase plantings along the south Property line. Transfenring from the east and
north is acceptable.
f. If these landscape peninsulas are less than 10 feet in width,then aeration tubing
shall be installed.
g. All ne�v landscaped areas shall have an irrigation system installed.
h. The developer shall work with staff to provide additiona] articulation to the north
half of the eastern building elevation. Tall arborvitae or evergreen landscaping is
an acceptable solution.
i. The applicant shall provide storm water calculations to demonstrate that the
existing pond has adequate capacity to accommodate storm water from this site.
j. The developer shall revise the storm sewer design to tie into the existing storm
manhole and pond inlet of the existing 48-inch storm sewer that runs along the
eastern property lane in order to minimize the number of pipes draining into the
storm water pond.
k. Park fees in the amount of$18,926.00 shall be paid at the time of building permit
approval.
1. The applicant shall i•eport to the City Engineer the location of any drain tiles found
during construction and shall relocate or abandon the drain tile as directed by the
City Engineer.
3
m. The applicant shall pravide detailed storm sewer sizing calculations for a 10-year,
24-hour starm event priar to building permit approval.
n. Silt fence adjacent to the existing pond and wetland on the north and west sides of
the site must be Type 3 heavy-duty.
o. Specify what kind of material is being used at the north and south parts of the
praposed building.
p. On the grading plan, add City Detail Plate Nos. 5215 and 5302. Also, show the
benchmark used for the site survey.
q. Revise the rock construction entrance to be 75 f�et in length as per City detail
plate#5301.
r. Add a 6-foot wide sidewalk along the west side of the drive entrance from the cul-
de-sac. Bituminous is acceptabie until phase II is corr�pieted. The applicant shall
escrow funds to instali a 6 faot sidewalk along the west side of the driveway
entrance from the cul-de-sac to be built within two years.
s. Show the most cun�ent version of City Detail Plate Nos. 1004 and 5207 on the
utility plan.
t. Remove the northerly 35 feet of the proposed retaining wall from the public
drainage and utility easement. !,
u. Add straw bale inlet filters around the two existing catch basins in Lake Drive
West.
v. Utilize the existing 8-inch sanitary stub on tl�e south side of the site.
w. Temporary bituminous curb is acceptable for two years. The applicant shall
escrow funds to install curb and gutter around the entire parking and drive area for
the site within two years from the building permit approval.
x. Replace the casting on the western-most catch basin in Lake Drive West with a
drive-over type grate.
y. Revise the plans to show the following:
a. The existing pond along with the NWL and HWL.
b. Existing street light locations in Lake Drive West.
z. The building is required to have an automatic fire extinguishing system.
aa. The building plans must be prepared and signed by design professionals licensed
4
in the State of Minnesota.
bb. Three (3) accessible parking spaces ar-e required for the 62 spaces provided.
cc. Detailed occupancy retailed requirernents will not be reviewed until complete
plans are submitted.
dd. Utility Plan: The HDPE pipe specified for the storm sewer requires an air test and '
rnust have watertight fittings. The sanitary sewer service into the building must I,
be schedule 40 pipe. ��
ee. The owner and or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit procedures.
ff. The 6-inch water service coming into the building will need a post indicator valve.
1999 NFPA 13 Section 5-14.1.1.8.
gg. In accordance with city policy please ensure that there is a lt�-foot clear space
around all fire hydrants, Siamese connection, post indicator valves, etc. on site.
8. Genexal Conditions. The general conditions of this Permit are attached as Exhibit
"A" and incorporated herein.
CITY OF CHANHASSEN
`� ��. �
B�:---____ �=" � �.�' ..,����--�
L'in�i C. Jansen yor
(SEAL)
�77� � / 5 -
t9 ✓
J !
A1VL. { °� V , �tw[
/ +:_...�.y.-
Tddd Gerhardt,Acting City Manager
DEVELOPER:
r� n
B . 1'��LS�-i_..� �,�-'�' `��--� .� � �� ,
C .��..�.. •�.,, -.�..C.��
ItS �'`'�-�'
5
ST�TE OP MINNESt�TA )
(ss
COUNTY OF CARVER )
The foregoing insti-ument was acknowledged before me this�ay of ,
2002, by Linda C. Jansen,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,
NO Y PUBLIC
,��/�hi�,�AIZIOJiAsr►ARR1�Af�d�
'� KAREN J. ENGELHRRD� �
� � �.
�;�x '� NotaryPublic-�ir,neSota �
a�.�s.,�
STATE OF MINNESOTA ) P�y Comr�fs�io,�ExGires tP3�12�5�,
�i'N'�b'�'d�'�'V51'b°�i"�.�'+f�/V�t'�
{5S.
COUNTY OFI��� ���'1�)
The foregoing instrument was acknowledged before me this::='�?day of ���`�� ,
.-� � ,�
2002 by � �% r,r' C�,.—�'-��t'%7G,r'�'/.r��i'
,�
L�-��� ,//,�-���,/�'?..�''C�,�..�✓'"��'%,�'i
�
s
.�•.
CARLA MARIE BROCKPAHLER■ NOTARY PUBLIC
�;;,� NOTkRY PUBUC—671NNESG7A
• My Commission Expires i�31•2005
� �ywv�^r,�^rwv.
DRAF"I'ED BY:
Ciry of Chanhassen
7700 Market Boulevard
Chanhassen,MN 55317
(952)227-1100
6
C'.nNSF.NT �
Owners of all oi• 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 agee to be bound by
the provisions as the same may apply to that portion Qf the subject property owned by them.
Dated this k�
.� day of 1 'f , 2002
� /� � `�
By_�, r�?� //l .��7"��'�'�J'7�1�� �I�l7� C�t,�'
.���
P ?� 72CC'�
STATE�F MINNESOTA )
(ss
COUN'I'Y OP�'��`-,a.��,•�J� )
The foregoing instrument was acknowledged before me this .��'da of
. y �� � '
2002, by s� �"/-'..,�� /� ���'...-��.;r�r�.,7`��-.� /�-�''�.,i'r���',�
, J
,
,- � , ,
l� ` ' '/�
z',?"-//� ��1�/.,� :.�� ,t�r_..'�
e ° f
,:�-,� CARLA MAR1E BROCKPAHLER NOTAR�PUBLIC
'� � IJOTARY PU9LiC—MINNESGTA
��`� tr1y G�mmission Expires 1-31-2005
�wv+v�.^.n.v�,•✓��^,�rJwvv.nvww�vv a
DRAFTED BY:
City of Chanhassen
7700 Marlcet Boulevard
Chanhassen,MN 55317
(952)227-1100
7
C"TTy (�F C'.HANH ��,f� SF.N
SITE PLAN PERMIT
EXHIBIT "A"
C',F.NFR AI.C't�NT)TTT(�N
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise 'I
disturb the earth, remove trees, construct improvements, or any buiidings until all the following
conditions have Ueen satisfied: 1) this agreement has been fully executed by Uoth pa�-ties 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 buiiding 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 apprQval which die shall be
promptly replaced.
3. License. The Developer hereby grants the City, ics agents, employees, officers and
contractors a license to enter the plat to perfonn 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 contrc�l 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 Uy the excavation and backfilling operations shall be reseeded forthwith after the
connpletion of the work in that area. Except as otherwise provided in the erosion control plan, seed
8
shall be certified seed to provide a temporary gi•ound cover as rapidly as possible. All seeded areas
shall be fertilized, rnulched, 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 camply with
the erosion control plan and schedule or supplementary instructions received from the City,the City
may take such action �s 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 na building pennits rvill 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 foi•erosion control,the City will authorize removal of the erosion control measui•es.
5. Clean up. The Developer shall maintain a neat and orderly wol-k site and shall daily clean,
on and off site, dirt and debris, including materials that have blown, from streets and the
surrounding a�•ea that has resulted fl•om construction work by the Developer,its agents or assigns.
6. Warranty. All trees, grass, and sod required in the �ppi-oved Landscaping Plan, Plan C,
shall be warranted to be alive, of good guality, 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 from a bank �r cash escrow with the City to secure the
warranties at the time of final acceptance.
7. Responsibility for Costs.
A. The Developer- shal3 hold the City and its officers and employees harmless from
claims made by itself and third parties f�r damages sustained or costs incurred
resulting from site plan approval and development. The Developei• shall indemnify
9
the City and its officers and employees for all costs, damages, or expenses which the
City may pay or incur in consequence of such claims,including attorneys'fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit,i�cluding engineering and attorneys'fees.
C. The Develo�hall pay in full all bills submitted to it by tt�e 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°Io per year.
8. Developer's Default. �r► 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 shal] not Ue necessary for the City to seek a Court order for permission to
entel•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, C'�nS , .ti�n Trailers. Placement of on-site construction trailers and temporary job
site of�ces 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. Pnstat �Prvi�P.The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request,
�, Thirc� Pa ;e�.Third parties shall have no recourse against the City under this Peimit.
10
D. Brea�h nf t-'nnrra�t. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits. ',
E• Sev .rahi�itv, If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid,such decision shall noi affect the
validity of the rernaining portion of this Contract.
F. �cc�i�nan . ,. 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 unkil the streets needed for access have been paved with a bituminous surface
and the utilities tested and approved by the city,
G. Waivers/AmencimPnr�. The action or inaction of the City shal] not constitute a
waiver oz•amendment to the provisions of this Contract.To be binding, amendments
or waivers shali 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 shal] not be a w�aiver or release.
H. B�r�ing. This Permit shall run wiih the land and may be recorded against the title
to the property.
I• B.�n�iies. Each right, pawer or r•ennedy herein conferred upon the City is
cumulative anci in addition to every other right, power or rernedy, express or
amplied, now or hereafter arising, available to City, at law or in equity, or under any
othei• agreemer�t, and each and every right, power and remedy herein set forth or
otherwise so existing may be exercised from time to time as often and in such �rder
as may be dee�ned expedient by the City and shall not be a waiver of the right to
exercise at any time thr.reafter any other right,power or remedy.
11
7, C'�n�t�•���tinn H�>>r�. The norrnal construction hours and maintenance of equipment
under this contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00
a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any
recognized legal holidays. Operation of all internal combustion engines used for
construction or dewatering purposes beyond the normal working hours will require
City Council approval.
I{, Snil Treatment S sty em�. (I�Tot applicable.)If soil treatment systems a�•e 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 3ot. This shal] be done prior to the issuance of a
Grading Permit. Any violation/disturbance of these sites shal] render them as
unacceptable and replacement sites will need to be located for each violatea site in
order to obtain a building permit. �,
L, C'��nlian����,�ith T atix�e,nrdinan . .�,.and RPgnlatinns. In the development of the site
plan the Developer shall comply with all laws, ordinances, and regulations of khe
following authorities:
1. City of Chanhassen;
2. State of Minnesota,its agencies,deparCments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government,its agencies, departments and commissions.
M. Prnnf �f Title. Upon request, the Developer shal] furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for
12
deed purchasers too enter into this Development Contract.
N. Snil C�nc�itinn�. The Developer acknowledges that the City makes no
representati�ns or warranties as to the condition of the soils on the property or its
fitness for construction of the ianprovements or any other purpose for which the
Developer may make use of such property, The Developer further agrees that it will I�,
indemnify, defend, and hold harmless the City, its governing body members, I
officers, and employees from any claims or actions arising out of ihe presence, if
any, of hazardous wastes or pollutants on the property, unless hazardous wastes ar
pollucants were caused to be there by the City.
O. Snil C'�rrectinn. The Developer shall be responsible for soil cozrection work on the
property, The City makes no representation to the Developer concerning the nature
of suitability of soils nor the cast c,f correcCing any unsuitable soil eonditions which
may exist.
13
CITY OF CHANHAS EN II'
S
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
May 7, 2015, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of Public Hearing for
Dayco Concrete CUP/SPA Amendments—Planning Case 2015-ll to the persons named on
attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner,
and depositing the envelopes addressed to all such owners in the United States mail with postage
fully prepaid thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate
records.
( � � �
!�� ,. `, � y� � � -_'.",�
, _.
` ��.vi�.-�_,z � '< � � _�; �.�t �'�
Kar�n J. Engelha�dt, Deputy Clerk
Subscribed and sworn to before me
this��day of `� �. , 2015.
`�. � �� -__
Notary Publ � _�
� KIM T. MEUWISSEN
� Natary Pubtic•Minneeot�
�„�y�N�pn�rplrH JM�01�'�9$0
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ABIR SEN AUTOBAHN MOTORPLEX LLC CHANHASSEN VENTURE LTD
3357 E CALHOUN PKWY 3615 ZIRCON LN N 1720 LASALLE ST #44
MINNEAPOLIS, MN 55408-3313 PLYMOUTH, MN 55446-2878 CHICAGO, IL 60614-5897
CONTROL PRODUCTS INC HIGHLAND DEVELOPMENT LLC J & R INVER GROVE HEIGHTS LLC
1724 LAKE DR W 5550 ZUMBRA LN 3209 GALLERIA UNIT 1804
CHANHASSEN, MN 55317-8580 EXCELSIOR, MN 55331-7714 MINNEAPOLIS, MN 55435-2546
JAMIE VIG JOHN R STROM LDW PROPERTIES LLC
2295 REDWING DR 8401 STONE CREEK DR 1850 LAKE DR W
SHAKOPEE, MN 55379-2995 CHANHASSEN, MN 55317-7422 CHANHASSEN, MN 55317-8585
LYNN M GOSSFELD NATHAN SLINDE PATRICK KLETT
8377 STONE CREEK DR 8381 STONE CREEK DR 8345 STONE CREEK DR
CHANHASSEN, MN 55317-7414 CHANHASSEN, MN 55317-7417 CHANHASSEN, MN 55317-7417
PETER & LEAH SWARTZBAUGH SOUTHBOUND INVESTMENTS LLC TWIN CITIES &WESTERN RAILROAD
8369 STONE CREEK DR 1674 LAKE DR W 2925 12TH ST E
CHANHASSEN, MN 55317-7417 CHANHASSEN, MN 55317-4713 GLENCOE, MN 55336-3368
U S POSTAL SERVICE
6800 W 64TH ST#100
OVERLAND PARK, KS 66202-4171
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
CONDITIONAL USE PERMIT #2001-02
Amended and Restated June 8, 2015 —Planning Case #2015-11
l. Permit. Subject to the tei�ns and conditions set forth herein, the City of Chanhassen hereby
grants a conditional use peimit for the following use:
DayCo Concrete Company, I�lc. to develop within the Bluff Creek Overlay District with a 15-
foot variance from the 40-foot building setback requireinent of the Bluff Creek Overlay
District and for developinent within the Bluff Creek Overlay Disti-ict pi7mary zone and to
opei•ate a contractor's yard.
2. Pro er . The permit is for the following described property("subject property") in the City of
Chanhassen, Caiver County, Minnesota:
Lot 2, Block 1, Chanhassen Business Center 3rd Addition
3. Conditions. The per�nit is issued subject to the following conditions:
a. The developer shall enter into a site plan agreement for the property.
b. Outdoor storage is prohibited unless it has been approved under site plan review.
1) No unlicensed or inoperable vehicle/equipment shall be stored on the premises.
2) Outdoor storage is limited to construction equipment outlined in Planning Case
#2015-11.
3) The applicant shall work with city staff to coinplete full screening of the outdoor
storage space through landscaping.
4) Matei-ials shall be free of concrete.
5) No cleaning or maintenance of equipment can occur in this area.
c. The boundaries of the Bluff Creek Overlay District priinary and secondary coi7•idors shall
be shown on the grading plan.
d. The retaining wall must be located outside the Bluff Creek Ovei-lay district primary zone.
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4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the tei�ns of this pei�nit.
5. Lapse. If within one year of the issuasice of this permit the authorized const�-uction has not
been substantially completed or the use cormnenced, this pennit shall lapse,unless an extension
is gi'anted in accordance with the Chanhassen Zariing Ordinance.
6. Criminal Penalty. Violation of the tenns of this conditional use permit is a criminal
misdeineanor.
Dated: June 8, 2015
CITY OF CHANHASSEN
By:
Denny Laufenburger, Mayoi•
By:
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instiument was acknowledged before me this day of ,
2015,by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager of the City of Chanhassen, '
a Minnesota municipal coiporation, on behalf of the corporation and pursuallt to authority granted �
by its City Council. ����
Notaiy Public
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
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