Approval Letter 08-03-2015CITY OF
7700 Market Boulevard
PC Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 9522227110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.2221160
Fax: 952.227.1170
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
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Website
www.d.chanhassen.w.us
August 3, 2015
Mr. Randy Rauwerdink
Venture Pass Partners, LLC
19620 Waterford Court
Shorewood, MN 55331
Re: Chanhassen Specialty Retail / Villages on the Ponds I I' Addition
Planning Case #2015-17
Dear Mr. Rauwerdink:
This letter is to formally notify you that on July 27, 2015, the Chanhassen City Council
adopted the following four motions:
Approve preliminary and final plat for Villages on the Ponds 11' Addition, Planned
Unit Development Amendment and Site Plan for the Chanhassen Specialty Retail
Store as shown in Plans dated received June 18, 2015 and subject to the following
conditions and adoption of the attached Findings of Fact and Recommendation:
1. SUBDIVISION
Park
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall
be collected as a condition of approval for the proposed plat of Lot 1, Block 1,
Villages on the Ponds l lei Addition. The park fees will be collected in full at the
rate in force upon final plat submission and approval. Based upon the current
commercial park fee rate of $12,500 per acre, the total park fees would be $33,875.
En sneering
The plat must be revised to include a 10 -foot wide perimeter drainage and utility
easement on Lot 1, Block 1.
2. The fees collected with the final plat are: $54,610.02 Surface Water Management
fee, $33,875 Park Dedication fee, and the $55 GIS fee ($25 for the plat + 3
parcels @ $10/parcel).
3. City water (WAC), city sewer (SAC) and Metropolitan Council sewer (Metro
SAC) fees will be collected with the building permit and will be calculated based
on the uses within the building.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mr. Randy Rauwerdink
August 3, 2015
Page 2
Water Resources
1. An estimated $54,610.02 in storm water utility connection charges shall be due at final plat.
2. The property owner shall execute and record against the property a maintenance agreement
in a format provided by the city for the pervious pavement, underground filtration, sump
manholes and Contech JellyfishTm Filter.
3. The applicant shall apply for and procure all other necessary permits.
2. SITE PLAN
En sneering
1. Based on the proposed grading on the north side of site the grading plan may require some
revisions in order to maintain drainage from the existing improvements to the north.
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.
d. Provide a 1:200 scale drawing of subdivision.
e. The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Fire Marshal
1. Provide a three-foot clear space around fire hydrants.
2. Yellow -painted curb and "No Parking Fire Lane" signs will be required. Applicant shall
contact Fire Marshal for specific locations.
3. No P.I.V. (post indicator valve) will be required.
Natural Resource Specialist
1. The interior width of all islands must be a minimum of 10 feet.
2. A total of 13 trees must be planted within the vehicular use area.
Mr. Randy Rauwerdink
August 3, 2015
Page 3
Planning:
1. 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.
2. The street/sidewalk lights along Main Street have to be preserved and operational when the
site construction is completed.
3. Approval of the site plan is contingent upon approval of the Planned Unit Development
amendment and Subdivision.
4. The light poles may not exceed 20 feet in height.
5. All Wall Packs (WPI) shall be replaced with Wall Packs (WP2).
Water Resources
1. The Surface Water Pollution Prevention Plan with all elements required by the NPDES
Construction Permit shall be prepared and supplied to the city for approval prior to any earth -
disturbing activities.
2. Proof of the NPDES Construction Permit having been procured by the applicant shall be
supplied to the city prior to any earth -disturbing activities.
3. A dewatering plan, specific to the existing pond, shall be prepared and submitted to the city
for review and approval prior to any earth -disturbing activities.
4. Areas immediately tributary to the pervious pavement, including disturbed areas behind the
back of curb, must be stabilized within 24 hours of construction of the pervious pavement
areas.
3. PLANNED UNIT DEVELOPMENT AMENDMENT
"The City Council approves the Planned Unit Development amendment in the attached
ordinance for Villages on the Ponds to allow signs to be placed higher than 20 feet within Sector
I, and for the size of letters to be increased to 48 inches along the west and north elevations as
shown below (amendments are shown in bold), and including the attached Findings of Fact and
Recommendation:
Wall Signs
1. The location of letters and logos shall be restricted to the approved building sign bands, the
tops of which shall not extend greater than 20 feet above the ground. In Sectors I and II,
sign height may be increase based on the criteria that the signage is compatible with and
complementary to the building architecture and design. The letters and logos shall be
restricted to a maximum of 30 inches in height except along the north and west elevations for
buildings within sectors I and II. These letters may be increased to 48 inches. All
Mr. Randy Rauwerdink
August 3, 2015
Page 4
individual letters and logos comprising each sign shall be constructed of wood, metal, or
translucent facing.
2. If illuminated, individual dimensional letters and logos comprising each sign maybe any of
the following:
a. Exposed neon/fiber optic,
b. Open channel with exposed neon,
c. Channel Letters with acrylic facing,
d. Reverse channel letters (halo lighted), or
e. Externally illuminated by separate lighting source.
3. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's
proper name and major product or service offered. Corporate logos, emblems and similar
identifying devices are permitted provided they are confined within the signage band and do
not occupy more than 15% of the sign area unless the logo is the sign.
4. Within Sectors I and II, architecturally, building -integrated panel tenant/logo sign may be
permitted based on criteria that the signage is compatible with and complementary to the
building design and architecture. Architectural elements specifically created to increase
signage height are prohibited.
5. Backlit awnings are prohibited."
Attached is a Site Plan Agreement for you to sign and return with the security in order for the
document to be recorded.
Please refer to the enclosed checklist which stipulates all of the submittal requirements for
recording the final plat and associated documents.
If you have any questions, please call me at (952) 227-1134 or e-mail me at
saij affna,ci.chanhassen.mn.us.
Sincerely,
r
Sharmeen Al-Jaff
Senior Planner
Enclosures
c: Northcott Company, 250 Lake Drive East, Chanhassen, MN 55317
ec: Stephanie Smith, Project Engineer
Jerry Mohn, Building Official
gAplan\2015 planning cases\2015-17 chanhassen specialty retail -total wine\approval letter.doc
ITEMS REQUIRED FOR FINAL PLAT RECORDING
The following items are required to be submitted for recording of the following plat and associated
documents:
VILLAGES ON THE POND 11TH ADDITION
Two signed Final Plat Mylars ("Official Cop ' and "City Copy')
Three 1" = 200' scale paper copy of the final plat (for Carver County)
One, 1" = 200' scale mylar reductions of the final plat
One, 1" = 200' scale mylar reductions of the final plat (with street names and lot and
block numbers only)
Mortgage Holder Consent to Plat
Quit Claim/Warranty deed (if deeding an outlot to the City)
SWMP Fee: $54,610.02
Park Fee: $33,875.00
GIS fee ($25 for the plat + 3 parcels @ $10/parcel): $55.00
Digital copy of the final plat in .dxf and .tif formats (.pdf compatible) in Carver
County coordinates
Digital copy of the HydroCAD model.
The following must be done before the plat can be filed:
Current year property taxes must be paid in full and any delinquent property taxes or
green acres taxes must also be paid.
A copy of the title commitment or deed must be provided if the developer has closed
on the property recently since County records will not likely be updated.
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2015-17
CHANHASSEN SPECIALTY RETAIL
SPECIAL PROVISIONS
AGREEMENT dated July 27, 2015, 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 Chanhassen Specialty Retail, a 19,909 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 1 Ph 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 Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15.
Plan B: Grading Plan prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15.
Plan C: Landscape Plan prepared by Tushie Montgomery Architects, dated 06/05/15 revised
06/18/15.
Plan D: Utility Plans prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15.
Plan E: Erosion Control Plan — Phase I, prepared by Sambatek, dated 06/01/15 revised 06/05/15
and 06/18/15.
Plan F: Erosion Control Plan — Phase II, prepared by Sambatek, dated 06/01/15 revised 06/05/15
and 06/18/15.
Plan G: Floor Plan prepared by Tushie Montgomery Architects, dated 06/05/15 and 06/18/15.
Plan H: Site Lighting Plan prepared by Tushie Montgomery Architects, dated 06/05/15 and
06/18/15.
Plan I: Roof Plan prepared by Tushie Montgomery Architects, dated 06/05/15 and 06/18/15.
Plan J: Exterior Elevation Plan prepared by Tushie Montgomery Architects, dated 06/05/15 and
06/18/15.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 1, 2016. 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.
PROCEDURESFOR
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 19,909 square -foot,
one-story specialty subject to the following conditions:
En ingi eering
1. Based on the proposed grading on the north side of site the grading plan may require some
revisions in order to maintain drainage from the existing improvements to the north.
Buildine
1. The buildings are required to have automatic fire extinguishing systems.
2
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Detailed occupancy -related requirements will be addressed when complete building plans are
submitted.
4. Provide a 1:200 scale drawing of subdivision.
5. The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Fire Marshal
1. Provide a three-foot clear space around fire hydrants.
2. Yellow -painted curb and "No Parking Fire Lane" signs will be required. Applicant shall
contact Fire Marshal for specific locations.
3. No P.I.V. (post indicator valve) will be required.
Natural Resource Specialist
1. The interior width of all islands must be a minimum of 10 feet.
2. A total of 13 trees must be planted within the vehicular use area.
Plannine:
1. 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.
2. The street/sidewalk lights along Main Street have to be preserved and operational when the
site construction is completed.
3. The light poles may not exceed 20 feet in height.
4. All Wall Packs (WPI) shall be replaced with Wall Packs (WP2).
Water Resources
1. The Surface Water Pollution Prevention Plan with all elements required by the NPDES
Construction Permit shall be prepared and supplied to the city for approval prior to any earth -
disturbing activities.
2. Proof of the NPDES Construction Permit having been procured by the applicant shall be
supplied to the city prior to any earth -disturbing activities.
3. A dewatering plan, specific to the existing pond, shall be prepared and submitted to the city
for review and approval prior to any earth -disturbing activities.
4. Areas immediately tributary to the pervious pavement, including disturbed areas behind the
back of curb, must be stabilized within 24 hours of construction of the pervious pavement
areas.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
91
CITY OF CHANHASSEN
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _day of , 2015, by Denny
Laufenburger, 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.
(SEAL)
STATE OF MINNESOTA )
(ss.
COUNTY OF )
NOTARY PUBLIC
POND PROMENADE VENTURES, LLC
RN
Its
The foregoing instrument was acknowledged before me this
2015 by
of Pond Promenade Ventures, LLC.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
the
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, Plans E & F, 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 attomeys' 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 job site
offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this 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. Recordine. 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 arising,
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
a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such
activity allowed on Sundays or any recognized legal holidays. Operation of all internal
combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly
identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot.
This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of
these sites shall render them as unacceptable and replacement sites will need to be located
for each violated site in order to obtain a building permit.
L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers too
enter into this Development Contract.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the property or its fitness for construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify, defend, and hold harmless
the City, its governing body members, officers, and employees from any claims or actions
arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless
hazardous wastes or pollutants were caused to be there by the City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
N
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 , 2015
:A
STATE OF MINNESOTA )
(ss
COUNTY OF 1
The foregoing instrument was acknowledged before me this day of
2015, by
DRAFrED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
0
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 2015.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2015, by , the
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
g:\plan\2015 planning cases\2015-17 chanhassen specialty retail -total wine\site plan agreement.doc
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