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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 10 of