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78-04 - 7900 Monterey Dr SPR pt 1CITY OF CHANHASSEN HANSEN & KLINGELHUTZ CONSTRUCTION, INC. VARIANCE CONTRACT FOR BUILDING AT BUILDING AT 1PIC-HA DRIVE AND MANDAN DRIVE WHEREAS, application has been made by Hansen & Klingelhutz Construction, Inc., a Minnesota corporation, as the developer of a tract of land lying within the City of Chanhassen, and more particularly described on Exhibit A attached hereto and made a part hereof; and by West I Properties, a partnership consisting of Jeffery E. Swedlund, Roxanne Swedlund, Douglas M. Hansen, Beverly J. Hansen, Thomas A. Klingelhutz, Catherine M. Klingelhutz, and Robert 0. Nyen-, as the proposed owner and operating entity of a 19,000 square foot combina- tion office/warehouse/light manufacturing building, hereinafter referred to as "The Building", to be constructed upon the above described tract of land. (Said corporation and said partnership are hereinafter referred to collectively as "The Applicants"); and WHEREAS, the subject property is presently zoned I-1, Industrial District; and WHEREAS, the Applicants have requested certain variances from the literal provisions of applicable Chanhassen Ordinances; and WHEREAS, §462.357, Subd. 6 of Minnesota Statutes, and §22.02 of the Chanhassen Zoning Ordinance authorize the Chanhassen City Council to impose conditions upon the granting of such variances to insure compliance and to protect adjacent properties; and WHEREAS, a public hearing was held by the Chanhassen Board of Adjustments and Appeals on July 6, 1978 to consider public comment on said variance requests; and WHEREAS, the Chanhassen City Council has, by its resolution dated June 12, 1978, approved the development plans and certain variance requests of the applicants, as hereinafter described in Paragraph 2, subject only to the issuance by the Chanhassen Board of Adjustments and Appeals of a recommendation that certain variances be approved; and WHEREAS, the Chanhassen Board of Adjustments and Appeals, by its resolution dated July 6, 1978, approved,the proposal of the Appli- cants as hereinafter set forth; and WHEREAS, the above described resolutions were adopted subject to and on condition that the applicants enter into this variance contract; and WHEREAS, the Chanhassen City Council has determined that the proposed development as described herein substantially complies with the standards set forth in the second full paragraph of §22.02 of the Chanhassen Zoning Ordinance; -1- '~t NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City") of the Applicants' development plans and the approval of the above described variance requests, the City and the Applicants agree as follows: 1. Improvements by Applicants. Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the site plan and landscape plan described in paragraph 2 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot areas and access driveways, except the western edge whereon a rolled bituminous curb shall be installed, C. storm and surface water drainage, d. boulevard sodding or seeding of uniformly good quality, and e. grounds lighting. 2. Scope of Development Governed by Exhibits. The exterior dimensions, architectural design, decorating scheme, grading plan, loading dock configuration, and placement of structures shall be in. conformance with that certain Site Plan dated April, 1978, Site Plan dated May, 1978, Landscape Plan dated April, 1978, undated Ground Floor Plan, undated Exterior Elevation Drawing, Street Construction Plan dated April 13, 1978 as revised by the City Engineer on April 21, 1978, and Storm Drainage Plan dated April 13, 1978 as revised by the City Engineer on April 21, 1978, all of which are on file in the office -of the Chanhassen Zoning Administrator in File P-481. The building shall be constructed of stacked square block except for a decorative band of vertical fracture block creating a relief effect shadow line. Said block shall be painted in tones of gray or white. The canopies depicted on said elevation drawings shall project outward six (6) feet and night lights shall be provided to illuminate all entrances to the Building. 3. Effect of Conflictinq'Ordinance Provisions. The parties hereto acknowledge that the development as described in paragraph 2 above conflicts with the literal provisions for setbacks, load dock con- figuration, front yards, side yards, and rear yards contained in SS12.05, 12.08 and 9.07 of the Chanhassen Zoning Ordinance. The parties hereto furtheracknowledge that, in accordance with the above described resolutions of the Chanhassen Board of Adjustments and Appeals and -the City Council, the proposed development may be constructed in conformity with the various plans which are described in paragraph 2, above. 4. Outside Storage Prohibited. With the exception of trash facilities as hereinafter provided, and with the exception of licensed vehicle parking as hereinafter provided, no equipment or .other personal property shall be stored or displayed outside of the building. -2- 5. Overnight Parking Requirements. No motor vehicle of larger than 9000 lbs. licensed gross weight shall be parked overnight except in parking spaces #39-58 as shown on parking layout dated 5/78. This area shall permit overnight parking for larger licensed vehicles not to exceed 8' x 24'. Applicant agrees.to review parking within the designated area (parking spaces 39-58) on or about November 1, 1979; and further agrees that in no case shall boats be parked (stored) on the property, and that parking within the designated area shall be tenant oriented parking only. 6. Parking Lot Configuration. Off-street parking facilities shall be constructed in accordance with the Site Plan described in Paragraph 2 above with the following modification: a. All parking spaces shall be clearly delineated or marked as such and shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet exclusive of aisles and maneuvering space. b. A clear aisle width of at least eighteen (18) feet shall be provided for all parking spaces located easterly of the building. 7. Schedule of Work. The Applicants further agree that they shall commence work hereunder immediately, and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before August 1, 1979. The Applicants shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. 8. Grading Plan and Lighting Plan. No Certificate of Occupancy shall be issued and the Applicants shall not occupy the building until the Applicants' final grading plan has been reviewed by City staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions, of the within permit and contract. Said final grading plan shall include existing contours, proposed grading elevations, drainage configurations, storm water drainage configurations, spot elevations, proposed access driveway road pk.ofiles, location and candlepower of all illuminaries, and locations of exterior trash storage areas. 9. Sign Plan. The Applicants agree to prepare and submit to the City a sign plan, which shall include location, type and dimensions of all proposed exterior signs. No exterior signs shall be erected and no sign permit shall be issued until after said sign plan has been reviewed by the City for purposes of verifying that said sign plan is in conformity with applicable city ordinances. -3- 10. Landscape Plan. The Applicants agree to prepare and submit to City staff a final landscape plan which shall include location, type and diameters of proposed plantings, description of and locations of all screening devices, and location and elevation of proposed berms. No landscaping permit shall be issued and the Applicants shall perform no landscaping until after said landscape plan has been reviewed by City staff for purposes of verifying that said landscape plan is in conformity with all of the provisions of the within contract. 11. Reimbursement of Costs. The Applicants shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the administration and enforcement of the with- in contract, and the performances thereof by the Applicants. 12. Performance Bond. For the purpose of assuring to the City that the improvements to be by the Applicants constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Applicants shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Applicants agree to furnish to the City a cash deposit in the amount of $15,000.00 or in lieu thereof, a corporate surety bond in said amount approved by the City and naming the City asobligee thereunder, being conditioned upon the performance by the Applicants of their obligations hereunder, said sum being equal to 110% of the total cost of such improvements as estimated by Schoell & Madson, Inc., the City Engineers. 13. Public Welfare. The establishment, maintenance and operation of the use shall not be detrimental to, nor endanger the public health, safety, comfort or general welfare. 14. Screening. All trash areas, mechanical equipment, compressors and air conditioning equipment, including roof top equipment, shall be screened from view from West 78th Street, Mandan Drive, and Pich4 Drive. 15. Nuisance. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause objectionable noise. The proposed use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values in the immediate vicinity. 16. Public Address System. No public address system or other audio paging system shall be utilized on the subject property which emits noise in excess of the standards set forth in the Chanhassen zoning Ordinance and all regulations amendatory and supplementary thereto, which standards shall be binding upon the Applicants. 17. Other Regulations._ The Applicants shall comply with all City Ordinances, state laws, and regulations of state agencies and depart- ments. -4- 18. Proof of Title. Upon request, the Applicants shall furnish the City with evidence satisfactory to the City that they have acquired fee title to the subject property. 19. Erosion Control_. The Applicants, at their expense, shall provide temporary dams, earthworks, or such other devices and practices, including the seeding or sodding of graded areas, as shall be needed, in the judgment of the City Engineer, to prevent the washing, flooding, sedimentation or erosion of lands and roads within and outside the sub- ject property during all phases of construction. Applicants shall keep all streets free of all dirt and debris resulting from construction by the Applicants or their agents upon the lands described in Exhibit A hereto. 20. Disclaimer b; City_. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Applicants, the Applicants' contractors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agree- ment or the performance and completion of any work and improvements hereunder; and that the Applicants will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements and expenses of defending the same. 21. Written Work Orders. The Applicants shall do no work nor furnish materials for which reimbursement is expected from the City unless a written order for such work or materials is received from the City Manager. Any such work or materials which may be done or fur- nished by the Applicants without such written order first being given shall be at its own risk, cost and expense, and Applicants hereby agree that without such written order, Applicants will make no claim for com- pensation for work or materials so done or furnished. 22. Liability Insurance. The Applicants shall take out and main- tain, until the time of completion of the Building and the improvements described in Ill above, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants' work or the work of their subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Applicants shall file a copy of the insurance coverage with the City. 23. Remedies Upon Default. a. In the event the Applicants shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have cured within ten (10) days after receipt by the Applicants of written notice thereof, the City, if it so elects, may cause any of the improvements described in Ill above to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, -5- legal, and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Applicants agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. App- licants further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Applicants' real property described on Exhibit A for any amount so unpaid, and the City shall have the right to fore- close said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. b. In addition to the foregoing, the City may also institute legal action against the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements. In the event of an emergency, as determined by the City engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the Applicants shall reimburse the City for any expense incurred by the City in remedying the condi- tions creating the emergency. C. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within variance contract, to restrain or abate violations of the within variance contract, or to prevent use or occupancy of the proposed Building. 24. Address of Developers. The address of the Applicants for purposes of this development contract and for purposes of notice under this contract shall be: Box 207, Chanhassen, Minnesota 55317. 25. Successors and Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this day of 1978. CIT CHANHASSEN HANSEN & KLINGELHUTZ CONSTRUCTION, INC. By Mayor Its ATTEST: _ And City' anager fts , STATE OF MINNESOTA ss. COUNTY OF &apt% WEST I PROPERTIES r �r Jeffery E. Swedlund, a Partner i Roxanne Swedlund, a Partner sg Douglas M. Hansen, a Partner Beverly J. Hansen, a Partner Thomas A.% Klingelhutz, Partner CatherineM. Klingelhutz, a Partner Robo-rt O. e , a Partner On this //0"t day of j- , 1978, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation N ary Pu is KAREN J. ENGELHARDT — 7 — i NOTARY PUBLIC- MINNE8QTA �i1 CARVER COUNTY W Commission Exp*Wos Oct. 11. 11106 STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 1978, before me, a notary public within and for said county, personally appeared and to me personally known, who, being each by me duly sworn, did say that they are respectively the and the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ss. COUNTY OF Notary Public -- - -- -- - -- On this day of h.:(-�t , 1978, before me, a notary public within and for said c unty, personally appeared JEFFERY E. SWEDLUND, to me personally known, who being by me duly sworn did say that he is a partner of the partnership named in the foregoing instrument, and he acknowledged to me that such partnership executed the same. it �a -�.a w Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of `-Ml2 , 1978, before me, a notary public within and for said cou ty, personally appeared ROXANNE SWEDLUND, to me personally known, who being by me duly sworn did say that she is a partner of the partnership named in the foregoing instrument, and she acknowledged to me that such partnership executed the same. STATE OF MINNESOTA ss. COUNTY OF `i Q . iCtJ`c,� fir Notary Public On this day of /'1')CL. , , 1978, before me, a notary public within and for said courity, personally appeared DOUGLAS M. HANSEN, to me personally known, who being by me duly sworn did say that he is a partner of the partnership named in the foregoing instrument, and he acknowledged to me that such partnership executed the same. Notary Pu is -8- STATE OF MINNESOTA ss. COUNTY OF ) On this day of `%7')CC: 1978, before me, a notary public within and for said county, personally appeared BEVERLY J. HANSEN, to me personally known, who, being by me duly sworn, did say that she is a partner of the partnership named in the foregoing instru- ment and she acknowledged to me thatsuch partnership executed the same. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF 0aIWa.- ) On this day of %i) 1978, before me, a notary public within and for said county, personally appeared THOMAS A. KLINGELHUTZ, to me personally known, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instrument andhe acknowledged to me that such partnership executed the same. STATE OF MINNESOTA ) Notary Public ss. COUNTY OF ) On this day of -1-t t 1978, before me, a notary public within and for said county, personally appeared CATHERINE M. KLINGELHUTZ, to me personally known, who, being by me duly sworn, did say that she is a partner of the partnership named in the foregoing instru- ment and she acknowledged to me that such partnership executed the same. STATE OF MINNESOTA ss. COUNTY OF Notary Public On this day of 7%4,1- , 1978, before me, a notary public within and for said county, personally appeared ROBERT 0. NYEN, to me personally known, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instru- ment and he acknowledged to me that such partnership executed the same. N tary Rfthlic N. KAREN J. ENGEL.HARDT NOTARY PUBLIC - MINNESOTA CARVER COUNTY My cornmissicn Expires Oct. it. IM -9- - ,... HANSEN & KLINGELHUTZ CONSTRUCTION, INC. VARIANCE CONTRACT FOR BUILDING AT PICHA DRIVE AND 14ANDAN DRIVE EXHIBIT A Lots 4 and 5, Block 2, Burdick Park Addition, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Carver County, Minnesota. -10- CITY OF � CHANHASSEN � 7610 LAREDO DRIVE*P.O BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: May 7, 1979 TO: City Manager, Don Ashworth FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Development Contract Amendment Request, H & K Burdick Park APPLICANT: Hasen and Klingelhutz PLANNING CASE: P-481 Petition , by. eft Jl owed t µodifie� 8e�ecte�l- Vote Submitted to 00"t" Date Submitted t; CCU g A--4rJ2 —Warehe, The applicants are requesting to amend Sections 4 and 5 of their proposed development contract with regards to overnight motor vehicle parking. As shown in the attached planning commission minutes of April 4, 1979, the planning commission moved to recommend that "the council amend the development contract, item 4 be amended to read licensed vehicle parking, item 5 increased the weight restrictions from 7,000 to 9,000 lbs for overnight parking on the east and south, that outside storage be confined to the west side of the building with no storage of vehicles larger than 8 x 20 feet." This office recalls that during the site plan review of the subject proposal, the plans were presented in a manner indicating that the bay doors on the building were designed so that they could accomodate various types of construction equipment mounted on trailers. Based upon the concerns of the planning commission during site plan review regarding the issues I of storage and parking on the subject property, and the fact that many service vans and pick up type vehicles are licensed at 9,000 lbs., I recommend that Section 5 of the development contract be amended to read that no motor vehicle larger than 9,000 lbs. licensed gross weight shall be parked or stored outside of the building on the subject property between the hours of 2:00 a.m. and 6:00 a.m. on any day. Furthermore, I recommend that all vehicles to be stored overnight shall be self propelled light duty over the road vehicles, and that permission be restricted to the west property line only. CITY OF jOR 7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 5531.7 (612) 474-8885 PLANNING REPORT DATE: April 2, 1979 TO: Planning Commission and Staff FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Development Contract Review for H &.K Warehouse APPLICANT: Hansen and Klingelhutz Construction, Inc. PLANNING CASE: P-581 i; This item was before the planning commission at it's regular February 28, 1979, meeting, at which time the planning commission wanted staff to look at alternative amendments concerning the overnight parking at the H & K warehouse site in Burdick Park. From an administrative standpoint, I believe that staff is not authorized to enter into amendment negotiations until the city. ---,council so directs that the development contract might.,be amended. What is needed at this time, is a polling of the planning commission., and a motion resultingt�from that polling stating how and if the development contract should be amended.- This motion will be submitted concurrently with the staff recommendation to the city council for their consideration. Based upon the. recollection that.the.initial plan proposal, was pre- sented so as `-to indicate -that ,the door -bay'heightsi.were adequate to clear equipment` -on, trailers, I recommend that section 5 weight restrictions be increas,ed.,to vehicles no larger than 9,000 lbs., that this provision apply only-to.the,western side of the property, and that the vehicles eligible for overnight parking shall be self- propelled light duty over the .road vehicles. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 147+CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: February 28, 1979 TO: Planning Commission and Staff FROM: Assistant City Manager/Planner, Bob Waibel SUBJ: Development Contract Amendment Request APPLICANT: Hansen and Klingelhutz Construction, Inc. PLANNING CASE: P-481 Attached hereto you will find the letter of amendment request of behalf of Hansen and Klingelhutz and involved section of the development contract. As stated in section 5, no motor vehicle larger than 7,000 lbs. be permitted to be parked at the site between the hours of 2:00 a.m. and 6:00 a.m. on any day. The second page of the Hansen and Klingelhutz letter of January 18, 1979, appears to imply that a business leasing must have the right to park a truck,trailer and equipment if need be. The attached planning commission minutes of May 10, 1978, state that materials will be stored outside but vehicles may be parked outside and that an adequate development contract controlling the visual quality of the grounds should be implemented. From my recollection, I believe that it was also stated at site plan review that bay doors of the structure were desiged as such to allow equipment of tenants to be stored indoors overnight. It is for these reasons, that I recommended that section 5 of the development contract be amended to read that no motor vehicle larger than 9,000 lbs. licensed gross weight shall be parked or stored outside of the building on the subject property between the hours of 2:00 a.m. and 6:00 a.m. on any day. Furthermore the motor vehicles to be stored outside shall be self-propelled light duty, over the road vehicles. ,�,,r • --�-rr n,t WOW To" G Gll�i! s yy X.w� HANSEN &,ri�r KLINGELHUTZ construction, lnc.'«��- ��i{ti12$_ rFC5$ T DATE: January 18, 1979z�C-. TO: City Manager, Don Ashworth ACID the City Council FROM: Hansen & Klingelhutz Construction, Inc. SUBJ: City Development Contract for Industrial, Building on Manadan Drive Upon reviewing the City contract for our industrial building on Mandan. Drive in Chanhassen and having some experience in the leasing process of the building, we find that we cannot live with the restriction as stated in item 5 (overnight parking prohibited). We would like you to reconsider this portion with the following changes: 1. Change 7000;# to 9000;=' gross weight so it may include all vans and pick up trucks commonly licensed at 9000,.. 2. Change this overall restriction_ to apply to vehicles in the front area of building only -not to include parking restrictions on the side or rear of our private property. I recommend this for the following reasons: 1. Many ordinary vans and pick ups are licensed for 9000,. 2. By changing the restriction to apply to the front of the building only,you will still accomplish what -I think you are intending to do, which is keep the appearance of the site in front neat and clean looking with no large vehicles parked in front. The rear and south of the building will be screened by the building itself which is approximately 18' high. 3. We are completely screened in the rear by the woods which I assume will likely remain. The tree line is an asset of great value especially along.the lot line to whomever owns the property. cont. 7198 FRONTIER TRAIL 0 CHANHASSEN, MINNESOTA 55317 0 (612) 474-4146 W HANSEN & KLINGELHUTZ construction, inc. Industrial Bldg. Contract Cont. Page 2 We request this change not because we expect a mess but because a business leasing here must have the right to park a truck, trailer, Equipment if need be. This should be a lessors right in Eden Prairie, Edina, Chanhassen or wherever. I assure you, backed by our reputation in dealing with you in the past, that our building and site will be kept neat"and clean in front and back with no trace of junked cars or trucks etc. as seen in other parts of Chanhassen. Please consider this seriously since -it is very important for us to succeed in leasing the building. I hope you will approve this change and we will do our part in policing our parking so the overall appear- ance is pleasing. Sincerely, a V � Douglas M. Hansen Thomas 0. KLingelhutz 71.98 FRONTIER TRAIL 0 CHANHASSEN, MINNESOTA 55317 0 (612) 474-4148 Planning Commission Meeting May 10, 1978 -7- •SITE PLAN REVIEW - riANSEN & KLINGELHUTZ_ Ton, _.'Ungelhutz, Doug Hansen, Jim Hans, and Jeff Swedlund were present. H. & K. are proposing to construct a 19,800 square foot office/warehouse facility on Lots 4 and 5 Burdick Park. The property is currently zoned I-1 and is shown on the HRA plan as General Business. Sewer and water are available to the property. The proposed building has seven 30' x 90' bays and approximately 600 square feet of that will be office. Seventy-six parking spaces are shown but some may have to be eliminated near the loading dock. No materials will be stored outside but vehicles may be parked outside. The building will be eight inch concrete block with a fractured -block band along the top for decoration. Walter Thompson moved to recommend the Council look with.favor on the. Hansen and Klingelhutz office/warehouse facility subject to: 1. That an adequate development.contract controlling the visual quality of the grounds be implemented. 2. That the proposed rear yard setback be allowed as submitted.. 3. That parking up to the westerly property line be permitted. 4. That the clear aisle widths by the loading docks be increased to meet ordinance standards. 5. That the loading dock width be increased to 12 feet.. 6. That the berm at the north access on Mandan Drive should not exceed 22 feet in height. 7. That more detailed information be supplied concerning the outside storage facilities. 8. That information regarding the architectural treatment of the building be furnished. 9: That plans for signage be submitted for Sign Committee review. 16. The developer submit a lighting plan for review by the Planning Commis s ion . 11. The front yard setback is 23 feet. The ordinance calls foV a 30 foot front yard setback. 12. The developer consider 450 angle parking along the west property line. The Guide Plan and CBD Plan show the area to the west to be something other than R-IA, therefore, the Planning Commission recommends a side yard variance.be granted. Motion seconded by Jerry Neher and unanimously approved. Dick Matthews moved to adjourn. Motion seconded by Les Bridger and unanimously approved. Meeting adjourned at 12:30 a.m. Don Ashworth City Manager NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City") of the Applicants' development plans and the approval of the above described variance requests, the City and the Applicants agree as follows: 1. Improvements by Applicants. Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the site plan and landscape plan described in paragraph 2 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot areas and access driveways, except the western edge whereon a rolled bituminous curb shall be installed, C. storm and surface water drainage, d. boulevard sodding or seeding of uniformly good quality, and e. grounds lighting. 2. Scope of Developmernt'Governed by Exhibits. The exterior dimensions., architectural design, decorating scheme, grading plan, loading dock configuration, and placement of structures shall be in conformance with that certain Site Plan dated April, 1978, Site Plan dated May, 1978, Landscape Plan dated April, 1978, undated Ground Floor Plan, undated Exterior Elevation Drawing, Street Construction Plan dated April 13, 1978 as revised by the City Engineer on April 21, 1978, and Storm Drainage Plan dated April 13, 1978 as revised by the City Engineer on April 21, 1978, all of which are on file in the office of the Chanhassen Zoning Administrator in File P-481. The building shall be constructed of stacked square block except for a decorative band of vertical fracture block creating a relief effect shadow line. Said block shall be painted in tones of gray or white. The canopies depicted on said elevation drawings shall project outward six (6) feet and night lights shall be provided to illuminate all entrances to the Building. 3. ' Effect of Conflicting Ordinance Provisions. The parties hereto acknowledge that the development as described in paragraph 2 above conflicts with the literal provisions for setbacks, load dock con- figuration, front yards, side yards, and rear yards contained in SS12.05, 12.08 and 9.07 of the Chanhassen Zoning Ordinance. The parties hereto furtheracknowledge that, in accordance with the above described resolutions of the Chanhassen Board of Adjustments and Appeals and the City Council, the proposed development may be constructed in conformity with the various plans which are described in paragraph 2, above. 4. Outside Storage Prohibited. With the exception of trash facilities as hereinafter provided, and with the exception of motor vehicle parking as hereinafter provided, no equipment or other personal property shall be stored or displayed outside of the building. -2- 5. Overnight Parking Prohibited. No motor vehicle of larger than 7,000 pounds licensed gross weight shall be parked or stored outside of the Building on the subject property between the hours of 2:00 o'clock A.M. and 6:00 o'clock A.M. on any day. The Applicants acknowledge that their acceptance of the foregoing restriction was the keystone to the City's action approving the variances requested by the Applicants, and further acknowledge said restriction must be strictly complied with and may be enforced by the City in proceedings at law or in equity. G. Parking Lot Configuration. Off-street parking facilities shall be constructed in accordance with the Site Plan described in J12 above with the following modification: a. All parking spaces shall be clearly delineated or marked as such and shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet exclusive of aisles and maneuvering space. b. A clear aisle width of at least eighteen (18) feet shall be provided for all parking spaces located easterly of the Building. 7. Schedule of Work. The Applicants further agree that they shall commence work hereunder immediately, and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before .4liG, j =_' 191 . The Applicants shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. 8. Grading Plan and Lighting Plan. No Certificate of Occupancy shall be issued and the Applicants shall not occupy the Building until the Applicants' final grading plan has been reviewed by City staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within permit and contract.. Said final grading plan shall include existing contours, proposed grading elevations, drainage configurations, storm water drainage configurations, spot elevations, proposed access driveway road profiles, location and candlepower of all illuminaries, and locations of exterior trash storage areas. 9. Sign Plan. The Applicants agree to prepare and submit to the City a sign plan, which shall include location, type, and dimensions of all proposed exterior signs. No exterior signs shall be erected and no sign permit shall be issued until after said sign plan has been reviewed by the City for purposes of verifying that said sign plan is in confor- mity with applicable City ordinances. -3- Planning Commission =eting April 4, 1979 -3- from Chapparal would be reduced from about 113 cfs prior to development to 54 cfs after development. The Engineer is engaged in a study to determine whether this reduction in flow is enough to eliminate the existing erosion problem in the creek. Additional controls within the Chapparal development are not recommended. The storm sewer system has adequate capacity except that a second catch basin should be added in the most southeasterly cul-de-sac. The watermain in Kerber Blvd. should be 18 inch instead of 16 inch. The slopes on the pond should be 3:1 or possibly 4:1 for maintenance and safety reasons. Pat Swenson moved to recommend the Council grant final approval of the plat as proposed with the shifting of the boundary of the second addition to encompass the southern boundary of the road (Exhibit A, Road A)and subject to the conditions of staff. Motion seconded by Mal MacAlpine and unanimously approved. DEVELOPMENT CONTRACT AMENDMENT - HANSEN AND KLINGELHUTZ, BURDICK PARK: Tom Klingelhutz and Doug Hansen were present requesting amendments -to items 4 and 5 in their development contract. Mal MacAlpine moved to recommend the council amend the development contract, item #4 be amended to read licensed vehicle parking, item'#5 increase the weight restriction from 7,000 to 9,000 lbs. for overnight parking on the east and south, that outside storage be confined to the west side of the building with no storage of vehicles larger than 8 x 20 feet. Motion seconded by Jerry Neher and unanimously approved. MC GINN LOT SPLIT, LOT 4, BLOCK 1, HARVIR HILL: Mr. McGinn is seeking approval to subdivide Lot 4, Block 1, Harvir hill into two lots. Pat Swenson moved to hold a public hearing on April 25, 1979, to consider the lot split conditioned upon receipt of an abstractor's certificate by April 9. Motion seconded by Mal MacAlpine and unanimously'approved. THE BALTIC COMPANY - SITE PLAN: The Baltic Company is requesting rezoning of Lots 1 and 2, Minnewashta Park from R-1 to C-1. The property currently is the site of_Cermak Sales and Service. Reynold Roberts, representing the owners, gave a presentation. They are proposing to remodel the existing building into an office building. The remaining structures and equipment would be removed from the property. Eleven parking spaces would be provided on the east side of the building. The Baltic Company would be the owner/user of the building. The Assistant City Attorney asked for vertification of ownership of the property. Mal MacAlpine moved to hold a public hearing on April 25, 1979, to consider rezoning from R-1 to C-1 subject to proof of ownership. Motion seconded by Jerry Neher and unanimously approved. a CITY OF CHANHASSEN HANSEN & KLINGELHUTZ CONSTRUCTION, INC. VARIANCE CONTRACT FOR BUILDING AT BUILDING ATPICHA DRIVE AND MANDAN DRIVE WHEREAS, application has been made by Hansen & Klingelhutz Construction, Inc., a Minnesota corporation, as the developer of a tract of land lying within the City of Chanhassen, and more particularly described on Exhibit A attached hereto and made a part hereof; and by West I Properties, a partnership consisting of Jeffery E. Swedlund, Roxanne Swedlund, Douglas M. Hansen, Beverly J. Hansen, Thomas A. Klingelhutz, Catherine M. Klingelhutz, and Robert O. Nyen, as the proposed owner and operating entity of a 19,000 square foot combina- tion office/warehouse/light manufacturing building, hereinafter referred to as "The Building", to be constructed upon the above described tract of land. (Said corporation and 'said partnership are hereinafter referred to collectively as "The Applicants"); and WHEREAS, the subject property is presently zoned I-1, Industrial District; and WHEREAS, the Applicants have requested certain variances from the literal provisions of applicable Chanhassen Ordinances; and WHEREAS, §462.357, Subd. 6 of Minnesota Statutes, and §22.02 of the Chanhassen Zoning Ordinance authorize the Chanhassen City Council to impose conditions upon the granting of such variances to insure compliance and to protect adjacent properties; and WHEREAS, a public hearing was held by the Chanhassen Board of Adjustments and Appeals on July 6, 1978 to consider public comment on said variance requests; and WHEREAS, the Chanhassen City Council has, by its resolution dated June 12, 1978, approved the development plans and certain variance requests of the applicants, as hereinafter described in Paragraph 2, subject only to the issuance by the Chanhassen Board of Adjustments and Appeals of a recommendation that certain variances be approved; and WHEREAS, the Chanhassen Board of Adjustments and Appeals, by its resolution dated July 6, 1978, approved the proposal of the Appli- cants as hereinafter set forth; and WHEREAS, the above described resolutions were adopted subject to and on condition that the applicants enter into this variance contract; and WHEREAS, the Chanhassen City Council has determined that the proposed development as described herein substantially complies with the standards set forth in the second full paragraph of 922.02 of the Chanhassen Zoning Ordinance; -1- NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City") of the Applicants' development plans and the approval of the above described variance requests, the City and the Applicants agree as follows: 1. Improvements by Applicants. Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the site plan and landscape plan described in paragraph 2 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot -.areas and access driveways, except the western edge whereon a rolled bituminous curb shall be installed, C. storm and surface water drainage, d. boulevard sodding or seeding of uniformly good quality, and e. grounds lighting. 2. Scope of Development Governed by Exhibits. The exterior dimensions, architectural design, decorating scheme, grading plan, loading dock configuration, and placement of structures shall be in conformance with that certain Site Plan dated April, 1978, Site Plan dated May, 1978, Landscape Plan dated April, 1978, undated Ground Floor Plan, undated Exterior Elevation Drawing, Street Construction Plan dated April 13, 1978 as revised by the City Engineer on April 21, 1978, and Storm Drainage Plan dated April 13, 1978 as revised by the City Engineer on April 21, 1978, all of which are on file in the officelof the Chanhassen Zoning Administrator in File P-481. The building shall be constructed of stacked square block except for a decorative band of vertical fracture block creating a relief effect shadow line. Said block shall be painted in tones of gray or white. The canopies depicted on said elevation drawings shall project outward six (6) feet and night lights shall be provided to illuminate all entrances to the Building. 3. Effect of 'Coriflicting Ordinance Provisions. The parties hereto acknowledge that the development as described in -paragraph 2 above conflicts with the literal provisions for setbacks, load dock con- figuration, front yards, side yards, and rear yards contained in SS12.05, 12.08 and 9.07 of the Chanhassen Zoning Ordinance. The parties hereto furtheracknowledge that, in accordance with the above described resolutions of the Chanhassen Board of Adjustments and Appeals and the City Council, the proposed development may be constructed in conformity with the various plans which are described in paragraph 2, above.. 4. Outside Storage Prohibited. With the exception of trash facilities as hereinafter provided, and with the exception of licensed vehicle parking as hereinafter provided, no equipment or other personal property shall be stored or displayed outside of the building. -2- 5. Overnight Parking'Requirements. No motor vehicle of larger than 9000 lbs. licensed gross weight shall be parked overnight except in parking spaces #39-58 as shown on parking layout dated 5/78. This area shall permit overnight parking for larger licensed vehicles not to exceed 8' x 24'. Applicant agrees to review parking within the designated area (parking spaces 39-58) on or about November 1, 1979; and further agrees that in no case shall boats be parked (stored) on the property, and that parking within the designated area shall be tenant oriented parking only. 6. Parking Lot Configuration. Off-street parking facilities shall be constructed in accordance with the Site Plan described in Paragraph 2 above with the following modification: a. All parking spaces shall be clearly delineated or marked as such and shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet exclusive of aisles and maneuvering space. b. A clear aisle width of at least eighteen (18) feet shall be provided for all parking spaces located easterly of the building. 7. Schedule of Work. The Applicants further agree that they shall commence work hereunder immediately, and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before August 1, 1979. The Applicants shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. 8. Grading Plan and Lighting Plan. No Certificate of Occupancy shall be issued and the Applicants shall not occupy the building until the Applicants' final grading plan has been reviewed by City staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions.of the within permit and contract. Said final grading plan shall include existing contours, proposed grading elevations, drainage configurations, storm water drainage configurations, spot elevations, proposed access driveway road profiles, location and candlepower of all illuminaries, and locations of exterior trash storage areas. 9. Sign Plan. The Applicants agree to prepare and submit to the City a sign plan, which shall include location, type and dimensions of all proposed exterior signs. No exterior signs shall be erected and no sign permit shall be issued until after said sign plan has been reviewed by the City for purposes of verifying that said sign plan is in conformity with applicable city ordinances. -3- 10. Landscape Plan. The Applicants agree to prepare and submit to City staff a final landscape plan which shall include location, type and diameters of proposed plantings, description of and locations of all screening devices, and location and elevation of proposed berms. No landscaping permit shall be issued and the Applicants shall perform no landscaping until after said landscape plan has been reviewed by City staff for purposes of verifying that said landscape plan is in conformity with all of the provisions of the within contract. 11. Reimbursement of Costs. The Applicants shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the administration and enforcement of the with- in contract, and the performances thereof by the Applicants. 12. Performance Bond. For the purpose of assuring to the City that the improvements to be by the Applicants constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms o'f this agreement, and that the Applicants shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Applicants agree to furnish to the City a cash deposit in the amount of $15,000.00 or in lieu thereof, a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder, being conditioned upon the performance by the Applicants of their obligations hereunder, said sum being equal to 110% of the total cost of such improvements as estimated by Schoell & Madson, Inc., the City Engineers. 13. Public Welfare. The establishment, maintenance and operation of the use shall not be detrimental to, nor endanger the public health,. safety, comfort or general welfare. 14. Screening. All trash areas, mechanical equipment, compressors and air conditioning equipment, including rooftop equipment, shall be screened from view from West 78th Street, Mandan Drive, and Pich4.Drive. 15. Nuisance. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause objectionable noise. The proposed use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values in the immediate vicinity. 16. Public Address System. No public address system or other audio paging system shall be utilized on the subject property which emits noise in excess of the standards set forth in the Chanhassen Zoning Ordinance and all regulations amendatory and supplementary thereto, which standards shall be binding upon the Applicants. 17. Other Regulations. The Applicants shall comply with all City Ordinances, state laws, and regulations of state agencies and depart- ments. -4- 18. Proof of Title. Upon request, the Applicants shall furnish the City with evidence satisfactory to the City that they have acquired fee title to the subject property. 19. Erosion Control. The Applicants, at their expense, shall provide temporary dams, earthworks, or such other devices and practices, including the seeding or sodding of graded areas, as shall be needed, in the judgment of the City Engineer, to prevent the washing, flooding, sedimentation or erosion of lands and roads within and outside the sub- ject property during all phases of construction. Applicants shall keep all streets free of all dirt and debris resulting from construction by the Applicants or their agents upon the lands described in Exhibit A hereto. 20. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Applicants, the Applicants' contractors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agree- ment or the performance and completion of any work and improvements hereunder; and that the Applicants will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements and expenses of defending the same. 21. Written Work Orders. The Applicants shall do no work nor furnish materials for which reimbursement is expected from the City unless a written order for such work or materials is received from the City Manager. Any such work or materials which may be done or fur- nished by the Applicants without such written order first being given shall be at its own risk, cost and expense, and Applicants hereby agree that without such written order, Applicants will'make no claim for com- pensation for work or materials so done or furnished. 22. Liability Insurance. The Applicants shall takeout and main- tain, until the time of completion of the Building and the improvements described in J(1 above, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants' work or the work of their subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits.for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Applicants shall file a copy of the insurance coverage with the City. 23. Remedies Upon Default. a. In the event the Applicants shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have cured within ten (10) days after receipt by the Applicants of written notice thereof, the City, if it so elects, may cause any of the improvements described in 1[l above to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, -5- legal, and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Applicants agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. App- licants further agree that in the. event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Applicants' real property described on Exhibit A for any amount so unpaid, and the City shall have the right to fore- close said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. b. In addition to the foregoing, the City may also institute legal action against the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements. In the event of an emergency, as determined by the City engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the Applicants shall reimburse the City for any expense incurred by the City in remedying the condi- tions creating the emergency. C. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within variance contract, to restrain or abate violations of the within variance contract, or to prevent use or occupancy of the proposed Building. 24. Address of Developers. The address of the Applicants for purposes of this development contract and for purposes of notice under this contract shall be: Box 207, Chanhassen, Minnesota 55317. 25. Successors and Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this day of — _ 1978. CITY HANSEN & KLINGELHUTZ CONSTRUCTION, INC. MM STATE OF MINNESOTA ss. COUNTY OF WEST I PROPERTIES 1Je f E . Swkdlund, a Partner �� Swedluhd, a Partner glas'M. Hansen, a Partner. Beverly J. n n, a Partner Thomas 9. ZlinqWlhutz Partner Catherine M.,Klingelhutz, a Partner Robert O. Nyen, a(PSartner On this 1�4 day of 1978, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authorit3 of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporatic Na*-ary Pu c T re.•ns.*or KAREN J. ENGELHARDT NOTARY PtJmL!C - N41NNESOTA -7- CARVF y' COUNTY � ,., t. My Commisa , fires OC11, 19$5 f STATE OF MINNESOTA } ss. COUNTY OF ) On this day of , 1978, before me, a notary public within and for said county, personally appeared and , to me personally known, who, being each by me duly sworn, did.say that they are respectively the _ and the------ of the corporation named in. the foregoing 'instrumet, nd that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ss. COUNTY OF OQjuQA Notary Public On this day of _, 1979, before me, a notary public within and for said county, personally appeared JEFFERY E. SWEDLUND, to me personally known, who being by me duly sworn did say that he is a partner of the partnership named in the foregoing instrument, and he acknowledged to me that such partnership executed the same. STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of �Y�l 1978, before me, a notary public within and for said county, personally appeared ROXANNE SWEDLUND, to me personally known, who being by me duly sworn did say that she is a partner of the partnership named in the foregoing instrument, and she acknowledged to me that such partnership executed the same.. Notary Public ro STATE OF MINNESOTA ss. COUNTY OF UA1W 't1 ) On this day of 1978, before me, a notary public within and for saidcourity, personally appeared DOUGLAS M. HANSEN, to me personally known, who being by me duly sworn did say that he is a partner of the partnership named in the foregoing instrument, and he acknowledged to me that such partnership executed the same. Notary Public �- -8- STATE OF MINNESOTA ) ) ss. COUNTY OF Cv� ) On this $ "" day of , 1970, before me, a notary public within and for said county, IYersonally appeared BEVERLY J. HANSEN, to me personally known, who, being by me duly sworn, did say that she is a partner of the partnership named in the foregoing instru- ment and she acknowledged to me thatsuch partnership executed the same. STATE OF MINNESOTA ss. COUNTY OF CaM'A�''V Notary Public 970 On this $ zz.day of %inn , 1974?, before me, a notary public within and for said counIty, personally appeared THOMAS A. KLINGELHUTZ, to me personally khowft, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instrument andhe acknowledged to me that such pa'rtnership executed the same. STATE OF MINNESOTA ) Notary Public ss. COUNTY OF ) On this day of—79?a,f 1.971, before me, a notary public within and for said county; personally appeared CATHERINE M. KLINGELHUTZ, to me personally known, who, being by me duly sworn, did say. that she is a partner of the partnership named in the foregoing instru- ment and she acknowledged to me that such partnership executed the same. Notary Public STATE OF MINNESOTA ss. COUNTY OF On this .� day of , 197�, before me, a notary public within and for said county, personal y appeared ROBERT 0. NYEN, to me personally known, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instru- ment and he acknowledged to me that such partnership executed the same. `I Notary P�lic KAREN J. ENGELHARDT NOTARY PUBLIC - MINNESOTA CARVER COUNTY My commission 'Expires Oct. 11, 1W -9� HANSEN & KLINGELHUTZ CONSTRUCTION, INC. VARIANCE CONTRACT FOR BUILDING AT PICHA DRIVE AND MANDAN DRIVE PYTTTRTrr A Lots 4 and 5, Block 2, Burdick Park.Addition, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Carver County, Minnesota. -10- CITY OF CHANHASSEN HANSEN & KLINGELHUTZ CONSTRUCTION, INC. VARIANCE CONTRACT FOR BUILDING AT BUILDING AT PICHA DRIVE AND MANDAN DRIVE WHEREAS, application has been made by Hansen & Klingelhutz Construction, Inc., a Minnesota corporation, as the developer of a tract of land lying within the City of Chanhassen, and more particularly described on Exhibit A attached hereto and made a part hereof; and by West I Properties, a partnership consisting of Jeffery E. Swedlund, Roxanne Swedlund, Douglas M. Hansen, Beverly J. Hansen, Thomas A. Klingelhutz, Catherine M. Klingelhutz, and Robert O. Nyen, as the proposed owner and operating entity of a 19,000 square foot combina- tion office/warehouse/light manufacturing building, hereinafter referred to as "The Building", to be constructed upon the above described tract of land. (Said corporation and 'said partnership are hereinafter referred to collectively as "The Applicants"); and WHEREAS, the subject property is presently zoned I-1, Industrial District; and WHEREAS, the Applicants have requested certain variances from the literal provisions of applicable Chanhassen Ordinances; and WHEREAS, §462.357, Subd. 6 of Minnesota Statutes, and §22.02 of the Chanhassen Zoning Ordinance authorize the Chanhassen City Council to impose conditions upon the granting of such variances to insure compliance and to protect adjacent properties; and WHEREAS, a public hearing was held by the Chanhassen Board of Adjustments and Appeals on July 6, 1978 to consider public comment on said variance requests; and WHEREAS, the Chanhassen City Council has, by its resolution dated June 12, 1978, approved the development plans and certain variance requests of the applicants, as hereinafter described in Paragraph 2, subject only to the issuance by the Chanhassen Board of Adjustments and Appeals of a recommendation that certain variances be approved; and WHEREAS, the Chanhassen Board of Adjustments -and Appeals, by its resolution dated July 6, 1978, approved,the proposal of the Appli= cants as hereinafter set forth; and WHEREAS, the above described resolutions were adopted subject to and on condition that the applicants enter into this variance contract; and WHEREAS, the Chanhassen City Council has determined that the proposed development as described herein substantially complies with the standards set forth in the second full paragraph of §22.02 of the Chanhassen Zoning Ordinance; -1- r NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City") of the Applicants' development plans and the approval of the above described variance requests, the City and the Applicants agree as follows: 1. Improvements by Applicants. Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the site plan and landscape plan described in paragraph 2 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b.- concrete curbs and gutters abutting all parking lot,.areas and access driveways, except the western edge whereon a rolled bituminous curb shall be installed, C. storm and surface water drainage, d. boulevard sodding or seeding of uniformly good quality, and e. grounds lighting. 2. Scope of Development Governed by Exhibits. The exterior dimensions, architectural design, decorating scheme, grading plan, loading dock configuration, and placement of structures shall be in conformance with that certain Site Plan dated April, 1978, Site Plan dated May, 1978, Landscape Plan dated April, 1978, undated Ground Floor Plan, undated Exterior Elevation Drawing, Street Construction Plan dated April 13, 1978 as revised by the City Engineer on April 21, 1978, and Storm Drainage Plan dated April 13, 1978 as revised by the City Engineer on April 21, 1978, all of which are on file in the officeof the Chanhassen Zoning Administrator in File P-481. The building shall be constructed of stacked square block except for a decorative band of vertical fracture block creating a relief effect shadow line. Said block shall be painted in tones of gray or white. The canopies depicted on said elevation drawings shall project outward six (6) feet and night lights shall be provided to illuminate all entrances to the Building. 3. Effect of Conflicting Ordinance Provisions. The parties hereto acknowledge that the development as described in paragraph 2 above conflicts with the literal provisions for setbacks, load dock con- figuration, front yards, side yards, and rear yards contained in SS12.05, 12.08 and 9.07 of the Chanhassen Zoning Ordinance. The parties hereto furtheracknowledge that, in accordance with the above described resolutions of the Chanhassen Board of Adjustments and Appeals and the City Council, the proposed development may be constructed in conformity with the various plans which are described in paragraph 2, above. 4. Outside Storage Prohibited. With the exception of trash facilities as hereinafter provided, and with the exception of licensed vehicle parking as hereinafter provided, no equipment or other personal property shall be stored or displayed outside of the building. -2- 5. Overnight Parking Requirements. No motor vehicle of larger than 9000 lbs. licensed gross weight shall be parked over- night except in parking spaces #39-58 as shown on parking layout dated 5/78. This area shall permit overnight parking for Larger licensed vehicles not to exceed 8' x 241. Applicant agrees to review parking within the designated area (parking spaces 39-58) on or about November 1, 1979. 6. Parking Lot Configuration. Off-street parking facilities shall be constructed in accordance with the Site Plan described in Paragraph 2 above with the following modification: a. All parking spaces shall be clearly delineated or marked as such and shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet exclusive of aisles and maneuvering space. . b. A clear aisle width of at least eighteen (18) feet shall be provided for all parking spaces located easterly of the building. 7. Schedule of Work. The Applicants further agree that they shall commence work hereunder immediately, and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before August 1, 1979. The Applicants shall submit a written schedule indicating the proprosed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. 8. Grading Plan and Lighting Plan. No Certificate of Occupancy shall be issued and the Applicants shall not occupy the Building until the Applicants' final grading plan has been reviewed by City staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within permit and contract. Said final grading plan shall include existing contours, proposed grading elevations, drainage configurations, storm water drainage configurations, spot elevations, proposed access driveway road profiles, location and candlepower of all illuminaries, and locations of exterior trash storage areas. 9. Sign Plan. The Applicants agree to prepare and submit to the City a sign plan, which shall include location, type, and dimensions of all proposed exterior signs. No exterior signs shall be erected and no sign permit shall be issued until after said' sign plan has been reviewed by the City for purposes of verifying that said sign plan is in conformity with applicable City ordinances. - 3- 5. Overnight Parking Recquirements. No motor vehicle of larger than 9000 lbs. licensed gross weight shall be parked overnight except in parking spaces #39-58 as shown on parking layout dated 5/78. This area shall permit overnight parking for larger licensed vehicles not to exceed 8' x 24'. Applicant agrees to review parking within the designated area (parking spaces 39-58) on or about November 1, 1979; and further agrees that in no case shall boats be parked (stored) on the property, and that parking within the designated area shall be tenant oriented parking only. 6. 1Parking Lot'Configuration. Off-street parking facilities shall be constructed in accordance with the Site Plan described in Paragraph 2 above with the following modification: a. All parking spaces shall be clearly delineated or marked as such -and shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet exclusive of aisles and maneuvering space. b. A clear aisle width of at least eighteen (18) feet shall be provided for all parking spaces located easterly of the building. 7. Schedule of Work. The Applicants further agree that they shall commence work hereunder immediately, and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before August 1, 1979. The Applicants shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. 8. Grading Plan and Lighting Plan. No Certificate of Occupancy shall be issued and the Applicants shall not occupy the building until the Applicants' final grading plan has been reviewed by City staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions. of the within permit and contract. Said final grading plan shall include existing contours, proposed grading elevations, drainage configurations, storm water drainage configurations, spot elevations, proposed access driveway road ptofiles, location and candlepower of all illuminaries, and locations of exterior trash storage areas. 9. Sign Plan. The Applicants agree to prepare and submit to the City a sign plan, which shall include location, type and dimensions of all proposed exterior signs. No exterior signs shall be erected and no sign permit shall be issued until after said sign plan has been reviewed by the City for purposes of verifying that said sign plan is in conformity with applicable city ordinances. -3- 10. Landscape Plan. The Applicants agree to prepare and submit to City staff a final landscape plan which shall include location, type and diameters of proposed plantings, description of and locations of all screening devices, and location and elevation of proposed. berms. No landscaping permit shall be issued and the Applicants shall perform no landscaping until after said landscape plan has been reviewed by City staff for purposes of verifying that said landscape plan is in conformity with all of the provisions of the within contract. 11. Reimbursement.of Costs. The Applicants shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the administration and enforcement of the with- in contract, and the performances thereof by the Applicants. 12. Performance Bond. For the purpose of assuring to the City that the improvements to be by the Applicants constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Applicants shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Applicants agree to furnish to the City a cash deposit in the amount of $15,000.00 or in lieu thereof, a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder, being conditioned upon the performance by the Applicants of their obligations hereunder, said sum being equal to 110% of the total cost of such improvements as estimated by Schoell & Madson, Inc., the City Engineers. 13. Public Welfare. The establishment, maintenance and operation of the use shall not be detrimental to, nor endanger the public health, safety, comfort or general -welfare. 14. Screening. All trash areas, mechanical equipment, compressors and air conditioning equipment, including roof top equipment, shall be screened from view from West 78th Street, Mandan Drive, and Picha-Drive. 15. Nuisance. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause objectionable noise. The proposed use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values in the immediate vicinity. 16. Public Address System. No public address system or other audio paging system shall be utilized on the subject property which emits noise in excess of the standards set forth in the Chanhassen Zoning Ordinance and all regulations amendatory and supplementary thereto, which standards shall be binding upon .the Applicants. a 17. Other Regulations. The Applicants shall comply with all City Ordinances, state laws, and regulations of state agencies and depart- ments. -4- 18. Proof of.Title. Upon request, the Applicants shall furnish the City with evidence satisfactory to the City that they have acquired fee title to the subject property. 19. Erosion Control. The Applicants, at their expense, shall provide temporary dams, earthworks, or such other devices and practices, including the seeding or sodding of graded areas, as shall be needed, in the judgment of the City Engineer, to prevent the washing, flooding, sedimentation or erosion of lands and roads within and outside the sub- ject property during all phases of construction. Applicants shall keep all streets free of all dirt and debris resulting from construction by the Applicants or their agents upon the lands described in Exhibit A hereto. 20. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Applicants, the Applicants' contractors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever; for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agree- ment or the performance and completion of any work and improvements hereunder; and that the Applicants will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and.the costs, disbursements and expenses of defending the same. 21. Written Work Orders. The Applicants shall do no work nor furnish materials for which reimbursement is expected from the City unless a written order for such work or materials is received from the City Manager. Any such work or materials which may be done or fur- nished by the Applicants without such written order first being given shall be at its own risk, cost and expense, and Applicants hereby agree that without such written order, Applicants will make no claim for com- pensation for work or materials so done or furnished. 22. Liability Insurance. The Applicants shall take out and main- tain, until the time of completion of the Building. and the improvements described in Ill above, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants' work or the work of their subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall'be named as co-insured on said policy and the Applicants shall file a copy of the insurance coverage with the City. 23. Remedies Upon Default. a. In the event the Applicants shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have cured within ten (10) days after receipt by the Applicants of written notice thereof, the City, if it so elects, may cause any of the improvements described in Ill above to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, -5- legal, and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Applicants agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. App- licants further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Applicants' real property described on Exhibit A for any amount so unpaid, and the City shall have the right to fore- close said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. b. In addition to the foregoing, the City may also institute legal action against the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements. In the event of an emergency, as determined by the City engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the Applicants shall reimburse the City for any expense incurred by the City in remedying the condi- tions creating the emergency. C. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within variance contract, to restrain or abate violations of the within variance contract, or to prevent use or occupancy of the proposed Building. 24. Address of.Developers. The address of the Applicants for purposes of this development contract and for purposes of notice under this contract shall be: Box 207, Chanhassen, Minnesota 55317, 25. Successors and Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this day of _ 1978. CITY OF CHANHASSEN R_. By Like&/ • City Manager HANSEN & KLINGELHUTZ CONSTRUCTION, INC. By `J Its; And Its per! da a. STATE OF MINNESOTA SS. COUNTY OF CA-11'`J WEST I PROPERTIES 1z y1z' �1>✓ '�f,fifry E. edlund, a Partner /' C.- 41'e'e1- n Beverly J. Hansen, a Partner Thomas 0. ningelhutz,,Partner Catherine M. Klingelhutz, a Partner 1 Robert O Nren j" a} Partner On this �day of 1978, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be. the free.act and deed of said corporatic N ary Pub :::::: • KAREN J. ENGEL.HARDT �,• NOTARY PUBLIC - MINNE30TA �'�®`► CARVER COUNTY '`,. MY Commiss,on E;.pires Oct. 11, 1t385 �. STATE OF MINNESOTA ss. COUNTY OF On this day of , 1978, before me, a notary public within and for said county, personally appeared and , to me personally known, who, being each by me duly sworn, did say that they are respectively the and the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ss. COUNTY OF _ W VV—L Notary Public On this $4- day of `f'Y) 1979, before me, a notary public within and for said co nty, personally appeared JEFFERY E. SWEDLUND, to me personally known, who being by me duly sworn did say that he is a partner of the partnership named in the foregoing instrument, and he acknowledged to me that such partnership executed the same. STATE OF MINNESOTA ss. COUNTY OF «AR� Q� a - Notary Public fu On this $ ` day of `-n 1971?, before me, a notary public within and for said co nty, personally appeared ROXANNE SWEDLUND, to me personally known, who being by me duly sworn did say that she is a partner of the partnership named in the foregoing instrument, and she acknowledged to me that such partnership executed the same. * Q. a Notary Public STATE OF MINNESOTA ss. COUNTY OF e A t4-, ) x. On this o"' 'day of `j�')✓� , 1979, before me, a notary public within and for said coun-y, personally appeared DOUGLAS M. HANSEN, to me personally known, who being by me duly sworn did say that he is a partner of the partnership named in the foregoing instrument, and he acknowledged to me that such partnership executed the same. '" �1,W41 • STATE.OF MINNESOTA ) ) ss. COUNTY OF t1VA&) On this $v` day of 1971?, before me, a notary public within and for said county, pdfrsonally appeared BEVERLY J. HANSEN, to me personally known, who, being by me duly sworn, did say that she is a partner of the partnership named in the foregoing instru- ment and she acknowledged to me that such partnership executed the same. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF On this $'0'- day of -/'Y)gy , 1974,?, before me, a notary public within and for said counity, personally appeared THOMAS 0. KLINGELHUTZ, to me personally known, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instrument andhe acknowledged to me that such partnership executed the same. STATE OF MINNESOTA ) Notary Public ss. COUNTY OF O ) On this 8'day of Glcy , 1979, before me, a notary public within and for said couriEy, personally appeared CATHERINE M. KLINGELHUTZ, to me personally known, who, being by me duly sworn, did say that she is a partner of the partnership named in the foregoing instru- ment and she acknowledged to me that such partnership executed the same. el - a Notary Public STATE OF MINNESOTA ) ss. COUNTY OF C' A-/ ) On this 1___— day of 197 , before me, a nal notary public within and for said county, persoly appeared ROBERT 0. NYEN, to me personally known, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instru- ment and he acknowledged to me that such partnership executed the same. Notary PgbLic Poo~00 J: KAREN J. ENGELHARDT i ±r NOTARY PUBLIC - MINNESOTA I CARVER COUNTY -9- ,.: My Commission Expires Oct. 11, IM HANSEN & KLINGELHUTZ CONSTRUCTION, INC_ VARIANCE CONTRACT FOR BUILDING AT PICHA DRIVE AND M.ANDAN DRIVE EXHIBIT A Lots 4 and 5, Block 2, Burdick Park Addition, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Carver County, Minnesota. -10- F I RSTAT E FEDE ' L Savings & Loan Association May 8, 19T9 City of Chanhassen Chanhassen, Minnesota 5531T ATTN: ion Ashworth 227 Main Street South, Hutchinson, MN 55350 Telephone (612) 587-2000 RE: Chanhassen Office Warehouse Light Manufacturing 7900 Monterey Drive Chanhassen, MN Lots 4 & 5, Block 2, Burdick Park Addition, Carver County To Whom It May Concern: Refer Mayo Council Mannar Build i.1 Actorn y Eng',near Trcouurcr ± fco Paris N: ;tec. Press Otr:or o�J 4�te; s/9L�y The following funds are held by First State Federal for completion, inspection, and payment of the following items in connection with the construction of an office warehouse on the aforementioned property; Landscaping - Sod $ 3,500.00 Driveway - Curb 11,500.00 $15,000.00 If there is any other information we can provide, please don't hesitate in contacting me. Thank you for your consideration. ±o dially,t f� r, romo Vice President lb cc Douglas Hansen First federally chartered savings and loan association in Minnesota z t , HANSEN & KLINGELHUTZ construction, inc. DATE: January 18, 1979 TO: City Manager, Don Ashworth AND the City Council r.18M City AdminEsft WNW To;' Maybe �tlil�la;,,�✓ At4crrnr'+ • �""' riyhrE�r t9ari�� ; HOC. 8tFeE! Ririni, �tfiit�e8 ®aae ,,..r.. FROM: Hansen & Klingelhutz Construction, Inc. SUBJ: City Development Contract for Industrial Building on Manadan Drive Upon reviewing the City contract for our industrial building on Mandan Drive in Chanhassen and having some experience in the leasing process of the building, we find that we cannot live with the restriction as stated in item 5 (overnight parking prohibited). We would like you to reconsider this portion with the following changes: 1. Change 7000# to 9000# gross weight so it may include all vans and pick up trucks commonly licensed at 9000#. 2. Change this overall restriction to apply to vehicles in the front area of building only -not to include parking restrictions on the side or rear of our private property. I recommend this for the following reasons: 1. Many ordinary vans and pick ups are licensed for 9000#. 2. By changing the restriction to apply to the front of the building only,you will still accomplish what I think you are intending to do, which is keep the appearance of the site in front neat and clean looking with no large vehicles parked in front. The rear and south of the building will be screened by the building itself which is approximately 18' high. 3. We are completely screened in the rear by the woods which I assume will likely remain. The tree line is an asset of great value especially along the lot line to whomever owns the property. cont. 7198 FRONTIER TRAIL 0 CHANHASSEN, MINNESOTA 55317 0 (612) 474-4146 HANSEN & KLINGELHUTZ construction, inc. Industrial Bldg. Contract cont. Page 2 We request this change not because we expect a mess but because a business leasing here must have the right to park a truck, trailer, equipment if need be. This should be a lessors right in Eden Prairie, Edina, Chanhassen or wherever. I assure you, backed by our reputation in dealing with you in the past, that our building and site will be kept neat and clean in front and back with no trace of junked cars or trucks etc. as seen in other parts of Chanhassen. Please consider this seriously since it is very important for us to succeed in leasing the building. I hope you will approve this change and we will do our part in policing our parking so the overall appear- ance is pleasing. Sincerely, / -YL ; Douglas M. Hansen Thomas 0. Klingelhutz 7198 FRONTIER TRAIL • CHANHASSEN, MINNESOTA 55317 • (612) 474-4146 CITY- OF 7610 LARED.O DRIVE®P.O. BOX 147+CHANHASSEN, MINNESOTA 55317 (612) 474-8885 December 4, 1978 Mr. Doug Hansen Hansen and Klingelhutz 516 Del Rio Drive Chanhassen, MN 55317 Dear Doug: Attached please find a copy of the Development and Variance Contract for your building in Burdick Park. If you find the contract in order, please stop by this office for signature and advise other involved persons likewise. Please note in section 12 on page 4, that a performance bond in the amount of $15,000 shall be furnished and also section 22 on page 5 setsforth liability insurance requirements. These two provisions shall be taken care of before the City will assign itself a party to the contract. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Bob Waibel Assistant City Planner BW:k CITY OF -- CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Don Ashworth, City Manager FROM: Bob Waibel, Assistant City Planner Ar DATE: November 22, 1978 SUBJ: Hansen and Klingelhutz Development Contract, Burdick Park PLANNING CASE: P-481 Attached are the October 10, 1978, planning report to the Planning Commission concerning the Hansen and Klingelhutz request to modify the concrete curb and gutter requirement within parking areas .in the Burdick Park development, and the planning commission minutes pertaining to this subject on October 25, 1978. In summary, the Planning Commission moved to recommend that concrete curb and gutter on the site be required with the exception of the western property line, where rolled asphalt curb would be allowed. This recommendation of the Planning Commission has the concurrence of staff. Manager's Comments Unless the council acts to the contrary, this office will have the development contract modified to reflect the planning commission action. The developer is in agreement with this change. 0 Planning Commissis, Meeting October 25,. 197.8 -10- Bob Waibel - I think the Fire Marshal will -have something to say about this.- The ':number of -homes on that -cul-de-sac would not really :be the matter, it's 'the.. length :of it. . One entrance_point.being blocked would nullify any public safe type of operations. Dick Matthews: -:You have 26 homes serviced.by one.entrance yet in .Chanhassen Estates you have_.100 homes being serviced by one .entrance. What I am saying it has nothing to -_do with your argument.of fire -and getting in and all that;7stuff.- If one avenue is blocked they are not going -to " oing to, get into•Chanhassen -Estates either. Bill Bxezinsky - It's.s safety aspect of it. Not the number of houses. Maybe -something could -.be worked out that there could be:an_-emergency-access road. It would not necessarily have. - to be "an improved. ,road but .just some way to get in Frank Burg -:I.am:sure that.somewhere along the.length of Bluff Creek `:there is a place ' for :an, access . Obviously the best place-for:;an emergency access was right back where I had the road -;originally and.with some minor modifications we could -.probably -come' up with a section through there that would: support _a 'fire truck. Dick Matthews moved,to.recommend the --Council approve the preliminary development plan,of.Hesse Farm, -Phases -II and III as shown in Planning Commission Exhibit..A dated .October 25, 1978; subject to a grading plan•be submitted:to•.the-Engineer for approval and that a well and 'septic system will meet the:_criteria"_setforth by the Minnesota Health Department.-. The developer will provide an emergency vehicle easement access at -the Lot 3 location. 'Motion.seconde_d by Tim Stone and unanimously_ approved. Lot 26 does not 90 feet of frontage.- -Additional land cannot be acquired as it is owned by, someone.. else.:; 'HANSEN'AND KLINGELHUTZ-DEVELOPMENT CONTRACT- CURB AND GUTTER REQUIREMENT -FOR BURDICK-PARK: Doug -Hansen and Jim Hawks were present requesting t e e etion of concrete curb and gutter from the development contract for -their. warehouse in•Burdick Park and substituting blacktop curbing. Their:point, of contention is. -that the. issue of concrete curb and' gutter -within -the :parking and: -maneuvering areas of the development was not --specifically discussed during -the plan review process The -Assistant -City -Planner discussed-his°report:of October 10, 1978, and recommended that-the.Planning_Commission direct staff to prepare a -comprehensive ordinance amendment;ihat-would forthrightly require improvement items such as concrete curb-and.gutter.on all business, commercial,' -and industrial development proposals. . Tim Stone moved to require concrete -curb and.gutter on the site except along: -the western property line,where rolled asphalt curb will -be allowed. 'Motion seconded by Jerry Neher. The following voted in, -.favor: Pat. Swenson, Tim Stone, -Walter Thompson, Dick Matthews, and Jerry,Neher:..Roman-Roos voted no. Motion carried. Roman Roos I want,concrete curb and gutter but only along the �. perimeter of the property that's fronting on streets. -The property on the western and the southern portion I didn't desire concrete curb and gutter. Planning Commissir Meeting October 25, 1978' -11- Tim Stone moved to direct staff to prepare an-- ordinance amendment standardizing residential, commercial, and industrial subdivisions. Motion seconded by Dick Matthews and unanimously approved. PRELIMINARY DEVELOPMENT PLAN - NEW HORIZON HOMES, INC:_ Representatives of New Horizon Homes were present to discuss their proposed development on the east side of Powers Blvd. The revised plan shows the street pattern of the proposed development east of MSAS 101 has been altered to directly align with the entrances proposed west of MSAS 101. The entrance onto Powers Blvd. has been deleted: The Planning Commission previously requested that the Park and Recreation Commission review the need for pedestrian access to the park area. Information should be provided that can be incorporated into a grading plan that would provide for noise abatement for the properties adjoining Powers Blvd. and MSAS 101. The applicant should have the plan reviewed by the Riley Purgatory Creek Watershed District prior to the public hearing. Dick Matthews moved to hold a public hearing on November 22, 1978, pending receipt -of comments from the watershed district. Motion seconded by Walter Thompson and unanimously approved. SUBDIVISION - MARGUERITE' GALLAGHER: Mrs. Gallagher is requesting approval to subdivide 6.81 acres into six lots. The property is located on Hummingbird Road and is zoned R-1. Sanitary sewer and water are available to the property. Dick Matthews moved to hold a public hearing on December 13, 1978, to consider the Gallagher subdivision request. Motion seconded by Jerry Neher and unanimously approved. SUBDIVISION - MICHAEL'SORENSON: Mike Sorenson was present requesting approvat to subdivide Y acres into one lot near 7606 Erie. The proposed house on the new lot is to gain access via a 420 foot driveway from Erie Avenue. A portion of the driveway is shown to be an easement for ingress and egress to the City of Chanhassen for access for carrying out maintenance on the holding pond west of the property. r-. The Assistant City Planner prepared a possible alternative access to the drainage pond and the proposed new lot as well as a way to subdivide the surrounding property. f�Tt "- 'zaA4,'[, Dick Matthews moved to hold a public hearing to consider a public street from Erie Avenue to Frontier Trail on November 22, 1978. Lotion seconded by Pat Swenson and unanimously approved. SUBDIVISION - ROBERT SOMMER: Dick Matthews moved to hold a public Baring on November 22, 1978, to consider the possibility improvement in the Murray of a public project general vicinity of Hill Road and Melody Hill Road. Motion seconded by Jerry Neher and unanimously approved. Dick Matthews moved to adjourn. Motion seconded by halter Thompson and unanimously approved. Meeting adjourned at 11:15 p.m. Don Ashworth City Manager CITY'OF CHANHASSEN 7610 LAREDO DRIVE!P O. BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 24, 1978 TO: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel. SUBJ: Hansen and Klingelhutz Warehouse Development Contract Review APPLICANT: Hansen and Klingelhu.tz Builders, Inc. PLANNING CASE: P-481 As you remember, this item was scheduled at the previous Planning Commission Meeting, however, the applicants were not in attendance to discuss the matter. Another copy of the planning report of October 10, 1978 has been included with this planning commission packet for your review. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 10, 1978. TO: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel SUBJ: Discussion of H & K Development Contract for Burdick Park APPLICANT: Hanson & Klingelhutz Builders, Inc. PLANNING CASE: P-481 Mr. Hanson and Mr. Klingelhutz have brought to the attention of the City Staff, that they wish to have deleted from their development contract the requirement for concrete curb and gutter within the parking areas around the development. Essentially, their point of contention is that the Issue of concrete curb and gutters within. the parking and maneuvering areas of the development was not specifically spoken to during the plan review process. Admittedly the lack of discussion concerning the curb, and gutter in the parking area; may have been a procedural oversight in the context of the manner in which the present ordinances are written, however, this report contains some qualifying comments that I believe should be entered into the discussion before any decision is made regarding this request. First of all advantages of curb and gutter. in parking areas are obvious, such as the channelling of storm water drainage and run. -off, its quality of being the most attractive and effective method to define and separate designated use areas, it aids in carrying out parking enforcement, it is better for maintaining landscape and has longevity that has no rival from other methods of outlining parking areas. It is my feeling that a significant amount of effort was devoted to this particular request from the Planning Department in attempting to establish its compatability in an area that is expected to undergo significant change from the current zoning district allowances. Many of the arguments made were general and conceptual in nature and not necessarily taking greatest precaution to include the every detail needed to be spelled out in site plan reviews. If the argument that the mere lack of mention of the detail of curb and gutter is sufficient to exclude it as a requirement, then this office would be most anxious to enact PLANNING REPORT -2- sober 10, 1978 an ordinance that would blanketly require all parking areas to be hard - surfaced with concrete curb and gutter borders. It was my hope- that this development would reflect the same standards that have been set by previous developments in Chanhassen which Have agreed to install parking areas with concrete curb and gutter, i.e. the Press, MTS, Sorenson building, and the H:anus facility. The City files contain a letter from the City Engineer, dated April 26th, 1978 which does include the concrete curb and gutter in the parking areas as improvements which required bonding.°This appears to support the position that the provision of concrete curbed parking areas within the City will be expected from all developments proposed. It was previously mentioned that the contention was that the plan review was not specific to the curb and gutter issue, however, conversely the plan approved on July 6, 1978, also dial not differentiate between the treatment of the street boulevard, which is standardly concrete curb with hard surface pavement, and the parking area itself. I believe that the exclusion of concrete curb and gutter from the parking area as requested, would have a depreciation accelerating affect on the subject property, have a downward push on the values of surrounding properties, and set a less than: desired standard for the area in general. After review of the proposal at hand, I feel it would be appropriate for the Planning Commission to direct staff to prepare a comprehensive ordinance amendment that would forthrightly require improvement items such as the one at hand on all business, commercial, and industrial development proposals. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: August 16, 1978 TO: Assistant City Attorney, Craig Mertz FROM: Assistant City Planner, Bob Waibel SUBJ: Hansen and Klingelhutz Warehouse Development Contract/Conditional Use Permit As per your previous request of the Planning Department for input on the subject items, I have the following information: 1). Setbacks: A setback variance has been approved to allow the building to be constructed 25 feet from Picha Drive. A variance was simultaneously approved to permit parking up to the western property line. All other setbacks should be in conformance with the plan approved on July 6, 1978. 2). Outside Storage: There is to be no outside storage, with the exception of dumpster facilities. 3). Overnight Parking: There shall be no overnight parking of vehicles,with the exception of utility commercial vehicles no larger than a pick up truck or a van. 4). Loading Dock: The loading dock shall conform to what is indicated on the plan approved July 6, 1978. 5). Parking Arrangements: There shall be a total of 67 parking spaces all having a width of 9 feet and a depth of 20 feet. 18 spaces of 60 degree parking are to be located on the east side of the building with clear aisle widths of 18 feet, 8 spaces of 90 degree parking are to be located on the south side of the building, 12 spaces of 90 degree parking are to be located on the south property line of the subject property, and 29 spaces of 90 degree parking are to be located along the west property line of the subject property. There will be no parking spaces on the area along the west.property line parallel to the loading dock area. All 90 degree parking shall have, in addition to required depth, 24 feet of clear aisle width. Parking is to be in accordance with the plans approved. Mr. Craig Mertz -2- August 16, 1978 6). Screening and Berming: The dumpster area shall be screened. Berms are to be constructed pursuant to the landscaping plan on file. 7). Architectural Treatment: The building is to be constructed of concrete block utilizing stacked square block except for a decorative band of vertical fracture blocks creating a relief effect shadow line and a new texture. The window band will create a horizontal line and in turn help to give the building a low profile. Over each entrance will be a canopee projected out 6 feet and night lights will be installed to shine down and light the entrance. The blocks are to be painted white or light gray and the vertical band is to be a dark gray. All signage is to be reviewed by the Sign Committee. 8). Bonding: A performance bond for the completion installation of hard surface driveways and parking areas, of concrete curb and gutter for those areas in the amount should be posted with the City. of landscaping, and installation of $15,000 BOARD OF ADJUSTMENTS & APPEALS MOTIOY SHEET << PLANNING CASE:y�/ APPLICANT: gA1Vs1&c`7 "'CfrJ�;zs�)U�� REQUEST: MEMBERS PRESENT: ! 0 MOTION ' SECOND: 3. s MOTION: Recommend that the City Council yam' GROUNDS FOR RECOMMENDATION: PUBLIC COMMENTS: CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: July 5, 1978 TO: Board of Adjustments and Appeals FROM: Assistant City Planner, Bob Waibel SUBJ: Hansen and Klingelhutz Office/Warehouse/Manufacturing Building Proposal APPLICANT: Hansen and Klingelhutz Construction, Inc. PLANNING CASE: P-481 Petition The petition before the Board of Adjustments and Appeals is to consider a front yard setback variance and a parking setback variance for the H & K proposal in Burdick Park Addition. Background 1. Community Location: As shown in enclosure 1, the subject property is located on lots 4 and 5, Block 2, Burdick Park Addition. 2. Existing Zoning: The subject property and all the properties south of Pich.a Drive in the Burdick Park Addition are presently zoned I-1, industrial district. The properties to the east and west of the subject property are zoned R-lA, agricultural residence district. 3. Utilities: Sanitary sewer and municipal water are available to the subject property. Planner's Comments 1. As shown in enclosure 2, the city council moved to approve the plans of H & K, pending favorable recommendation from the Board of Adjustments and Appeals, regarding the aforementioned variances. 2. As shown in enclosure 3, the applicant is requesting a variance to the front yard setback requirements of ordinance 47. The applicant is proposing to utilize a 25 foot front yard setback to allow adequate turning room for a standard 9 ton vehicle at the south end of the proposed Board of Adjustment: and Appeals -2- July 5, 1978 structure. Ordinance 47 requires a front yard setback of 30 feet. Additionally, the applicant has requested that parking be permitted up to the west property line of lots 4 and 5. The land adjacent to the west of the subject property is zoned R-lA, and zoning ordinance 47 states that parking areas adjoining other districts (R-lA) shall not be located closer than 25 feet to the side or rear property line. It is the belief of this planner that, 1) there exists a lack of zoned land with services availab -P� that are intrinsically suited for this permitted use which predicated the applicants choice of this property for the construction of the subject proposal, and 2) that the land adjacent to the west of the subject property will either assume a more commercial identity or remain in its present forested condition pursuant to an HRA Downtown Redevelopment Plan. Planner's Recommendation I recommend that the Board of Adjustments and Appeals move to recommend that the City Council approve the plans of H & K for the Burdick Park Addition including the variances requested for front yard setback of 5 feet and. parking area setbacks of 25 feet to the western property line. r Wes, A - d on aco°°oo� ���p0e4'�'♦ rQ c>— .. • �CC�CC'�CGI[�'C d0 ro; 0o cici non c o call m oQ v� fF Lake Susan a LARSON & MERT7. ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL HARVEYE.SKAAR MARK C.McCULLOUGH June 28, 1978 Donald W. Ashworth City. Manager Box 147 Chanhassen, Minnesota 55317 Re: H & K Warehouse Variance Application Dear Don: TELEPHONE (612) 335-9S65 You have asked us whether the City can require Hansen and Klinglehutz to enter into a development contract or use permit with the City as a pre -condition to City approval of their building plans for Lots 4 and 5, Block 2, Burdick Park Addition. We are of the opinion that such a contract can be required. Ordinance 47-A adopted February 4, 1974, rezoned the subject property from R-lA to I-1. The applicant has advised the City that it is familiar with the "permitted uses" which are enumerated in Section 12.02 of Ordinance 47 for I-1 properties, and that its proposed use of the property would be limited to those "permitted uses". Thus there is no legal basis for requiring a conditional use permit as such. However, the applicant has requested numerous variances from the set back requirements and loading dock standards which are required in . I-1 zones. Section 462.357(6) of Minnesota Statutes Annotated provides that the municipality's Board of Adjustment and Appeals has the power "to hear requests for variances from the literal provisions of the [zoning] ordinance in instances where their strict enforcement would cause undue hardship...". M.S.A. §462.354(2) allows municipalities to reserve to the City Council the power of final decision making on variance requests. Section 22.04 of the Chanhassen zoning ordinance reserves this power to the City Council. Section 22.0:2 of the Chanhassen zoning ordinance provides that the Council may impose conditions on a variance approval. Donald W. Ashworth Page Two June 28, 1978 Section 462.357(6) also provides in relevant part: "...[the] governing body. ..may impose conditions in the granting of variances to insure compliance and to protect adjacent properties". In view of the foregoing, it is our opinion that the City of Chanhassen possesses the requisite authority to require the applicant to enter into a development contract which incorporates any pro- tective conditions imposed by the City Council. The Planning Department should develop specific recommended con- ditions regarding such topics as: a) The actual set backs to be stipulated between the City and the applicant; b) outside storage; c) overnight parking of commercial vehicles owned by building occupants; d) loading dock configuration; e) location, number and size of parking stalls; f) screening, fencing and berming; g) through -traffic aisles; h) building exterior treatment; and i) any other matter which is logically related to the purpose for which the Ordinance 47 set -back requirements were established. very truly yours, A/- CRAIG M. MERTZ Assistant City Attorney CNiNi: jep cc o Waibel CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) Donald Ashworth , being first duly sworn, on oath deposes and. says that he is and was on June 26 19 78 , the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a Variance Request for Hansen & Klingelhutz Construction Co. inthe City 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 mails 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 of Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of --_. Notary Public NOTICE O� HEARS a VaAn �pAeal � ��ahce O ar2d AX'Ae aZon— . Al �uxy 6� -I9 j8 PZac 1�teres�e� �'ez's e. . APPX'XCAIJ7'. _ - PLANS_ H Hansen a� �en warehcuseiM and Park Addz � o ufa c t u require P Varian. lan area s ces �o 47. etback requixe mew CITY OF CHANHASSEN NOTICE OF HEARING BEFORE THE BOARD OF ADJUSTMENTS AND APPEALS An appeal has been filed with the -Zoning Administrator for a variance of Zoning Ordinance'No. 47. The Board of Adjustments and Appeals will conduct a hearing on,this appeal on Thursday. , July 6, 1978 at' 7 -40 p.in at -City Ha-11—7.61-0 Laredo. Drive All interested -persons may -appear and.be heard at said time and. place. APPLICANT: Hansen -and K1.ingelhut.z'.Construction Company PLANS- Hansen and Klingelhutz is proposing to construct-an.'office/ warehouse/manufacturing facility on Lots 4 and-5, Block 2; Burdick Park Addition. Plans as'submitted-by Hansen and-'Tklingelhutz will require variances to front yard setback 3�equirements.and parking area setback requirements for I-1 Industrial districts.of Ordinance 47. 426 Lake Street Excelsior, MN 55331 d 21 Hansen and Klingelhutz 516 Del Rio Drive Chanhassen, MN 55317 I r' 1 Anne Picha c/o Perbix, Harvey &Simon' Box 190 Hopkins, MN 55343 f i Bloomberg Companies 501 West 78th ST.� Chanhassen, MN 55317 �I i, i Dunn and Curry Real Estate 4940 Viking Drive t, Pentagon Office Park ! Minneapolis, TJN 55435 Mr. Victor Schmieg Hackensack, MLV 56452 CFf1G`�6c�N1icZ¢�iIU,?EFL 57,1!igq L ..i4 I,-) "BOARD OF REVIEW MEETING JUNE 8, 1978 Councilman Waritz, Councilman Geving, and Craig Mertz, Assistant City Attorney, were present. Catherine Diethelm and Margaret Julius from the County Assessor's Office were present to explain the assessing procedures and answer questions. Due to the lack of a quorum the meeting was continued to June 12, 1978. Requests for review were received from Mr. and Mrs. Peter Lindquist, 10608 Utica Road, Bloomington, and John Kreger. Both parties were advised they would have to come to the meeting on June 12 in order to pursue an appeal. Don Ashworth Ci LL-v Manag ei CONTINUATION OF JUNE 5, 1978, COUNCIL MEETING HELD JUNE 12, 1978 Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present: Councilmen Neveaux and Waritz. Councilman Pearson and Councilman Geving were absent. Craig Mertz, Bob Waibel, and.Bill Brezinsky were present. BOARD OF REVIEW: Catherine Diethelm and Margaret Julius were present. There being no one from the public present, Councilman Waritz moved to close the Board of Review meeting. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Neveaux and Waritz. No negative votes. Motion carried. PRELIMINARY DEVELOPMENT PLAN, HANSEN AND KLINGELHUTZ - BURDICK PARK ADDITION: Tom Klingelhutz, Jim Hawks,-B. C. (Jim) Burdick, and John Huber were present. Bob Waibel presented the staff report dated June 2, 1978. Hansen and Klingelhutz are proposing to construct a 19,800 square foot office/warehouse/manufacturing facility on Lots 4 and 5, Burdick Park Addition. The property waa rezoned to I-1 on April 16, 1973. Variances are requested for the front yard setback of 25 feet along Picha Drive and for parking along the west property line. At the May 10,'1978; Planning Commission meeting members voted to recommend the Council approve the facility subject to: 1. That an adequate development contract controlling the visual quality of the grounds be implemented. 2. That the proposed rear yard setback be allowed as submitted. 3. That parking up to the westerly property line be permitted. 4. That the clear aisle widths by the loading docks be increased to meet ordinance standards. 5. That the loading dock width be increased to 12 feet. 6. That the berm at the north access on Mandan Drive should not exceed 211 feet in heights.. 7. That more detailed information be supplied concerning the outside storage facilities. 8.. That information regarding the architectural treatment of the building be furnished. 9. That plans for signage be submitted for Sign Committee review. 10. The developer submit a lighting plan for review by the Planning Commission. ,-, Council Meeting Jun: '12, 1978 , -2- 4111. The front yard setback is 2�feet. The ordinance calls for a 30 foot front yard setback. 12. The developer consider 45o angle parking along the west property line. The Guide Plan and CBD Plan show the area to the west to be something other than R-lA, therefore, the Planning Commission recommended a side yard variance be granted. Mr. Hawks explained that the proposal is based on the assumption that Mandan and Picha Drive will be installed. The berm at the north access on Mandan Drive has been reduced as per Planning Commission request. ;They are proposing a 25 foot front yard setback along Picha Drive. 14r. Hawks stated that products would not be stored outside but service trucks or trailers may be parked over night. The City Engineer has reviewed the plans and also the street plans for Mr. Burdick. He felt that Picha Drive west of Mandan should' -not be installed to its full width at this time because of the uncertainty of the HRA proposal. Picha could be 20 feet in width at this time and be expanded as needed. The City Manager recommended Picha Drive be in.stalled-to City Standards with concrete curb and gutter_•at this t im.e . ,7r. Burdick asked that the Council approve the original approved street plans for asphalt street and asphalt curb. instead of concrete curb. City Standards -now call for concrete curb and gutter. Councilman Neveaux moved to approve the building plans for Hansen and Klingelhutz off ice /warehouse/rnanufacturing�.proposal,-Planning Case P-481, as referred to in the Assistant City Planner's report of June 2, 1978, subject to receiving favorable recommendation from the Board of Adjustments and Appeals on the referred to sections of Chanhassen City Ordinance 47. Motion seconded by Councilman. Waritz. The following voted in favor: Mayor Hobbs, Councilmen Neveaux and Waritz. No negativevotes. Motion carried. Mr. Burdick asked for clarification of the concrete curb and gutter. The City Engineer stated that Picha Drive to the west will be in accordance with City Standards with concrete curb and gutter. CONSENT AGENDA: Mayor Hobbs asked if any Council member wished to discuss any items on the consent agenda. Mayor Hobbs requested items a and c be discussed separately. As no other Council members questioned items on the consent agenda, the Mayor asked staff if any citizen comments had been received-. -Being none, the Mayor entertained a motion from Councilman Neveaux and seconded by Councilman Waritz to approve the following items pursuant to the City Manager's recommendations: b. Mutual Aid Association Agreement, Carver County Fire Departments. d. 1978 Investment Program. e. Accept Feasibility Study and Set Public Hearing - East Highway 5 Frontage Roads -and Utility Installation. Resolution #7.8-28. f. Curb Cut - Riviera Club Parking Lot. The following voted in favor: Mayor Hobbs, Councilmen Neveaux and ` Waritz. No negative votes. Motion carried. CITY CHANHASSEN 7610 LAREDO DRIVE®P.0 BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: June 2, 1978 TO: City Manager, Don Ashworth FROM: Assistant City Planner, Bob Waibel SUBJ: Hansen and Klingelhutz, Office/Warehouse/Mfg. Proposal, Lots 4 and 5, Block 2, Burdick Park Addition APPLICANT: Hansen and Klingelhutz PLANNING CASE: P-481 pof-; +-; ^r Hansen and Klingelhutz are proposing to construct a 19,800 square foot office/warehouse/manufacturing facility on Lots 4 and 5, Block 2, Burdick Park Addition. The Planning Commission at this time, is conducting the site plan review, procedures for which are included in enclosure 1. Background 1. Community Location: As shown in enclosure 2, the subject property is located in the southwest quadrant of the intersection of Mandan Drive and Picha Drive. 2. Zoning: The subject property and all the properties south of Picha Drive in the Burdick Park Addition are currently zoned I-1, Industrial District. The remaining properties in the Burdick Addition are zoned C-2, Commercial District. The properties to the east and west of the subject property are zoned R-lA, Agriculture Residence District. 3. Utilities: Sanitary sewer and municipal water are available to the subject property. 4. Comprehensive Plan Proposal: a). Land Use: The adopted City Guide Plan shows the subject property as General Commercial. b). Transportation: As shown in enclosure 3, the Central Business District Plan, Mandan Drive is to function as a collector street and Picha Drive is to function as a local street. Don Ashworth -2- June 2, 1978 Planner's Comments 1. In reviewing this proposal, it was necessary to attempt to inventory the various planning elements that have influences on the Burdick Park area. Specifically, these elements were the Comprehensive Plan, Zoning Ordinance 47 and 47-A, the CBD Plan of 1972, and the newly proposed, and potentially to be adopted, Downtown Redevelopment Concept Plan. In regards to transportation, the only definitive information on Burdick Park is what was cited above in the transportation background, however, significant variations exist between the CBD Transportation Plan and the Concept Plan which are as follows: a). The CBD Plan illustrates Mandan Drive as being essentially a southern extension, of the soon to be constructed MSAS 101, with Picha Drive intersecting Mandan approximately 300 feet north of the end of the planned cul-de-sac. Picha Drive is shown as providing east/west movement for approximately 3500 feet between Great Plains Blvd. to a point just east of Co. Rd. 17. b).The circulation patterns proposed in the Redevelopment Concept Plan has the same treatment for Burdick Park with the exception that Picha Drive has been deleted due to the ring road function. This proposal .would then classify Mandan as an inordinately long cul-de-sac, however, this problem might be solved through minimal redesign work for Mandan Drive itself. 2. As like the criteria for transportation, the land use criteria varied from three different sources. The Comprehensive Plan of 1968 and the CBD Plan of 1972, indicate the subject property and its environs as general commercial. On April 16, 1973, the subject property was rezoned to I-1 Industrial District. The Redevelopment Concept Plan, proposes that the subject property be used for General Business. Pursuant to zoning ordinance 47, the General Business proposed in the Concept Plan is incompatible with the current I-1 zoning. The interim problem with this particular proposal is when and in what fashion, will the concept plan be implemented, i.e. Will there be absolute zoning changes made to reflect the concept plan, and what specifically will the general business category include? Presently the general business category of the Concept Plan does not specifically include land uses for office/warehouse/ or manufacturing activities. 3. Presently this property and the north half of Frontier Development Park are the only unoccupied industrially zoned properties in Chanhassen with services readily available to it. This situation predicated that the subject proposal be located in either of these two areas essentially because of the proposed warehouse and light manufacturing uses. Incidentall the Frontier Development property zoned I-1, is also recommended for use change in the Concept Plan. 4. From a planning perspective, it would have been preferable if there had been available a much larger tract of similarly zoned land where this proposal could have been located along with facilities of a like identity on a larger scale. Also, from a planning perspective, I believe that the plans submitted to date indicate that this proposal could Don Ashworth -3- June 2, 1978 conceivably be compatible with what may eventuate through the Downtown Redevelopment Project. Of primary importance to this compatibility is the existence of a very comprehensive development contract that would ensure optimal visual quality of the facility. 5. Section 12.05, Subsection 2(a) of Ordinance 47 states that "a (industrial) site adjoining any Residential District shall have a rear yard having a depth of not less than 75 feet." The proposed site plan indicates a rear yard of 45 feet to an R-lA zone and 35 feet from the loading dock to an R-lA zone. I believe that the present R-lA status of the property to the West will either assume a commercial identity as per the Downtown Concept Plan and the 1972 CBD Plan, or remain in its present forested condition. 6. Section 12.08, Subsection 3(a), Ordinance 47 states, "Parking areas adjoining other districts (R-lA) shall not be located closer than 25 feet to the side or rear property line. Truck traffic shall be routed around and not through automobile parking areas." As in 5 above, I believe the surrounding properties will become increasingly commercial, and that the parking should be allowed up to the western property line. As to the truck traffic through the automobile parking area, I feel it should be allowed due to the absence of suitably sized industrial parcels available and to the extent that the developer can assure that the future tenants of the building will not generate significant volumes of truck traffic. 7. Section 12.08, Subsection 4(c), states, "Off street loading facilities shall be designed in areas not.less than 12 feet in width and 65 feet in length exclusive of aisles and maneuvering space." The plan_ as submitted is deficient in the loading length requirement by 27 feet. Reviewing the particular plans, it is difficult to realize any appreciable benefits in requiring the total compensation of this 27 foot deficiency. S. The applicant had originally planned to utilize af- 20 foot setback off of Pich.a Drive. This distance has since been negotiated and a 25 foot setback is now proposed in order to achieve a balance between required 30 feet by ordinance, yet allow for any large truck maneuvering around the building. 9. At the Planning Commission Meeting of May 10, 1978, conditions of approval were placed on the.subject proposal and are as follows: a. That the clear aisle widths by the loading docks be increased to meet ordinance standards. b. That the loading dock width be increased to 12 feet. C. That the berm on Mandan Drive be reduced in elevation, and that the setback from Picha Drive be increased to 25 feet d. More detailed information be supplied concerning the potential outside storage problems. e. That more detailed information regarding the architectural treatment of the building be furnished. These above mentioned items have been complied with and incorporated into the plans. Don Ashworth -4- June 2, 1978 Planner's Recommendation I recommend that the City Klingelhutz's preliminary and encouraging Hansen an development plans. Council look with favor upon Hansen & development plans by approving said. plans d Klingelhutz to proceed, with the final. \Ji)�• •• - LUIUS ;a Lucy �' • • • • _ ' ((f 1 i• • �, \\�ii •• 0 PK • • \ . • • •. .F •F I Lake • 1 ie Ann J •• \ " PK • • • • OF rpAl P� �E�ery •- � � 1 - FJ pg O B U VAR OF -- e ° �® a •F • v • © RB ®• • Pe • OF •F `LS •F R9 RR act - FL PAG�FIC oPe � • • • - .. s OF =_, _. .. ITS • • • ... OF PK Lake Susan Rice Marsh �l Lake OF � OF _ of _ — lee ' 34 O J _ 34 • LYMAN PL Y BOULEVARD • • • • OF I PK Lake + • �® Riley • Of , ��\\� OF Q F I •r • • - r-✓ � M S p1ONEER TRAIL • ' •F •F S .,��..� • _ .-. �'J iT'- }t" 'gin . r ( '�°,�-�,+�'CR� j.. .,�gt.'T'"'i� _ _ t� +; °n;, - - • -• -* - - - ... c'' ' Ir- -�- - CJ 1..�% 1 - ryr r CJt �P GJ N � c vz v z n Nm {n I D m mm m a �Z < y O m r w Z cn J I C) CO 00 `J � F� c) MD _ x G) z M,!5 m m DO y G m m O D 'p m _ p n m �z a 4 CM" Y - n co v .-m : A ..•'�a - a� k� O t Sn§ m f - C,i. F 3- y om .00 .� U, w \ s --�rOD s cn �zm , \, Z z G_ F rn i m _ � y 6 WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L.HANSON ��: - - SCHOELL & MAOSON, INC. RAYMONJACKS ILLIAMD J. REZINS N WILLIAMJ.BREZINSKY �.'-- � ENGINEERS AND SURVEYORS JACK E. GILL ROONEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 KENNETH E. ADOLF WILLIAM R. ENGELHARDT OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS BRUCE C. SUNDING May 5, 1978 City of Chanhassen c/o Mr. Don Ashworth, Administrator Chanhassen, Minnesota 55317 Subject: Burdick Park, Proposed Warehouse Hansen & Klingelhutz Our File No. 7120 Gentlemen: We have reviewed the warehouse and office facilities proposed by Hansen & Klingelhutz Construction as shown on the plans prepared by Robert J. Davis and James Hawks. These facilities are proposed for Lots 4 and 5, Burdick Park. Sanitary sewer and watermain to serve the proposed site were installed in 1973. The two 6-inch sewer and two 6-inch water services serving the site will provide adequate service. Street and drainage facilities are scheduled for construction this year in accordance with the attached plan prepared by Consult- ing Engineers Diversified on April 13, 1978, and approved, with revisions, by our firm on April 21, 1978. A development contract for this work has been prepared by City Staff.and forwarded to the owner. We recommend approval of the plans subject to execution of the development contract. Very truly yours, SCHOELL & MADSON, INC. j WJBrezinsky:sg attachment (Plans) HANSEN & M040 KL INGELHUTZ To: Chanhassen Planner, Bob Waibel construction, inc. From: Hansen & Klingelhutz by J. Hawks Subject: Response to questions raised during May 8 Planning Commission meeting 1. It was recommended that the loading dock be increased in -width from 10 feet to 12 feet. We agree that this is a good recommendation and the plans will be changed. 2. Outside storage appeared to be of much interest. The design as submitted does not provide nor is it intended that any occupant of the building shall store or work on any goods or products in the area shown as off street parking. Two dumpsters are to be provided as a trash service for the building and they are to be kept within an enclosed area. This area is zoned "Industrial" and our proposal is to offer an office -warehouse facility primarily to service businesses. A service business by nature, typically takes the service to the customer, thus, most will have one or more trucks. In addition, some may have special equipment such as compressors, trailers, tank trucks or other vehicles. During certain times of the day vehicles will be in the vehicles parking lot which we do not consider as storage. It is important to project an attractive appearance and this is our interest. 3. Aisle along side of the loading dock will not permit full size automobiles to use the spaces as drawn, thus 5 parking spaces shall be removed leaving 67. However, with todays transportation crunch it has been found necessary to provide for motorcycle and bicycle parking. The space south of the loading dock is almost perfect and will accomodate 10 spaces. 4. Architectural detail is becomning more important for people not only want a pleasant house, they want to work in an attractive building. The proposal is to construct a concrete block building utilizing stacked square block except for a decorative band of vertical fracture blocks creating a relief effect shadow line and a new texture. The window band will create a horizontal line and in turn help to give the building a low profile. Over each entrance will be a canopee projected out 6 feet and night lights will be installed to shine down and light the entrance. The blocks are to be apinted white or light gray and the vertical band is to be a dark gray. Each 30 feet bay is to be assigned a name plate advertising space of 2 feet by 15 feet along a designated horizontal strip. 5. Theonly other sign we wish to install is a 2' x 8' sign on the corner identifying the building so as to help people to more easily locate on of the businesses in the building. 7198 FRONTIER TRAIL a CHANHASSEN, MINNESOTA 55317 a (612) 474-4146 Planning Commissio7'—"IZeeting May 10, 1978 -7- SITE PLAN REVIEW - HANSEN & KLINGELHUTZ: Tom Klingelhutz, Doug Hansen, Jim Hawks, and Jeff Swedlund were present. H. & K. are proposing to construct a 19,800 square foot office/warehouse facility on Lots 4 and 5 Burdick Park. The property is currently zoned I-f and is shown on the HRA plan as General Business. Sewer and. water are available to the property. The proposed building has seven 30' x 90' bays and approximately 600 square feet of that will be office. Seventy-six parking spaces are shown but some may have to be eliminated near the loading dock. No materials will be stored outside but vehicles may be parked outside. The building will be eight inch concrete block with a fractured block band along the top for decoration. Walter Thompson moved to recommend the Council look with favor on the Hansen and Klingelhutz office/warehouse facility subject to: 1. That an adequate development contract controlling the visual quality of the grounds be implemented. 2. That the proposed rear yard setback be allowed as submitted. 3. That parking up to the westerly property line be permitted. 4. That the clear aisle widths by the loading docks be increased to meet ordinance standards. 5. That the loading dock width be increased to 12 feet. 6. That the berm at the north access on Mandan Drive should not exceed 22 feet in height. 7. That more detailed information be supplied concerning the outside storage facilities. 8. That information regarding the architectural treatment of the building be furnished. .9. That plans for signage be submitted for Sign Committee review. 10. The developer submit a lighting plan for review by the Planning Commission. 11. The front yard setback is 23 feet. The ordinance calls for a 30 foot front yard setback. 12. The developer consider 450 angle parking along the west property line. The Guide Elan and CBD Plan show the area to the west to be something other than R-1A, therefore, the Planning Commission recommends a side yard variance be granted. Motion seconder? by Jerry Neher and unanimously approved. Dick Matthews moved to adjourn. Motion seconded by Les Bridger and unanimously approved. Meeting adjourned at 12:30 a.m. Don Ashworth City Manager Lanning Commissio,' 'leeting May 10, 1978 �r -7- SITE PLAN REVIEW - HANSEN & KLINGELHUTZ: Tom Klingelhutz, Do Hansen, Jim Hawks, and Jeff Swedlund were H, Doug present. proposing to construct a 19,800 square foot office/warehoK are on Lots 4 and 5 Burdick Park. The property is currently zoned.aYility and is shown on the HRA plan as General Business. are available to the propert Sewer and water bays and a y• The proposed building has seven 30, x 90'pproximately 600 square feet of that will be office. Seventy-six parking spaces are shown but some may have to be eliminated near the loading dock. No materials will be stored outside but vehicle may be parked outside. The building will be eight inch concrete blo vehicles with a fractured -block band along the top for decoration. ck Walter Thompson moved to recommend the Council look with Hansen and Klingelhutz office/warehouse facility subject 1. That an adequate development.contract controlling the of the grounds be implemented. 2. That the proposed rear yard setback b 1 3 Th favor on the to: visual quality at parking up to the westerlye a lowed as submitted._ 4. That the clear aisle widths bytbropertyline be permitted. to meet ordinance standards, loading docks be increased 5. That the loading dock width be increased to 12 feet. 6. That the berm at the north access on Mandan Drive should no exceed 22 feet in height. t 7 That more detailed information be supplied concerning the Outside storage facilities. 8. That information regarding the architectural treatment of t building be furnished, he 9. That plans for signage be submitted for Sign Committee review. 10. The developer submit a lighting plan for review b Commission, y the Planning 11. The front yard setback is 23 feet. The ordinance calls for foot front yard setback. a 30 12. The developer consider 450 an le 1 ine. The Guide Plan and CBD Plan gshowathe nareaoto the west tthe west ooberty something other than R-lA, therefore, the Planning Commission recommends a side yard variance be granted, ends Motion seconded by Jerry Neher and unanimously approved. Dick Matthews moved to adjourn. Motion seconded by Les Brid er a unanimously approved. Meeting adjourned at 12:30 a.m, g nd Don Ashworth City Manager CITY OF CHANNASSru 7610 LAREDO DRIVEoP.O. BOX 1479CHANHASSEN, MINNESOTA 5531 (612) 474-8885 7 PLANNING REPORT DATE: May 8, 1978 TO: Plannin Del Rio Dive, commission, Staff and Hansen and Klingelhutz Chanhassen 516 FROM: Assistant City Planner, Bob Waibel SUBJ: Hansen and Klingelhutz Lots 4 and 5 Office/Warehouse/Manufacturing Proposal, ,.Block 2, Burdick Park Addition. APPLICANT: Hansen and Klingelhutz PLANNING CASE; P-481 Peter Hansen and Klingelhutz are office/warehouse/manufacturinopfacilitosing o construct a 19,800 s Park Addition. The Planning g y on Lots 4 and 5 square foot the site plan review, g Commission at this time, is conductingock 2, urdick Commission for which are included in enclosure 1. Background 1• Community Location: As - located in the southwest shown in enclosure 2 Drive and Pi quadrant of the intersectionthe bofcMandanerty Picha Drive. 2• Zoning: The subject Drive in the Burdick ParkpAdditionroperty and arreall the currently zoned District. Properties south of Picha The remaining properties in the Burdick Addition are zoned C-2, Commercial District. I-1• Industrial subject property are zoned RhlAprPerties to the east and west of Agriculture Residence District. the 3. Utilities: Sanitary sewer and municipal water are available to the subject property. 4. Comprehensive Plan Proposal: a)• Land Use: The adopted City Guide Plan shows as General Commercial, ows the subject property b). Transportation: As shown in enclosure 3 District Plan, Mandan Drive is , the Central Business tl function as a collector street and Picha Drive is to function as a local street. Planning Commission -2- May 8, 1978 Planner's Comments 1. In reviewing this proposal, it was necessary to attempt to inventory the various planning elements that have influences on the Burdick Park area. Specifically, these elements were the Comprehensive Plan, Zoning Ordinance 47 and 47-A, the CBD Plan of 1972 and the newly proposed Downtown Redevelopment Concept Plan. In regards to transportation, the only definitive information on Burdick Park is what was cited above in the transportation background, however, the new concept plan has a significant variation which is as follows. The CBD Plan illustrates Mandan Drive as being essentially a southern extension of soon to be constructed MSAS 101 with Picha Drive intersecting Mandan approximately 300 feet north of the end of the planned cul-de-sac. Picha Drive is shown as providing east/west movement for approximately 3500 feet between Great Plains Blvd. to a point just east of Co. Rd. 17. The circulation patterns proposed .in the redevelopment concept plan has the same treatment for Burdick Park with the exception that Picha Drive has been deleted due to the ring road function. This proposal would then classify Mandan as an inordinately long cul-de-sac, however, this problem might be solved through minimal redesign work for Mandan Drive itself. 2. As like the criteria for transportation, the land use varied from three different sources. The Comprehensive Plan of 1968 and the CBD Plan of 1972, indicate the subject property and its environs as general commercial. On April 16, 1973, the subject property was rezoned to I-1 Industrial District. The Redevelopmeht Concept Plan, proposes that the subject property be used for General Business. Pursuant to zoning ordinance 47, the General Business proposed in the Concept Plan is incompatible with the current I-1 zoning. The interim problem with this particular proposal is, when and in what fashion, will the concept plan be implemented, i.e. Will there be absolute zoning changes made to reflect the concept, and what specifically will the general business category include? Presently the general business of the Concept Plan is described as 1) Variety of business uses; 2) Supportive of general city commercial needs; 3) Relocation resource. Presently this property and the north half of Frontier Development Park are the only unoccupied industrially zoned properties in Chanhassen with services readily available to it. This situation predicated that the subject proposal be located in either of these two areas essentially because of the warehouse and light manufacturing uses. Incidentally, the Frontier Development property zoned I-1 is also recommended for use change in the Concept Plan. 3. From a planning perspective, it would have been preferable if there had been available a much larger tract of similarly zoned land were this proposal could have been located along with facilities of a like identity on a larger scale. Also, from a planning perspective, I believe that the plans submitted to date indicate that this proposal could conceivably be compatible with what may eventuate through the Downtown Redevelopment Project. Of primary importance to this compatibility Planning Commission -3- May 8, 197$ is the existence of a very comprehensive development contract that would ensure optimal visual quality of the facility. 4. Section 12.05, Subsection 2(a) of ordinance 47 states that "a (industrial) site adjoining any Residential District shall have a rear yard having a depth of not less than 75 feet." The proposed site plan indicates a rear yard of 45 feet to an R-lA zone and 35 feet from the loading dock to an R-lA zone. I believe that the present R- lA status of the property to the West will assume a commercial identity as per the downtown concept plan and the 1972 CBD plan. 5. Section 12.08, Subsection 3(a), Ordinance 47 states, "Parking areas adjoining other districts (R-lA) shall not be located closer than 25 feet to the side or rear property line. Truck traffic shall be routed around and not through automobile parking areas." As in 4 above, I believe the surrounding properties will become increasingly commercial and the parking should be allowed up to the western property line. As to the truck traffic through the automobile parking area, I feel it should be allowed due to the absence of suitably sized industrial parcels available and to the extent that the developer can assure that the future tenants of the building will not generate significant volumes of truck traffic. 6. Section 12.08, Subsection 4(c) states "Off street loading facilities shall be designed in areas not less than 12 feet in width and 65 feet in length exclusive of aisles and maneuvering space. The plans as submitted, have loading facilities deficient by 2 feet in width and by 27 feet in length. It would seem reasonable that the additional 2 feet of width be added to the loading dock. At this point I see no appreciable benefit in requiring the total 27 foot length deficiency be compensated. 7. For parking requirement determination, it would be most beneficial at this point if the applicant could verify the types of tenants that will occupy the building. By applying the most stringent floor area standard of 1 space for every 300 square feet of floor area, there are 66 spaces required whereas the applicant has 72 planned. The 90 degree parking along the west side of the property-h-as clear aisle widths of 15 feet along the loading dock whereas 24 feet are required. 8. At this time, the off street parking abutting the R-lA zone should not be required to have to construct the 4 foot fence or wall as pre- scribed in section 9.07, subsection 2(a), ordinance 47. 9. The berms at the north access on Mandan Drive should not exceed 212 feet in height. Planner �. s `Recommendation I recommend that the Planning Commission look with favor upon this site plan with the following allowances, changes and conditions: 1. That an adequate development contract controlling the visual quality of the grounds be implemented. 2. That the proposed rear yard setback be allowed as submitted in the plans. Planning Commission _4_ May 8, 1978 3. That parking up to the westerly property line be permitted. 4. That the clear aisle widths by the loading docks be increased to meet ordinance standards. 5. That the loading dock width be increased to 12 feet. 6. That the berm referenced in 91 above, be redesigned. 7. That more detailed information be supplied concerning the outside storage facilities. 8. That information regarding the architectural treatment of the building be furnished and is acceptable by the Planning Commission. 9. That plans for signage be submitted for sign committee review. i CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: May 8, 1978 TO: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel SUBJ: Hansen and Klingelhutz Office/Warehouse/Manufacturing Proposal, Burdick Park Addition APPLICANT: Hansen and Klingelhutz PLANNING CASE: P-481 The following are included for your review of the Hansen and Klingelhutz Burdick Park Site Review: Enclosures 1. Chapter Seven, Administrative Procedures, Site Plan Review. 2. Community Location Graphic. 3. a. Street and Road Plan - CBD Plan. b. Redevelopment Concept Plan. 4. Small Scale Location Map. 5. Landscape Plan. 6. Plot Plan. 7. Building Elevation Plan. 8. Floor Plan. 9. Engineer's Report Dated May 5, 1978. 10. Planner's Report dated May 8, 1978. WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL ROONEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT' BRUCE C. SUNDING — SCHOELL & MAOSON, iNc. ENGINEERS AND SURVEYORS 11 93B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS May 5, 1978 City of Chanhassen c/o Mr. Don Ashworth, Administrator Chanhassen, Minnesota 55317 Subject: Burdick Park, Proposed warehouse Hansen & Klingelhutz Our File No. 7120 Gentlemen: We have reviewed the warehouse and office facilities proposed by Hansen & Klingelhutz Construction as shown on the plans prepared by Robert J. Davis and James Hawks. These facilities are proposed for Lots 4 and 5, Burdick Park. Sanitary sewer and watermain to serve the proposed site were installed in 1973. The two 6-inch sewer and two 6-inch water services serving the site will provide adequate service. Street and drainage facilities are scheduled for construction this year in accordance with the attached plan prepared by Consult- ing Engineers Diversified on April 13, 1978, and approved, with revisions, by our firm on April 21, 1978. A development contract for this work has been prepared by City Staff and forwarded to the owner. We recommend approval of the plans subject to execution of the development contract. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:sg attachment (Plans) -61- SITE PLAN REVIEW CASE NO. SPR City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application /1/78 Escrow Paid Date _ Received by — Applicant Name : Hansen,_ Douglas M. Last First Init ai 1 Address: 17001 Stodola Road, Minnetonka, Minnesota 55343 Number and Street City State Zip Code Swedlund , Jeffrey E. Owner: Klingelhutz, Thomas 0. ' First Initial 7340 Longview Circle, Chanhassen, 55317 Address: 225 West 77th Street, Chanhassen, 55317 Number and Street City State Zip Code 17001 Stodola Road, Minnetonka, Minnesota 55343 Address of property in question: Mandan Drive Legal description of property in question: Lot 4 and 5 Block 2 Burdick Park Addition Present zoning of property: Present use of property: Proposed use of property: vacant land office -warehouse -manufacturing The following documents if appropriate shall be attached to this application: Date Received Initial 1. Site development plan 2. Escrow Deposited -62- I hereby declare that all statements made in this application and on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for conditiona use. }� Signatyd re of_��p1 "Ic Signat re of Owner '-7// /- Date Received by Title Date (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY Date B !Application on Industrial Commission agenda Application on Plannin-q Commission agenda Planning Commission ost oned to Planning Commission action Application on Council Agenda Council postponed to Council Action Bscrow Returned Amount PLANNING COMMISSION RECOMMENDATION On this day of 19 , this site plan was recommended for (approval), (di pas pas proval subject to the following conditions.., Chairman of Planning Comm s isi on -63- Action by City On this day of , 19 , the Chanhassen City Council, Carver and Hennepin Counties, Min enin sota (approved), (disapproved this site plan subject to the following conditions: By order of the Chanhassen City Council Mayor Attest: City Administrator CHAPTER SEVEN SITE PLAN REVIEW -58- SITE PLAN REVIEW: COMMERCIAL AND INDUSTRIAL BUILDING PLANS CHRONOLOGY Introduction The City of Chanhassen, by Ordinance, requires the Planning Commission and Industrial Commission to review all building plans for Commercial and Industrial buildings within the C-1,C-2,C-3, and I-1 Use Districts. (Reference Ordinance 31 and 47 and 47A). Step -by -Step Procedure for Processing an Application Involving a Site Plan Review for Commercial and Industrial Buildings. Step 1. PETITIONER All applications for site plan review should be filed in the office of the Zoning' Administrator and shall be accompanied by ten'(10) copies of plans and graphics containing the following information: (Note all plans are to be signed by an architect registered in the State of Minnesota). a, A generalized location map showing the location of the proposed site in relation to the City. b. A scaled plot plan with north indicated, of the proposed site showing all site dimensions. C. All types of proposed uses. d. Location of all buildings and structures on the proposed site. e. Elevation drawings or illustrations indicating the architectural treatment of all proposed buildings and structures. f. Landscape plan including location, size and type of all proposed plant materials. g. General floor plans of all proposed buildings and structures. h. Indication of location, size, and type of storage facilities for the storage of trash and waste materials. i. Drainage plan of the proposed site., j. Design layout and size of all proposed signs. k. Location and size of all required parking spaces. 1. Any plans for the modification of standards set by the zoning ordinance or any other ordinance of the City. M. Deposits with the City an escrow account as outlined in item 10, page 2, said escrow shall be deposited prior to review as outlined in Q t—inn 9 hinl nw -Qi-Aff _ -59- Step 2. ZONING A.DMINZSTATOR &. Reviews documents submitted in Step 1, above, and requests any missing information from petitioner. b. Forwards copies of petition to other city staff. C. Prepare report which includes comments from other staff and forwards copy of plans to Chairman of the Chanhassen Industrial Committee and Chairman of C6ntral Business District Committee (if construction is located within the CBD). Step 3. CHAIRMAN INDUSTRIAL COMMISSION a. Reviews documents and reports as submitted in Steps 1 and 2 above. b. Order meeting of the full Industrial Commission to hear petitioners proposal. c. The Industrial Commission shall recommend to the Planning Commission and City Council particular action in regards to industrial and commercial expansion. Note: the same procedure as outlined in Step 3 shall be followed if the proposal is within the Chanhassen C6ntral Business District Area. Step 4. ZONING ADMINISTRATOR a. Reviews the recommendation of the Industrial Commission and CBD Committee(if appropriate). b. Prepares Planning report which includes comments from the Industrial Commission and forwards copies to each Planning Commission member and petitioner no later than Friday prior to the Planning Commission meeting. Step 5. PLANNING COMMISSION a. Reviews documents and reports submitted in Step 4 above. b. Hears petitioners presentation of the proposed site plan. c. Forwards recommedation to the City Council. Step 6. CITY COUNCIL a. Considers Planning Commission recommendation at second regular meeting after Planning Commission action. b. Approves, approves with qualification or denies petitioners request. C. If approval is granted, the City Council instructs the Building Inspector to issue appropriate permits. d. 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