Letter to Khaled Aloul 05-03-2012 May 3, 2012
CITY OF
CHANHASSEN Khaled Aloul
7700 Market Boulevard 231 East 105 Street
PO Box 147 Bloomington, MN 55420
Chanhassen, MN 55317
Re: BP Gas Station — 7905 Great Plains Boulevard
Administration Planning Case #2011 -04
Phone: 952.227.1100
Fax: 952.227.1110 Dear Mr. Aloul:
Building Inspections
Phone: 952.2271180 Enclosed is a site plan permit that must be executed by you. Note that if there is a
Fax: 952.227.1190 different property owner and/or mortgage holder on the property, they will need to
sign the consent(s) at the end of the permit. Return the permit to me for City
Engineering execution and recording at Carver County. The security specified in the site plan
Phone: 952.2271160 permit ($16,700.00) shall be submitted prior to the City issuing a building permit. All
Fax: 952.227.1170 erosion control measures and tree protection fencing must be installed and inspected
Finance prior to the City authorizing grading operations. A copy of the executed permit will
Phone: 952.227.1140 be returned for your files.
Fax: 952.227.1110
If you have any questions or need additional information, please contact me at 952 -
Park & Recreation 227 -1121 or by email at benerous@ci.chanhassen.mn.us.
Phone: 952.227.1120
Fax: 952.227.1110 Sincerely,
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404 Robert Generous, AICP
Senior Planner
Planning &
Natural Resources
Phone: 952.227.1130 Enclosures
Fax: 952.227.1110
c: Russ Rosa, Rosa Architectural Group, Inc.
Public Works Bill Beckfeld, Vanguard Construction, Inc.
7901 Park Place
Phone: 952.227.1300 ec: Todd Gerhardt, City Manager
Fax: 952.227.1310 Kate Aanenson, Community Development Director
Senior Center Alyson Fauske, Assistant City Engineer
Phone: 952.227.1125 Jerry Mohn, Building Official
Fax: 952.227.1110
g: \plan\2011 planning cases \11 -04 bp gas station site plan & cup \letter to khaled aloul site plan permit.doc
Web Site
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF CHANHASSEN
SITE PLAN PERMIT #2011 -04
SPECIAL PROVISIONS
AGREEMENT dated May 9, 2011, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City "), and Khaled Aloul (the "Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a Site Plan
for a 3,915 square -foot, one -story convenience store, 1,503 square -foot double car wash, and a 32-
foot by 74 -foot 8 -inch gas canopy, for property zoned Highway and Business Services District (BH)
located at 7905 Great Plains Boulevard (referred to in this Permit as the "project ").
The land is legally described as shown on the attached Exhibit A.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enter into this Permit and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written
terms of this Permit, the written terms shall control. The plans are:
Plan A: Site Plan prepared by Rosa Architects dated received 3/21/2011.
Plan B: Grading, Drainage and Erosion Control Plan prepared by Rosa Architects dated received
3/21/2011.
Plan C: Landscaping Plan prepared by Rosa Architects dated received 3/21/2011.
Plan D: Utility Plans prepared by Rosa Architects dated received 3/21/2011.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 1, 2012. The Developer may, however, request an extension of time from the City. If
an extension is granted, it shall be conditioned upon updating the security posted by the Developer
to reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Permit, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ( "security ") for
$16,700.00 (as -built survey, boulevard restoration, erosion control and landscaping). If the
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Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the
developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure
the installation of said landscaping. The City will release the security posted in accordance with the
City Code.
PROCEDURES FOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
6. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
the following address:
Khaled Aloul
231 East 105 Street
Bloomington, MN 55420
651- 343 -4995
khalaloul @gmail.com
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227 -1100.
7. Other Special Conditions. City Council approves a Site Plan for a 3,915 square -foot,
one -story convenience store, 1,503 square -foot double car wash, and a 32 -foot by 74 -foot 8 -inch
gas canopy subject to the following conditions:
A. Building Official
1) The proposed structures (if area exceeds 2000 square feet) are required to have
automatic fire extinguishing systems (MN Rule 1306).
2) All plans must be prepared and signed by design professionals licensed in the State of
Minnesota. Geotechnical (soil evaluation) report required.
3) The canopy over the pumps must be constructed of non - combustible materials or
materials equivalent to one -hour fire- resistive construction.
4) Detailed building code related requirements have not been reviewed; this will take
place when complete structural /architectural plans are submitted.
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5) The proposed accessible parking space must be relocated to be "on the shortest
accessible route of travel" (MSBC 1341.1106.6) to an accessible building entrance
(suggested alternative would be parking space 10 or 11 with adjacent 8 -foot access
aisle).
6) A separate demolition permit will be required if demolition is intended prior to
building permit issuance.
7) The owner and /or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit procedures.
B. Forester
1) Applicant shall increase bufferyard plantings to meet minimum requirements for the
west property line. A revised landscape plan shall be submitted to the City prior to
building permit issuance.
C. Engineering and Water Resources
1) The main drive aisle to the convenience store must be revised so that it is minimum
26 feet wide. The area under the canopy cannot be included in the drive aisle width.
2) The developer must obtain a MnDOT permit for the sidewalk connection to the
Highway 5 trail on the south side of the site.
3) The developer must ensure that the sidewalk connection does not create a localized
low point on the west side of the sidewalk connection.
4) The grading near the northeast corner of the proposed building must be revised so that
it is minimum 3:1.
5) If a retaining wall is installed near the northeast corner of the building, the owner
must obtain an encroachment agreement since the wall would be located within the
sanitary sewer easement.
6) Any encroachment into a drainage and utility easement must be approved by the
Engineering Department and an encroachment agreement must be obtained.
7) The sanitary sewer line must be televised before and after construction to ensure that
the grading equipment does not damage the sanitary sewer.
8) The new water service must be wet tapped.
9) Contact Kevin Crooks at 952- 227 -1311 a minimum of three working days before the
water service and sewer service connection.
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10) A $7,600 cash escrow must be submitted to ensure that the street is properly patched
after the water service connection is made. This escrow will be released if the street
patch is in good condition after one freeze -thaw cycle has passed.
11) A $500 cash escrow must be submitted to ensure that proper erosion and sediment
control is employed. This escrow will be released once final stabilization is achieved
per MPCA rules.
12) The 6 -inch private watermain north of the building must be minimum of 10 feet from
the existing 10 -inch trunk sanitary sewer.
13) City standard detail plate 5300 shall be used on C3.
14) Indicate on plan set how filtration area is to be protected from sedimentation and
compaction due to heavy equipment traffic.
15) Sheet C1 shows the minimum anticipated sediment and erosion control measures.
These will need to change if they prove inadequate or if site and/or climatic
conditions change. This needs to be indicated on sheet C1 or otherwise
communicated with the selected contractor.
16) All disturbed soils must be stabilized with 14 days after cessation of grading
activities.
17) An operations and maintenance manual shall be completed and provided to the city
for the infiltration feature.
D. General
1) One additional fire hydrant is required to be located northwest of the building
between the car wash service road and the proposed building. Contact Chanhassen
Fire Marshal Mark Littfin at 952- 227 -1151 for the exact location.
2) All sidewalk connections shall comply with ADA requirements.
3) The fenestration on the east elevation shall be increased to meet city code
requirements.
4) The canopy may contain a one - dimensional stripe only; no other signage or exterior
lighting may be on the canopy.
5) The lighting within the canopy shall be recessed; no external lighting on the canopy is
permitted.
6) All signage shall comply with City Code and requires a separate sign permit
application.
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8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and
incorporated herein.
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CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND:
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 2012, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
DEVELOPER:
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2012 by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. 0. Box 147
Chanhassen, MN 55317
(952) 227-1100
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CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this day of , 20
By
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
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MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this day of , 2012.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
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EXHIBIT A
Survey Metes and Bounds Description:
A survey of that part of Northwest quarter of the Northeast quarter, Section 13, Township 116
North, Range 19 West, of the 5 Principal Meridian, City of Chanhassen, Carver County, State
of Minnesota, more particularly described as follows:
Commencing at the Northwest corner of the Northwest quarter of the Northeast quarter; thence
South 00 degrees 25 minutes 29 seconds East 722.7 feet along the Westerly line of said quarter;
thence North 89 degrees 34 minutes 31 seconds East 60.66 feet along a line perpendicular to the
Westerly line of said quarter to a point of the Easterly right -of -way line of State Trunk Highway
101, and the point of beginning; thence continuing North 89 degrees 34 minutes 31 seconds East
335.35 feet along a line perpendicular to the Westerly line of said quarter; thence South 74
degrees 04 minutes 29 seconds East 62.66 feet to a point of the Northerly right -of -way line of
State Trunk Highway No. 5; thence South 59 degrees, 02 minutes 31 seconds 354.52 feet along
the Northerly right -of -way line of State Trunk Highway No. 5 to the Easterly corner of Parcel
209B of the Minnesota Department of Transportation right -of -way Plat No. 10 -4; thence South
89 degrees 50 minutes 18 seconds West 34.38 feet along the Northerly line of Parcel 209B to the
Westerly corner of said Parcel 209B; thence North 59 degrees 25 minutes 32 seconds West 65.53
feet to a point of the Easterly right -of -way line of State Trunk Highway No. 101; thence North
00 degrees 11 minutes 00 seconds East 163.84 feet along the Easterly right -of -way line of State
Trunk Highway No. 101 to the point of beginning, containing 49,414.5 square feet, or 1.134
acres.
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb
the earth, remove trees, construct improvements, or any buildings until all the following
conditions have been satisfied: 1) this agreement has been fully executed by both parties and
filed with the City Clerk, 2) the necessary security and fees have been received by the City, and
3) the City has issued a building permit in reliance on the foregoing conditions having been
satisfied.
2. Maintenance of site. The site shall be maintained in accordance with the approved site plan.
Plants and ground cover required as a condition of site plan approval which die shall be
promptly replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and contractors
a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are issued,
the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City.
The City may impose additional erosion control requirements if they would be beneficial. All
areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after
the completion of the work in that area. Except as otherwise provided in the erosion control
plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible.
All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling erosion. If the Developer does
not comply with the erosion control plan and schedule or supplementary instructions received
from the City, the City may take such action as it deems appropriate to control erosion at the
Developer's expense. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights
or obligations hereunder. No development will be allowed and no building permits will be
issued unless there is full compliance with the erosion control requirements. Erosion control
shall be maintained until vegetative cover has been restored. After the site has been stabilized
to where, in the opinion of the City, there is no longer a need for erosion control, the City will
authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on
and off site, dirt and debris, including blowables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall
be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall
be warranted for twelve (12) months from the time of planting. The Developer or his
contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the
time of final acceptance.
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7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is
first given notice of the work in default, not less than four (4) days in advance. This Contract is
a license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on -site construction trailers and temporary job site
offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds
for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Permit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until
the streets needed for access have been paved with a bituminous surface and the utilities
tested and approved by the city.
G. Waivers /Amendments. The action or inaction of the City shall not constitute a waiver or
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amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
H. Recording. This Permit shall run with the land and may be recorded against the title to the
property.
I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. Construction Hours. The normal construction hours under this contract shall be from 7:00
a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such
activity allowed on Sundays or any recognized legal holidays. Operation of all internal
combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly
identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot.
This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of
these sites shall render them as unacceptable and replacement sites will need to be located
for each violated site in order to obtain a building permit.
L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers too
enter into this Development Contract.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the property or its fitness for construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify, defend, and hold harmless
the City, its governing body members, officers, and employees from any claims or actions
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arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless
hazardous wastes or pollutants were caused to be there by the City.
0. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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