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Approval Letter 3-11-08 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.11BO Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site WIVW.ci .chanhassen.mn. us March 11, 2008 Mr. Jack Appert Kraus Anderson Inc. LLC 4210 West Old Shakopee Road Bloomington, MN 55437 Re: Jimmy John's Restaurant Planning Case #08-02 Dear Jack: On March 10,2008, the Chanhassen City Council approved a Conditional Use Permit and Site Plan for a 1,650 square-foot, one-story, stand-alone restaurant building, plans prepared by Pope Architects, dated received January 25,2008, subject to the following conditions: 1. The south elevation shall be revised to meet the 50 percent fac;ade transparency requirement. 2. The applicant shall continue to pursue the option of a shared trash enclosure with Country Suites Hotel. 3. The applicant shall install self-latching hardware on the door located on the west elevation of the building. 4. All roof-top equipment shall be screened. 5. The existing trees shall be protected during construction; the applicant will be responsible for replacing any damaged or killed trees. 6. The applicant shall provide erosion and sediment perimeter control. 7. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50-75 feet. This shall be noted on the plans and discussed at the preconstruction meeting. 8. Energy dissipation shall be provided at the inlet to the proposed pond and at the end of the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge location for the outlet of the proposed pond shall be evaluated to ensure that the proposed discharge will not cause erosion issues. Reinforced erosion control matting may be required. The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Jack Appert March 11, 2008 Page 2 9. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10: 1 to 3: 1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 10. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. 11. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length although site constraints may require alternative length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 13. If off-site hauling is required, the developer must work with City staff to determine an appropriate haul route. 14. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 15. The building is required to have an automatic fire extinguishing system (Chanhassen has adopted MN Rules Chapter 1306, Subp. 2). 16. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 17. Sign permits are required for all signs prior to the installation, to ensure compliance with all applicable regulations. 18. The developer shall work with staff to mitigate traffic and parking concerns. Mr. Jack Appert March 11, 2008 Page 3 Enclosed is a site plan agreement that must be executed by Kraus Anderson Inc. LLC. Note that if there is a mortgage holder on the property, they will need to sign the mortgage holder consent at the end of the agreement. Return the agreement to me for City execution and recording at Carver County within 120 days of the approval (by July 8, 2008). The required security specified in the site plan agreement shall be submitted prior to the City issuing a building permit. A copy of the executed agreement will be returned for your files. If you have any questions or need additional information, please contact me at (952) 227-1132 or aauseth@ci.chanhassen.mn.us. Sincerely, ~~ Angie Auseth Planner I Enclosure ec: Alyson Fauske, Assistant City Engineer Jerry Mohn, Building Official G:\PLAN\2008 Planning Cases\08-02 Jimmy John's\approvalletter.doc CITY OF CHANHASSEN CONDITIONAL USE PERMIT AND SITE PLAN PERMIT #08-02 SPECIAL PROVISIONS AGREEMENT dated March 10, 2008, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Kraus Anderson Inc. u..C (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a Conditional Use Permit and Site Plan for a 1,650 square-foot, one-story, stand-alone restaurant building (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1, Market Street Station. 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: PlanA: PlanB: Site Plan prepared by Pope Architects, dated 01/18/08. Grading, Drainage, Erosion Control, Utility, Geometric, and Paving Plan prepared by BKBM Engineers, dated 01/18/08. Landscaping Plan prepared by Lan-De-Con, Inc, dated 01118/08. Elevations prepared by Pope Architects, stamped Received 02/15/08. Plan C: PIanO: 4. Time of Performance. The Developer shall install all required screening and landscaping by October 31, 2008. 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 $5,360.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall 1 provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. 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: Mr. Jack Appert c/o Kraus Anderson Inc. LLC 4210 West Old Shakopee Road Bloomington, MN 55437 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 1,650 square-foot stand-alone restaurant subject to the following conditions: a. The south elevation shall be revised to meet the 50 percent fa<;ade transparency requirement. b. The applicant shall continue to pursue the option of a shared trash enclosure with Country Suites Hotel. c. The applicant shall install self-latching hardware on the door located on the west elevation of the building. d. All roof-top equipment shall be screened. e. The existing trees shall be protected during construction; the applicant will be responsible for replacing any damaged or killed trees. f. The applicant shall provide erosion and sediment perimeter control. g. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50-75 feet. This shall be noted on the plans and discussed at the preconstruction meeting. 2 h. Energy dissipation shall be provided at the inlet to the proposed pond and at the end of the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge location for the outlet of the proposed pond shall be evaluated to ensure that the proposed discharge will not cause erosion issues. Reinforced erosion control matting may be required. I. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. J. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. k. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length although site constraints may require alternative length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 1. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. m. If off-site hauling is required, the developer must work with City staff to determine an appropriate haul route. n. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. o. The building is required to have an automatic fire extinguishing system (Chanhassen has adopted MN Rules Chapter 1306, Subp. 2). p. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. q. Sign permits are required for all signs prior to the installation, to ensure compliance with all applicable regulations. 18. The developer shall work with staff to mitigate traffic and parking concerns. 3 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND: Todd Gerhardt, City Manager DEVELOPER: BY: Its 4 STATE OF MINNESOTA) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of , 200_, 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 STATE OF MINNESOTA) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_ by , the developer. NOTARY PUBLIC DRAFTED BY: City ofChanhassen 7700 Market Boulevard P. O. Box 147 Chanhasscn. MN 55317 (952) 227-1100 5 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. 7. Responsibility for Costs. 6 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 payor 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 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 7 time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 8 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 ful1 force and effect even if it forecloses on its mortgage. Dated this _ day of ,20_. 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 9