Site Plan Permit Recorded
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knctsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. Schaeffer, HI
Alina Schwartz
Samuel J. Edmunds
Marguerite M. McCarron
1380 Corporate Center Curve
Suite 317 . Eagan, MN 55121
651-452-5000
Fax 6S 1-452-5550
,,,,w.ck-law.com
0'6-01
CAMPBELL KNUTSON
Association
***
Direct Dial: (651) 234-6222
E-mail Address:snelson@Ck-law.com
August 13, 2009
CITY OF CHANHASSEN
RECEIVED
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
AUG 1 4 2009
CHANHASSEN PLANNING DEPT
RE: CHANHASSEN - KWIK TRIP SITE
~ Site Plan Agreement 08-01 - Convenience Store Investments
(Lot 1, Block 1, Crossroads of Chanhassen)
Dear Kim:
Enclosed for the City's files please find original recorded Site Plan Agreement 08-01
for a 5,300 square foot convenience store with gas pumps and a 2,805 square foot car
wash for the K wik Trip site on Lot 1, Block 1, Crossroads of Chanhassen. The site
plan agreement was recorded with the County on April 21, 2009 as Abstract
Document No. A499029.
Regards,
CAMPBELL KNUTSON
Professional Association
SRN :ms
Enclosure
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f;ARVER f;OlJNTY
REf;ORDER/REGI~ Document No.
DOf;UMENT c:: A 499029
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee: $46.00 Receipt#:
Certified Recorded on 4/21/2009
499029
~IIIIIIIII ~I
DO~lJMENT J:q E!t
TITLE: . . (l/f1
DOf;UMENT
DATE: .
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NAMES:
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CITY OF CHANHASSEN
SITE PLAN AGREEMENT 08-01
SPECIAL PROVISIONS
THIS AGREEMENT (this "Site Plan Agreement") dated March 10, 2008, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and
CONVENIENCE STORE INVESTMENTS, a Wisconsin limited partnership (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked.the City to approve a site
plan consisting of a 5,300 square-foot convenience store with gas pumps and a 2,805 square-foot
car wash (Buildings 4A), Planning Case 08-01, for Kwik Trip (referred to in this Site Plan
Agreement as the "Project"). The land is legally described as Lot 1, Block 1, Crossroads of
Chanhassen.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Site Plan Agreement and furnishes the security required
by it.
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans. The plans shall not be attached to this Contract. If the plans vary from the
written terms of this Permit, the written terms shall control. The plans are:
Plan A: Title Sheet dated received January 18,2008, prepared by Westwood Professional Services, Inc.
Plan B: Existing Condition dated received January 18,2008, prepared by Westwood Professional
Services, Inc.
Plan C: Preliminary Plat dated received January 18,2008, prepared by Westwood Professional Services,
Inc.
Plan D: Overall Site Plan dated received January 18,2008, prepared by Westwood Professional Services,
Inc.
Plan E: Preliminary Site Plan dated received January 18, 2008, prepared by Westwood Professional
Services, Inc.
Plan F: Preliminary Grading Plan dated received January 18,2008, prepared by Westwood Professional
Services, Inc.
Plan G: Preliminary Utility Plan dated received January 18,2008, prepared by Westwood Professional
Services, Inc.
Plan H: Preliminary Landscape Plan dated received January 18,2008, prepared by Westwood
Professional Services, Inc.
Plan I: Preliminary Landscape Details dated received January 18,2008, prepared by Westwood
Professional Services, Inc.
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Plan J: Preliminary Lighting Plan dated received January 18,2008, prepared by Westwood Professional
Services, Inc.
Plan K: Profile - Street A dated received January 18,2008, prepared by Westwood Professional
Services, Inc.
Plan L: Sanitary Sewer and Water Main Construction Plans dated received January 18,2008, prepared
by Westwood Professional Services, Inc.
Plan M: Site Line Section dated received February 29,2008, prepared by Westwood Professional
Services, Inc.
Plan N.3: (A-3) Gas Canopy, Car Wash Building, and Store Building Rendering dated received April 22,
2008, prepared by Westwood Professional Services, Inc.
PlanN.8: Site Signage dated received January 18,2008, prepared by Architectural Consortium L.L.c.
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31,2010. The Developer may, however, request an extension oftime 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 Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") for $ 247,500. This amount has been calculated at a rate of 110% ofthe actual value of
improvement ($144,000 grading, $4,000 erosion control, $2,000 as-built plan, $75,000 landscaping).
The City will release the security posted in accordance with the City Code.
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 registered
mail at the following address:
Leah Nicklaus Berlin
Kwik Trip, Inc. - Store Engineering
1626 Oak Street
P.O. Box 2107
Lacrosse, WI 54601-2107
608.793.6461 - Direct
608.781.8960 - Fax
LBerlin@kwiktrip.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 registered 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.
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7. Other Special Conditions. On March 10, 2008, the City Council adopted the
following motion:
I. SITE PLAN REVIEW
"The City Council approves the seven site plans consisting of a 5,300 square-foot convenience
store with gas pumps and a 2,805 square-foot car wash (Buildings 4A), a multi-tenant building with
an area of 11,000 square feet (Building 4B), a two-story multi-tenant building with a first floor
area of 13,800 square feet and second floor area of 15,000 square feet (Building 4C), a one-story
retail building with an area of 8,000 square feet (Building 4D), a 5,000 square-foot bank with
drive-thru window (Building 4E), a 3,400 square-foot retail building (Building 4F), and a 10,000
square- foot Deli and Liquor Store (Building 40), Planning Case 08-01 for Crossroads of
Chanhassen as shown in plans dated received January 18, 2008, and including the attached
Findings of Fact and Recommendation, subject to the following conditions:
Conditions common to all site plans:
1. All landscape islands must have a minimum interior width of 10 feet.
2. Staff recommends that Cornell structural soil be used in all parking lot islands.
3. The applicant shall increase canopy trees within the east and south bufferyards to meet
minimum requirements.
4. The applicant must submit a landscape plan with a complete Plant Schedule and all species
and quantities noted on the plan.
5. The applicant shall remove Norway maple and Colorado spruce from the Plant Schedule. All
species of ash will only be allowed in minimal quantities.
6. A wetland buffer 16.5 feet in width and a 30-foot setback from the wetland buffer must be
maintained around Wetland 1. Secondary structures are allowed to encroach up to 50% of
the setback. It appears that the retaining wall has exceeded the allowed encroachment and
should be moved. Wetland buffer areas shall be preserved, surveyed and staked in accordance
with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under
the direction of City staff, before construction begins and must pay the City $20 per sign.
7. A vegetation management plan needs to be developed for the buffer. Currently the buffer is
dominated by reed canary grass and agricultural weeds. The buffer for a Manage 3 wetland
must have, at a minimum, 50% dominance of native plant species.
8. A NPDES Phase II Construction Site Storm Water Permit will be required from the
Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution
Prevention Plan (SWPPP) has been developed and submitted to the appropriate agencies for
review. The Carver Soil and Water Conservation District is to be invited to the
preconstruction meeting for the project.
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9. It shall be noted on the SWPPP that all areas that will not be permanently stabilized within
the timeframe required by the NPDES permit shall be temporary mulched and seeded. A
note shall be included in the dewatering section ofthe SWPPP that states: "If construction of
the proposed temporary/permanent sediment pond is not completed prior to dewatering, the
City's on-site construction observer must approve proposed dewatering methods prior to
beginning dewatering."
1 O. All silt fence that is not laid parallel to the contours, or that have a continuous run greater
than 300 feet, shall have J Hooks installed every 50 -75 feet. This shall be noted on the plans
and discussed at the preconstruction meeting.
11. 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.
12. A stable emergency overflow (BOF) for the stormwater pond shall be provided. The EOF
could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion
control blanket). A typical detail shall be included in the plan. The overland route from the
EOF shall be shown on the plan set.
13. 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.
14. The plans shall be revised to show a 75-foot rock construction entrance 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.
15. In the event that dewatering is needed, the field inspector shall be contacted prior to any
dewatering activities.
16. All diversions necessary to direct stormwater flow to the temporary basin shall be clearly
indicated on the plan.
17. A concrete washout area needs to be shown on the plan.
18. A detail for the temporary pond outlet needs to be included in the plan.
19. 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.
20. Make a notation in the SWPPP that the contractor with overall day-to-day responsibilities of
the project/General Contractor must be the contractor for the NPDES permit. The applicant
needs to have an individual qualified to complete stormwater inspection reports weekly, and
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after each one-half inch rainfall event. A box will need to be placed on site for these specific
documents.
21. Cross-access and cross-parking agreements shall submitted to the City for approval and
recording.
22. Fire Marshal Conditions:
a. An additional fire hydrant (one) will be required near the car wash. Contact Chanhassen
Fire Marshal for exact location.
b. The 4-inch water line shown for the gas station and car wash is required to be a minimum
of 6 inches per NFP A 13 Sec.I5 .1.3.1.
c. Contact Chanhassen Fire Marshal for locations of NO PARKING FIRE LANE signs, and
curbing to be painted yellow. Per MSFC Sec. 503.3.
d. A 3-foot clear space shall be maintained around the circumference of fire hydrants except
as otherwise required or approved. Per MSFC Sec. 508.5.5.
e. Posts, fences, vehicles, growth, trash, storage and other materials shall not be placed or
kept near fire hydrants, fire department inlet connections or fire protection system control
valves in a manner that would prevent such equipment or fire hydrants from being
immediately discernible. The fire department shall not be deterred or hindered from
gaining immediate access to fire protection equipment or fire hydrants Per MSFC Sec.
508.5.4.
f. When fire apparatus access roads or a water supply for fire protection is required to be
installed, such protection shall be installed and made serviceable prior to and during the
time of construction, except when approved alternate methods of protection are
provided. Temporary street signs shall be installed at each intersection when
construction of new roadways allows passage by vehicles in accordance with section
505.2 of the MN. State Fire Code. Per Sec. 501.4.
23. Building Official Conditions:
a. The buildings are required to have automatic fire extinguishing systems.
b. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
c. Retaining walls over four feet high must be designed by a professional engineer and a
permit must be obtained prior to construction.
d. Structure proximity to property lines (and other buildings) will have an impact on the
code requirements for the proposed buildings, including but not limited to: allowable
size, protected openings and fire-resistive construction. These requirements will be
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addressed when complete building and site plans are submitted.
e. Detailed occupancy related requirements will be addressed when complete building plans
are submitted.
f. The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss property line issues as well as plan review and permit procedures.
24. All rooftop and ground equipment must be screened from views.
25. Approval of the site plan applications is contingent upon approval of the final plat, variance
and the PUD amendment - Planning Case 2008-01.
. Conditions specific to individual sites:
1. Building 4A with an area of 5,300 square feet convenience store, gas pumps and a 2,805
square-foot car wash located on Lot 1, Block 1.
a. The monument sign may not exceed 48 square feet in area nor be higher than 8 feet. The
sign shall be located 10 feet from the property line.
b. No more than two signs are permitted on the convenience store and one sign on the
carwash buildings. Signs on the convenience store shall be limited to the north and east
elevation. Sign on the carwash shall be limited to the east elevation.
c. Outdoor storage of merchandise may be permitted on the sidewalk around the
convenience store with the condition that the outdoor display of merchandise shall not
impede nor interfere with pedestrian traffic.
d. No signage is permitted on the canopy nor can it be illuminated. Lights below the
canopy must be recessed.
e. A one-way is required for the lane between the gas station and the car wash. Add sign
and arrows showing one-way traffic.
f. Show turning movement for appropriate size delivery trucks.
g. Adjust cleanout on the west side of the gas station so that it is less than 100 feet between
the cleanout and the catch basin.
h. Show drainage arrows and percent of slope to ensure 1 % minimum slope across the
asphalt surface and .5% minimum slope along the curb lines.
1. The watermain must be relocated because it is too close to the building. Also, the
sanitary sewer and storm sewer must maintain a 10- foot separation.
J. Shift underground gas tanks 5 feet south of their current location.
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k. Staff will work with the applicant to improve the architecture of the car wash and gas
station/convenience store to make them more compatible with the buildings in the overall
development. The item will be brought back at the time of final plat approval for
approval by the City Council."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "B" and incorporated herein.
SP-7
AND:
BY:
(SEAL)
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER ) \
The foregoing instrument was acknowledged before me this 10 day of~fi ,2009,
by Tom 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.
KIM T. MEUWISSEN j
Notary Public-Minnesota
My Commission Expires Jan 31, 2010
CONVENIENCE STORE INVESTMENTS
A Wisconsin limited partnership
BY:
Micha J. Ancius, President of
Conv ience Store Investments, Inc.,
General Partner
\..u \'St..o ",,3 ,0
STATE OF MINNE80FA )
( ss
COUNTY OF LA t~ )
The foregoing instrument was acknowledged before me this aN') day of .t\,o1l \ I...-
2009, by Michael J. Ancius, President of Convenience Store Investments, Inc., General Partner of
Convenience store Investments, a Wisconsin limited partnership, on behalf of
the partnership. n ...
~0tJJi)~UBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
SP-8
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
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) Site Plan 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, 3) the
Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices
of the County where the project is located, and 4) the City Planner has issued a letter that the
foregoing conditions have been satisfied and then the Developer may proceed.
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, 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 blowing materials, 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 I, 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 City shall retain $14,400.00 of the
posted security for landscaping for twelve (12) months following planting to secure the warranties.
GC-2
Provided the landscaping is in the condition required herein following such twelve (12) month
period, the City shall release the remaining security to Developer within ten (10) business days of
request therefore.
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 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 plat 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 Site Plan Agreement
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 Site Plan Agreement.
GC-3
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 Site Plan Agreement. 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 Site Plan Agreement shall
not be a waiver or release.
H. Recording. This Site Plan Agreement shall run with the land and may be recorded
against the title to the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative
and in addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every 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 Site Plan Agreement
shall be from 7:00 a.m. to 7:00 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
property pursuant to this Site Plan Agreement, the Developer shall comply with all laws, ordinances,
and regulations of the following authorities to the extent any of the same have jurisdiction over the
property's development:
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.
GC-4
. .
. .
;
, .
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 Site Plan Agreement.
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.
g:\plan\2008 planning cases\08-01 crossroads of chanhassen\site plan agreements\kwik trip.doc
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