Site Plan Permit Recording Transmittal 07-24-201212 —0 3
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227 -1100 FAX (952) 227 -1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
LETTER OF TRANSMITTAL
DATE JOB NO.
7/24/12 1 2012-03
ATTENTION
Carole Hoeft
RE:
Document Recordin
® Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change Order ❑ Pay Request ❑
COPIES
DATE
NO.
DESCRIPTION
1
2/27/12
12 -03
CORRECTED Site Plan Permit 2012 -03 for Goodwill (80 West 78
Street
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ® For Recording
❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: Ben Merriman, 80 West 78 Street, LLC
SIGNE
ei Kim Meuwis tf 227 -1107
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT # 2012 -03
80 WEST 7e STREET
SPECIAL PROVISIONS
AGREEMENT dated February 27, 2012, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City "), and 80 West 78 Street, LLC (the "Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 20,600 square -foot, one -story, commercial retail building (referred to in this Permit as the
"project "). The land is legally described as Registered Land Survey 59, Tracts A and B.
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 MFRA, Inc., dated 1/04/2012.
Plan B: Grading, Drainage and Erosion Control Plan prepared by MFRA, Inc., dated 1/04/2012.
Plan C: Landscaping Plan prepared by MFRA, Inc., dated 1/05/2012.
Plan D: Utility Plans prepared by MFRA, Inc., dated 1/04/2012.
4. Time of Performance. The Developer shall install all required screening and landscaping
by November 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
$5,000.00 (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
provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation
of said landscaping.
c. Water Resources
1) No final approval of the proposal may be given without the review and approval
of the drainage plans and calculations.
2) The curb cuts must be increased to a minim width of five (5) feet to avoid
concentrated flow and resulting scour.
3) Additional topographic information is required in the area between the two
existing ponds in order to determine the emergency overflow (EOF) elevation of
the'pond to the west.
4) The lowest floor elevation of the building must be minim 18 inches above the
established EOF elevation. A berm may be required on the northwest corner of
the drop -off drive in order to properly divert the EOF water.
5) Correct the elevations on the filtration basin cross section on page C4.01.
6) The filtration basin will be privately owned and maintained. A maintenance
agreement will be required by the City.
d. Engineering
1) Erosion control phasing Gantt chart will need to be completed prior to earth -
disturbing activities.
2) The swale along the western property boundary will need to be stabilized per Part
IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the
last 200 lineal feet with 24 hours of connection to a surface water.)
3) Grading should be phased so that the filtration basin is constructed last and is
protected from construction traffic. The streets shall be swept clean nightly or as
needed.
e. Planning
1) The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot.
The combination must be recorded at Carver County prior to issuance of a
building permit.
2) The applicant shall provide future circulation information to the easterly
properties prior to council approval. When the parcel to the east redevelops, then
the vehicular accesses shall be constructed.
3) The articulation of the building shall be further enhanced through the use of
additional projecting columns in those areas where the face brick is extended
above the windows.
4) The elevations shall be revised to meet City Code requirements for the percentage
allowed for accent material.
5) The fenestration and architectural detailing on the west elevation shall be
increased.
6) The architectural detailing and columns shall be continued along the north elevation.
7) Should an exterior trash enclosure be necessary in the future, it shall be screened
and constructed with similar materials to the building.
8) All signage shall comply with City Code and requires a separate sign permit
application.
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CITY OF CHANHASSEN
SITE PLAN PERMIT
E) HI f "A"
GENERAL CONDITION
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb
the earth, remove trees, construct improvements, or any buildings until all the following conditions
have been satisfied: 1) this agreement has been fully executed by both parties and filed with the
City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has
issued a building permit in reliance on the foregoing conditions having been satisfied.
2. Maintenance of site. The site shall be maintained in accordance with the approved site plan.
Plants and ground cover required as a condition of site plan approval which die shall be promptly
replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and contractors
a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are issued,
the erosion control plan, 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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right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. Construction Hours The normal construction hours under this contract shall be from 7:00
a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such
activity allowed on Sundays or any recognized legal holidays. Operation of all internal
combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems If soil treatment systems are required, the Developer shall clearly
identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot.
This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of
these sites shall render them as unacceptable and replacement sites will need to be located
for each violated site in order to obtain a building permit.
L. Compliance with Laws Ordinances, and Regulations In the development of the site plan
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title Upon request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers too
enter into this Development Contract.
N. Soil Conditions The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the property or its fitness for construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify, defend, and hold harmless
the City, its governing body members, officers, and employees from any claims or actions
arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless
hazardous wastes or pollutants were caused to be there by the City.
O. Soil Correction The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
Ginn rr► v.,n. i �-�
which holds a mortgage on the subject property, the evelopment 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 g of 11aAw
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing inAtr was acknowledged before me this � day of :::50l
20,� , by 5&�
z At
N PUBLIC
v OEtH6 +TAB NICOLE L. Rrow- AKRIDGE
3 Notary Public-Minnesota
DRAFTED BY: ° use. My commisson EWM Jan 31.2ot6
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
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