Approval Letter 04-16-20130
April 16, 2013
CITY OF
CHANHASSEN
Mr. Jack Appert
7700 Market Boulevard
Kraus- Anderson, Inc.
PO Box 147
Chanhassen, MN 55317
4210 West Old Shakopee Road
Bloomington, MN 55437
Administration Re: Chanhassen Gateway PUD Amendment; Site Plan Approval for construction
Phone: 952.227.1100
Fax: 952.227.1110 of a one -story multi -tenant building; and Adoption of Summary Ordinance for
publication purposes — Planning Case 2013 -06
Building Inspections
Phone: 952.227.1180 Dear Mr. Appert:
Fax: 952.227.1190
This letter is to formally notify you that on March 25, 2013, the Chanhassen City
Engineering
Phone: 952.227.1160 Council adopted the following four motions:
Fax: 952.227.1170
1. PLANNED UNIT DEVELOPMENT AMENDMENT
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
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
"The City Council approves the Planned Unit Development amendment in the
attached ordinance for Chanhassen Gateway allowing fast food restaurants with a
drive -thru window (amendments are shown in bold and strike - thru), and including
the attached Findings of Fact and Recommendation:
CHANHASSEN GATEWAY
PUD DEVELOPMENT DESIGN STANDARDS
a. Intent
The purpose of this zone is to create a MIXED USE PUD including a
Neighborhood Commercial, Office and Residential. The use of the PUD zone
is to allow for more flexible design standards while creating a higher quality
and more sensitive development. Each structure proposed for development
shall proceed through site plan review based on the development standards
outlined below. The Neighborhood Business District regulations shall apply
to Lots 1 -3, Block 1 and Outlot A, Crossroads of Chanhassen, except as
modified by this ordinance. The R -16 District regulations shall apply to
Outlot C, except as modified by this ordinance. Exhibit A, as revised herein
to reflect the changes to the commercial portion, reflects the site layout and
buildings as referenced herein.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mr. Jack Appert
April 16, 2013
Page 2
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b. Permitted Uses
• The permitted uses in this zone should be limited to appropriate commercial and
service uses consistent with meeting the daily needs of the neighborhood. The uses
shall be limited to those as defined herein. If there is a question as to whether or not a
use meets the definition, the Community Development Director shall make that
interpretation. The type of uses to be provided on these lots shall be low- intensity
neighborhood- oriented retail and service establishments to meet daily needs of
residents. Commercial and office uses shall be limited to the area located south of
Highway 212. Residential uses shall be located north of Highway 212 and along the
western portion of the southern half.
• Small to medium -sized restaurant not -to- exceed 8,000 square feet per building. Fast
food restaurants with a drive -thru are limited along the north end of Building
4B. It must be part of and attached to the multi -use building. (n
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sale e f ee ee . The drive -thru lane shall be screened and the exterior wall of the
drive -thru shall contain the same level of architectural detail as any other elevation
visible by the public.
• Banks with a drive -in service window
• Office
• Day care
Mr. Jack Appert
April 16, 2013
Page 3
• Neighborhood scale commercial up to 8,000 square feet per tenant with the exception
of building 4C. A tenant may occupy up to 10,000 square feet of said building and
building 4G for a daycare to occupy 12,000 square feet. No individual service
component of a retail building shall occupy more than 8,000 square feet of a building.
• Convenience store with or without gas pumps and car wash.
• Specialty retail (Book Store, Jewelry, Sporting Goods Sale/Rental, Retail Sales,
Retail Shops, Apparel Sales, etc.)
• Personal Services (an establishment or place of business primarily engaged in
providing individual services generally related to personal needs, such as a Tailor
Shop, Shoe Repair, Self- Service Laundry, Laundry Pick -up Station, Dry Cleaning,
Dance Studios, etc).
• Residential High Density (8 -16 units per net acre). The total number of units for the
entire site may not exceed 150 units.
C. Building Area
• Commercial /Office — Not to exceed 75,000 square feet for the entire development
• Maximum Commercial/Office lot usage is a Floor Area Ratio of 0.3
• Maximum office /commercial building area per tenant may not exceed 8,000 square
feet
• Maximum residential units may not exceed 150 units.
d. Prohibited Ancillary Uses
• Drive -thru Windows except banks, coffee shops, fast food restaurants or
pharmacies.
• Outdoor storage and display of merchandise such as propane, salt, window washer
fluid, etc. except on the sidewalk surrounding the convenience store 4A. The outdoor
display of merchandise shall not impede nor interfere with pedestrian traffic.
e. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The
following table displays those setbacks.
Boundary
Building/Parking
Setbacks feet
Lyman Boulevard
20/20
Highway 101 North of Highway 34212
50150
Highway 101 South of Highway 34212
20/20
Highway 34212
50150
Northerly Project Property Line
50/20
Westerly Project Property Line
50/20
Internal Project property lines
0/0
Internal Right-of-Way Crossroads Boulevard
20/20
Mr. Jack Appert
April 16, 2013
Page 4
Boundary
Building/Parking
Setbacks feet
Hard Surface Coverage-Residential
50%
Commercial and Office Hard Surface Coverage
70%
Maximum Commercial Retail Building/Structure Height
1 story
Maximum Office Building/Structure Height
2 stories
Maximum Residential Building/Structure Height
35 or 3 stories,
whichever is less
E Non - Residential Building Materials and Design
There shall not be underdeveloped backsides of buildings. All elevations shall receive
nearly equal treatment and visual qualities. Buildings and site design shall comply with
design standards outlined in Article XXIII. General Supplemental Regulations, Division
7 of the Zoning Ordinance.
g. Residential Standards
Buildings and site design shall comply with design standards outlined in Article XXIII.
General Supplemental Regulations, Division 9 of the Zoning Ordinance.
1. All units shall have access onto an interior private street.
2. A design palette shall be approved for the entire project. The palette shall include
colors for siding, shakes, shutters, shingles, brick, stone, etc.
3. All foundation walls shall be screened by landscaping or retaining walls.
h. Site Landscaping and Screening
The intent of this section is to improve the appearance of vehicular use areas and property
abutting public rights -of -way; to require buffering between different land uses; and to
protect, preserve and promote the aesthetic appeal, character and value of the surrounding
neighborhoods; to promote public health and safety through the reduction of noise
pollution, air pollution, visual pollution and glare.
1. The landscaping standards shall provide for screening for visual impacts associated
with a given use, including but not limited to, truck loading areas, trash storage,
parking lots, Large unadorned building massing, etc.
2. Each lot for development shall submit a separate landscaping plan as a part of the site
plan review process.
3. All open spaces and non - parking lot surfaces, except for plaza areas, shall be
landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells
shall be included in pedestrian areas and plazas.
Mr. Jack Appert
April 16, 2013
Page 5
4. Undulating berms, north of Lyman Boulevard, north and south of Highway 312 and
west of Highway 101 shall be sodded or seeded at the conclusion of grading and utility
construction. The required buffer landscaping may be installed where it is deemed
necessary to screen any proposed development. All required boulevard landscaping
shall be sodded.
5. Loading areas shall be screened from public right -of -ways. Wing walls may be required
where deemed appropriate.
6. Native species shall be incorporated into site landscaping, whenever possible.
i. Street Furnishings
Benches, kiosks, trash receptacles, planters and other street furnishings should be of
design and materials consistent with the character of the area. Wherever possible, street
furnishings should be consolidated to avoid visual clutter and facilitate pedestrian
movement.
j. Signage
The intent of this section is to establish an effective means of communication in the
development, maintain and enhance the aesthetic environment and the business's ability
to attract sources of economic development and growth, to improve pedestrian and traffic
safety, to minimize the possible adverse effect of signs on nearby public and private
property, and to enable the fair and consistent enforcement of these sign regulations. It is
the intent of this section, to promote the health, safety, general welfare, aesthetics, and
image of the community by regulating signs that are intended to communicate to the
public, and to use signs which meet the city's goals:
a. Establish standards which permit businesses a reasonable and equitable opportunity to
advertise their name and service;
b. Preserve and promote civic beauty, and prohibit signs which detract from this
objective because of size, shape, height, location, condition, cluttering or
illumination;
c. Ensure that signs do not create safety hazards;
d. Ensure that signs are designed, constructed, installed and maintained in a manner that
does not adversely impact public safety or unduly distract motorists;
e. Preserve and protect property values;
f. Ensure signs that are in proportion to the scale of, and are architecturally compatible
with, the principal structures;
Mr. Jack Appert
April 16, 2013
Page 6
g. Limit temporary commercial signs and advertising displays which provide an
opportunity for grand opening and occasional sales events while restricting signs
which create continuous visual clutter and hazards at public right -of -way
intersections.
j.1. Project Identification Sign
One project identification sign for the commercial portion of the development located at
the entrance off of Highway 101. Project identification signs shall not exceed 80 square
feet in sign display area nor be greater than eight feet in height. The sign shall be setback
a minimum of 10 feet from the property line.
As an alternative, the project identification sign may be located at the southeast corner of
Lot 2, Block 1. If the sign is located in the right -of -way, an encroachment agreement
must be obtained. Otherwise, the sign must maintain a 10 foot setback from property
lines and may not exceed 24 square feet nor be higher than 5 feet.
j.2. Monument Sign
One monument sign shall be permitted at the entrance to the development off of Lake
Susan Drive. One monument sign per lot shall be permitted for the commercial portion
of the site. One multi -tenant sign shall be permitted at the entrance into the development
off of Highway 101 and two signs off of Lyman Boulevard. These signs shall not exceed
24 square feet in sign display area nor be greater than 5 feet in height except Kwik Trip,
located on Lot 1, Block 1, shall be permitted a 48 square -foot, 8 -foot high monument
sign. These signs must comply with all ordinances pertaining to size and percent of sign
area dedicated to gas prices as well as any other applicable regulations. These signs shall
be set back a minimum of 10 feet from the property line.
j.3. Wall Signs
a. The location of letters and logos shall be restricted to the approved building sign
bands, the tops of which shall not extend above parapet height. The letters and logos
shall be restricted to a maximum of 30 inches in height. All individual letters and logos
comprising each sign shall be constructed of wood, metal, or translucent facing.
b. Second story illuminated signs that can be viewed from neighborhoods outside the
PUD site, are prohibited.
c. Tenant signage shall consist of store identification only. Copy is restricted to the
tenant's proper name and major product or service offered. Corporate logos,
emblems and similar identifying devices are permitted provided they are confined
within the signage band and do not occupy more than 15% of the sign area unless the
logo is the sign.
d. Wall signs are limited to two elevations per building.
Mr. Jack Appert
April 16, 2013
Page 7
j.4. Festive Flags/Banners
a. Flags and banners shall be permitted on approved standards attached to the building
facade and on standards attached to pedestrian area lighting.
b. Flags and banners shall be constructed of fabric or vinyl.
c. Banners shall not contain advertising for individual users, businesses, services, or
products.
d. Flags and banners shall project from buildings a maximum of two feet.
e. Flags and banners shall have a maximum area of 10 square feet.
f. Flags and banners which are torn or excessively worn shall be removed at the request
of the city.
j.5. Building Directory
a. In multi -tenant buildings, one building directory sign may be permitted. The
directory sign shall not exceed eight square feet.
j.6 Directional Signs
a. On- premises signs shall not be larger than four (4) square feet. The maximum height
of the sign shall not exceed five (5) feet from the ground. The placement of
directional signs on the property shall be so located such that the sign does not
adversely affect adjacent properties (including site lines or confusion of adjoining
ingress or egress) or the general appearance of the site from public rights -of -way. No
more than four (4) signs shall be allowed per lot. The city council may allow
additional signs in situations where access is confusing or traffic safety could be
jeopardized.
b. Off - premises signs shall be allowed only in situations where access is confusing and
traffic safety could be jeopardized or traffic could be inappropriately routed through
residential streets. The size of the sign shall be no larger than what is needed to
effectively view the sign from the roadway and shall be approved by the city council.
c. Bench signs are prohibited except at transit stops as authorized by the local transit
authority.
d. Signs and Graphics. Wherever possible, traffic control, directional and other public
signs should be consolidated and grouped with other street fixtures and furnishings to
reduce visual clutter and to facilitate vehicular and pedestrian movement. A system of
directional signs should also be established to direct traffic within the commercial
area and away from residential areas.
Mr. Jack Appert
April 16, 2013
Page 8
j.7. Prohibited Signs
• Pylon signs are prohibited.
• Back lit awnings are prohibited.
• Window Signs are prohibited except for company logo /symbol and not the name.
Such logo shall not exceed 10% of a window area.
• Menu Signs are prohibited.
j.8. Sign Design and Permit Requirements
a. The sign treatment is an element of the architecture and thus should reflect the quality
of the development. The signs should be consistent in color, size, and material and
height throughout the development. A common theme will be introduced at the
development's entrance monument and will be used throughout.
b. All signs require a separate sign permit.
c. Wall business signs shall comply with the city's sign ordinance for the Neighborhood
business district for determination of maximum sign area. Wall signs may be
permitted on the "street" front and primary parking lot front of each building.
k. Lighting
Lighting for the interior of the development shall be consistent throughout the
development. High pressure sodium vapor lamps or LED with decorative natural colored
pole shall be used throughout the development parking lot area for lighting. Decorative,
pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in
parking lot areas. Parking lot light poles may not exceed 25 feet in height.
2. Light fixtures in areas other than parking lots should be kept to a pedestrian scale (12
to 18 feet). Street light fixtures should accommodate vertical banners for use in
identifying the commercial area.
All light fixtures shall be shielded. Light level for site lighting shall be no more than
'/2 foot candle at the project perimeter property line. This does not apply to street
lighting.
4. Lighting for parking areas shall minimize the use of lights on pole standards in the
parking area. Rather, emphasis should be placed on building lights and poles located in
close proximity to buildings.
1. Non - Residential Parking
1. Parking shall be provided based on the shared use of parking areas whenever
possible. Cross access easements and the joint use of parking facilities shall be
protected by a recorded instrument acceptable to the city.
Mr. Jack Appert
April 16, 2013
Page 9
2. The development shall be treated as an integrated shopping center and provide a
minimum of one space per 200 square feet of commercial /retail area. The
office /personal service component shall be treated as an integrated office building and
provide 4.5 space per 1,000 square feet for the first 49,999 square feet, four per
thousand square feet for the second 50,000 square feet, and 3.5 per thousand square
feet thereafter.
M. Residential Parking shall comply with city code requirements."
2. SITE PLAN APPROVAL
"The City Council approves the site plan consisting of a 13,871 square -foot multi -tenant building
with a drive -thru to allow a fast food restaurant (Building 4B), Planning Case 2013 -06 as shown
in plans dated received January 23, 2013, and including the attached Findings of Fact and
Recommendation, subject to the following conditions:
Environmental Resource Conditions
1. All existing boulevard trees along the west property line must be protected during
construction or replaced after construction if damaged or dead.
2. The selections of Norway maple and Colorado spruce must be removed from the plant
schedule. Hackberry may be selected to replace the Norway maple, other selections as
suggested by the applicant and approved by city staff.
3. Staff recommends that recycling containers be place alongside trash containers in public
spaces.
4. Staff recommends that evergreens be located near the drive -thru area to block headlight glare
into the neighboring use and Highway 101 traffic.
5. The required number of overstory trees in the south and east bufferyards is 8. The applicant
shall convert understory selections to overstory species in all locations where they are not in
conflict with signage.
Fire Marshal Conditions
6. A three -foot clear space shall be maintained around fire hydrants. MSFC sec. 508.5.4.
7. Watermains shall be made serviceable prior to combustible construction. SFC Sec. 503.1.1.
8. Fences, posts, landscaping, storage and other materials shall not be placed near fire hydrants,
Fire Department sprinkler connections that would prevent such equipment from being
immediately discernable. MSFC. Sec 508.5.4.
Mr. Jack Appert
April 16, 2013
Page 10
9. "No Parking Fire Lane" signage and yellow painted curbing will be required. Have
developer contact Chanhassen Fire Marshal for exact locations and sign requirements.
MSFC Sec. 503.3.
10. An addition fire hydrant fire will be required. Contact Fire Marshal for location.
Engineering Conditions
11. Upon completion, the applicant shall submit a set of "as- built" plans signed by a professional
engineer.
12. All of the maintenance for landscaping, and irrigation within the right -of -way must be
maintained by the developer.
13. The applicant shall work with staff on minor plan modifications.
14. The phase line must be shown on all plans.
15. The applicant must work with the City to provide assurances that the edge of pavement and
drainage patterns can be adequately maintained given the proposed phase line.
16. A stop sign must be installed at the end of the drive -thru.
17. Site detail "21" in front of the retail building must be included in the site notes.
18. The traffic study must be updated to include an analysis of traffic volumes to the year 2023.
19. The developer shall comply with any additional conditions of approval resulting from the
2023 traffic volumes.
20. The applicant must obtain a MnDOT drainage permit.
21. Spot elevations must be shown on the grading plan to confirm that the site meets the
following minimum grade requirements: 0.5% along curb lines, 1% on pavement, and 2% on
turf.
22. Emergency overflow locations and elevations must be shown on the plans.
23. The finished floor elevation of each building must be minimum one foot above the
emergency overflow.
24. The proposed sanitary sewer, watermain and storm sewer shall be privately owned and
maintained.
25. All utilities must be installed and tested in accordance with City standards.
26. The rim and invert elevations of manholes must be shown on the utility plan.
Mr. Jack Appert
April 16, 2013
Page 11
27. Provide a detail of each utility crossing to ensure that there are no conflicts.
28. The storm sewer design must be modified to provide sufficient inlet capacity for drainage
area 20.
29. Add the storm sewer schedule to the utility plan.
30. The power to the Crossroads Boulevard irrigation system must be removed from the City
supply and connected to the development's system.
31. Identify the utility line between the entry monument at Lyman Boulevard and the southern
retail building. This utility shall be relocated within the right of way and/or drainage and
utility easements.
32. The plan set must include a detail sheet.
33. City of Chanhassen Detail Plate 5215, Pedestrian Ramps, must be included on the detail
sheet.
Planning Conditions
34. Encroachment agreements are needed for any structure located in the drainage and utility
easements.
35. All rooftop and ground equipment must be screened from views. ,
36. Approval of the site plan applications is contingent upon approval of the PUD amendment —
Planning Case 2013 -06.
37. Sign illumination and design shall comply with ordinance.
38. The exterior material for the trash enclosure must be of the same exterior material as the
building. Recycling space and other solid waste collection space should be contained within
the same enclosure."
3. SUMMARY ORDINANCE
"The City Council approves the Summary Ordinance for publication purposes ".
Mr. Jack Appert
April 16, 2013
Page 12
Attached is the Site Plan Agreement for your execution.
If you have any questions, please call me at (952) 227 -1134 or e -mail me at
saljaff c@ci.chanhassen.mn.us
Sincerely,
Sharmeen Al -Jaff
Senior Planner
c: Alyson Fauske, Assistant City Engineer
Jerry Mohn, Building Official
gAplan\2013 planning cases\2013 -06 crossroads pud amendment & spr \approval letter.doc
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2013 -06
SPECIAL PROVISIONS
THIS AGREEMENT ( "Site Plan Agreement ") dated March 25, 2013, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and KRAUS-
ANDERSON, INC., A Minnesota Corporation (the "Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan consisting of a 13,871 square -foot multi -tenant building with a drive -thru to allow a fast
food restaurant (Building 413), Planning Case 2013 -06 (referred to in this Site Plan Agreement as
the "Project "). The land is legally described as follows:
Lot 2, 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: (Cl of 10) Title Sheet dated Received January 23, 2013, prepared by Westwood Professional
Services Inc.
Plan B: (C2 of 10) Existing Conditions dated Received January 23, 2013, prepared by Westwood
Professional Services Inc.
Plan C: (C3 of 10) Overall Site Plan dated Received January 23, 2013, prepared by Westwood
Professional Services Inc.
Plan D: (C4 of 10) Preliminary Site Plan dated Received January 23, 2013, prepared by Westwood
Professional Services Inc.
Plan E: (C5 of 10) 2013 Phasing Plan Building and Parking Lot Construction dated Received January
23, 2013, prepared by Westwood Professional Services Inc.
Plan F: (C6 of 10) Preliminary Grading Plan dated Received January 23, 2013, prepared by Westwood
Professional Services Inc.
Plan G: (C7 of 10) Preliminary grading plan dated Received January 23, 2013, prepared by Westwood
Professional Services Inc.
Plan H: (C8 of 10) Preliminary Landscape Plan dated Received January 23, 2013, prepared by
Westwood Professional Services Inc.
SP -1
Plan I: (C9 of 10) Preliminary Landscape Details dated Received January 23, 2013, prepared by
Westwood Professional Services Inc.
Plan J: (C 10 of 10) Preliminary Lighting Plan dated Received January 23, 2013, prepared by
Westwood Professional Services Inc.
Plan K.1: (Al) Retail Exterior Elevation Plan dated Received January 23, 2013, prepared by
Architectural Consortium L.L.0
Plan K.2J: (Al) Colored Retail Exterior Elevation Plan dated Received January 23, 2013, prepared by
Architectural Consortium L.L.0
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31, 2014. 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 Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
( "security ") in the amount of $230,699.70. This amount has been calculated at a rate of 110% of
the actual value of improvement (grading and erosion control $70,213.00, landscaping $54,464,
storm water, sanitary, utilities, etc. $134,050.00). 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:
Kraus- Anderson Realty Company
Attn: Mr. Jack Appert
4210 W. Old Shakopee Road
Bloomington MN 55437 -2951
Phone: (952) 948 -9367 (office)
(952) 881 -8114 (fax)
(651) 402 -6049 (mobile)
jappertkkareal ..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.
7. Other Special Conditions. On March 25, 2013, the City Council adopted the
following motion:
SP -2
"The City Council approves the site plan consisting of a 13,871 square -foot multi - tenant building
with a drive -thru to allow a fast food restaurant (Building 4B), Planning Case 2013 -06 as shown
in plans dated received January 23, 2013, and including the attached Findings of Fact and
Recommendation, subject to the following conditions:
Environmental Resource Conditions
1. All existing boulevard trees along the west property line must be protected during
construction or replaced after construction if damaged or dead.
2. The selections of Norway maple and Colorado spruce must be removed from the plant
schedule. Hackberry may be selected to replace the Norway maple, other selections as
suggested by the applicant and approved by city staff.
3. Staff recommends that recycling containers be place alongside trash containers in public
spaces.
4. Staff recommends that evergreens be located near the drive -thru area to block headlight glare
into the neighboring use and Highway 101 traffic.
5. The required number of overstory trees in the south and east bufferyards is 8. The applicant
shall convert understory selections to overstory species in all locations where they are not in
conflict with signage.
Fire Marshal Conditions
6. A three -foot clear space shall be maintained around fire hydrants. MSFC sec. 508.5.4.
7. Watermains shall be made serviceable prior to combustible construction. SFC Sec. 503.1.1.
8. Fences, posts, landscaping, storage and other materials shall not be placed near fire hydrants,
Fire Department sprinkler connections that would prevent such equipment from being
immediately discernable. MSFC. Sec 508.5.4.
9. "No Parking Fire Lane" signage and yellow painted curbing will be required. Have
developer contact Chanhassen Fire Marshal for exact locations and sign requirements. MSFC
Sec. 503.3.
10. An addition fire hydrant fire will be required. Contact Fire Marshal for location.
Engineering Conditions
11. Upon completion, the applicant shall submit a set of "as- built" plans signed by a professional
engineer.
12. All of the maintenance for landscaping, and irrigation within the right -of -way must be
maintained by the developer.
13. The applicant shall work with staff on minor plan modifications.
SP -3
14. The phase line must be shown on all plans.
15. The applicant must work with the City to provide assurances that the edge of pavement and
drainage patterns can be adequately maintained given the proposed phase line.
16. A stop sign must be installed at the end of the drive -thru.
17. Site detail "21" in front of the retail building must be included in the site notes.
18. The traffic study must be updated to include an analysis of traffic volumes to the year 2023.
19. The developer shall comply with any additional conditions of approval resulting from the
2023 traffic volumes.
20. The applicant must obtain a MnDOT drainage permit.
21. Spot elevations must be shown on the grading plan to confirm that the site meets the
following minimum grade requirements: 0.5% along curb lines, I% on pavement, and 2% on
turf.
22. Emergency overflow locations and elevations must be shown on the plans.
23. The finished floor elevation of each building must be minimum one foot above the
emergency overflow.
24. The proposed sanitary sewer, watermain and storm sewer shall be privately owned and
maintained.
25. All utilities must be installed and tested in accordance with City standards.
26. The rim and invert elevations of manholes must be shown on the utility plan.
27. Provide a detail of each utility crossing to ensure that there are no conflicts.
28. The storm sewer design must be modified to provide sufficient inlet capacity for drainage
area 20.
29. Add the storm sewer schedule to the utility plan.
30. The power to the Crossroads Boulevard irrigation system must be removed from the City
supply and connected to the development's system.
31. Identify the utility line between the entry monument at Lyman Boulevard and the southern
retail building. This utility shall be relocated within the right of way and/or drainage and
utility easements.
32. The plan set must include a detail sheet.
SP -4
33. City of Chanhassen Detail Plate 5215, Pedestrian Ramps, must be included on the detail
sheet.
Planning Conditions
34. Encroachment agreements are needed for any structure located in the drainage and utility
easements.
35. All rooftop and ground equipment must be screened from views.
36. Approval of the site plan applications is contingent upon approval of the PUD amendment —
Planning Case 2013 -06.
37. Sign illumination and design shall comply with ordinance.
38. The exterior material for the trash enclosure must be of the same exterior material as the
building. Recycling space and other solid waste collection space should be contained within
the same enclosure."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "B" and incorporated herein.
SP -5
CITY OF CHANHASSEN
Tom Furlong, Mayor
(SEAL)
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 2013,
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.
NOTARY PUBLIC
►I :7
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was ac
2013, by
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227 -1100
DEVELOPER: KRAUS- ANDERSON, INC.
Its
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 , 2013.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2013, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
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, Plan F, 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.
GC -1
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 City shall retain $3,180.00
of the posted security for landscaping for twelve (12) months following planting to secure the
warranties. 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 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 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.
GC -2
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.
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;
GC -3
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 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.
GC -4