Approval letter 7-13-04
CITY OF
CHANHASSEN
7700 Markel Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
BUilding Inspections
Phone: 952.227.1180
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
W'/I\v.ci .chanhassen.m n.us
July 13,2004
Mr. Bill Tippmann
Bear Creek Capital, LLC
9549 Montgomery Road, 3rd Fl.
Cincinnati, OR 45242
Re: CVS/pharrnacy - Planning Case No. 04-21
Dear Bill:
On July 12, 2004, the Chanhassen City Council approved the following:
Site Plan Planning Case # 04-21, plans prepared by Anderson Engineering of
Minnesota, LLC, dated May 5,2004, revised 5-13-04,5-20-04 and 6-24-04, with
a 38-foot variance from the parking setback requirement and a variance to permit
two rows of parking between the building and the roadbasëd on the attached
findings and recommendation and subject to the following conditions:
1. The applicant shall enter into a site plan agreement witht~eCitYa.nd
provide the necessary security to guarantee erosion control,siterëstoration
and landscaping. . .
2.
The developer shallprovideabike rack. Additionally, thedevelopershall
install benches on both the Highway 5 and Galpin Boulevard sidesQfthe
building.
3.
4.
All sidewalks shall be proviciëdwithaccessibleramps.
5.
The plans must be prep£lIedandsigneclbydesignprofessionalsIicênsecLin
the State of Minnesota.
6.
Detailed occupancy reI ated requirements will be reviewed when complete
plans are submitted.
7. Utility plans: Cleanoutsare required in the sanitary sewer systemin
accordance with the MÌnnesotaPlumbing Code.
8. Applicant shall plant 8 deciduoustreesalong Galpin Boulevard in order to
meet minimum requirements.
The City 01 Chanhassen . A growing community with clean lakes, Quality schools, a chamning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mr. Bill Tippmann
July 13, 2004
Page 2
9. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, Cable TV and transfOlmer boxes. This is to ensure
that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
10. The builder must comply with the Chanhassen Fire DepartmentlFire Prevention Division
regarding the maximum allowable size of domestic water on a combination water/sprinkler
supply line. Pursuant to Chanhassen Fire DepartmentlFire Prevention division Policy #36-
1991.
11. The builder must comply with water service installation policy for commercial and
industrial buildings. Pursuant to Inspection Division Water Service Installation Policy
#34-1993.
12. The builder must comply with the Chanhassen Fire DepartmentlFire Prevention Division
regarding premise identification. Pursuant to Chanhassen Fire DepartmentlFire Prevention
Division Policy #29-1992.
13. The builder must comply with the Chanhassen Fire DepmimentlFire Prevention Division
regarding notes to be included on all site plans. Pursuant to Chanhassen Fire
DepartmentlFire Prevention Division Policy #4-1991.
14. "No Parking Fire Lane" signs and yellow-painted curbing will be required. Please contact
Chanhassen Fire Marshal for exact sign locations and for exact curbing to be painted
yellow.
15. The proposed development shall maintain existing runoff rates. StOlID water calculations
shall be submitted to verify that the existing storm water pond is sized adequately for the
proposed development.
16. 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 pelmanent cover year round,
according to the following table of slopes and time frames:
Type of Slope
Time
Steeper than 3:1
10:1 to 3:1
Flatter than 10: 1
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed stOlID water management pond side slopes, and 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.
Mr. Bill Tippmann
July 13,2004
Page 3
17. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as-needed.
18. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Carver County, Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution
Control Agency, Minnesota Department of Natural Resources (for dewatering), Army
Corps of Engineers) and comply with their conditions of approval.
19. Show the location of the accessible ramps on the plans.
20. All final plans must be signed by a registered civil engineer.
21. Add all applicable 2004 City of Chanhassen detail plates to the plans.
22. On the Grading Plan:
a. Show all existing and proposed easements.
b. Show the location of the existing silt fence.
c. Show the existing topography of the site.
23. The retaining wan must be designed by a registered structural engineer and a permit from
the Building Department must be obtained for its construction.
24. The City's type II silt fence must be used adjacent to the wetland on the east side of the
site. In addition, a 75-foot minimum rock construction entrance must be included at the
main access drive to the site.
25. The remaining assessment due payable to the City at the time of building permit
application is $10,479. In addition, sanitary sewer and water hook-up charges along with
the Met Council's SAC fee will be due at the time of building permit issuance. The 2004
trunk utility hook-up charge is $1,458 per unit for sanitary sewer and $2,814 per unit for
water. The 2004 SAC fee is $1,425 per unit. The hook-up charges and SAC fee are based
on the number of SAC units assigned by the Met Council.
26. Storm sewer sizing calculations will need to be submitted for review prior to building
permit approval.
27. Directional signage showing access to TH 5 and south Galpin Boulevard shall be installed.
28. Revise the drive aisle width of the drive-thru exit from 16 to 20 feet.
29. Work with staff to increase the berming adjacent to TH 5 and Galpin Boulevard.
The Chanhassen City Council also denied the sign variance to increase the pylon sign height.
Mr. Bill Tippmann
July 13,2004
Page 4
Enclosed is a site plan agreement that must be executed by Bear Creek Capital, LLC. Return the
agreement to me for city execution and recording at Carver County within 120 days of the
approval (by November 9, 2004). 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 infOlIDation, please
contact me at (952) 227-1131.
Sincerely,
/~ ~~V~
Robert Generous, AICP
Senior Planner
Enclosure
c: Matt Saam, Assistant City Engineer
Steve Torell, Building Official
Mark Schuster, Anderson Engineering of Minnesota, LLC
g:\plan\2004 planning cases\04-21 - cvs phannacy spr & var\approvalletter.doc
CITY OF CHANHASSEN
SITE PLAN PERMIT #04-21
SPECIAL PROVISIONS
AGREEMENT dated July 12, 2004, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and Bear Creek Capital, LLC (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for a 13,013 square foot commercial building with a parking setback variance (referred to
in this Permit as the "project"). The land is legally described as Lot 2, Block 1, Galpin Business
Park.
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 dated May 5, 2004, revised 5-13-04,5-20-04 and 6-24-04,
prepared by Anderson Engineering of Minnesota, LLC,
1
Plan B-Grading, Drainage, and Utility Plan dated May 5,2004, revised 5-13-04,
5-20-04 and 6-24-04, prepared by Anderson Engineeling of Minnesota, LLC
Plan C-Landscaping Plan dated May 5,2004, revised 5-13-04,5-20-04 and 6-24-
04, prepared by Anderson Engineering of Minnesota, LLC
4. Time of Performance. The Developer shall install all required screening and
landscaping by June 30,2005. 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 telms of this Permit, the Developer
shall furnish the City with a letter of credit from a bank or cash escrow in the amount of $5,000
($2,500 - boulevard restoration and driveway aprons and $2,500 - erosion control). If the
Developer requests a Certificate of Occupancy plior 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 ensure
the installation of said landscaping.
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:
Bear Creek Capital, LLC
9549 Montgomery Road, 3rd Fl.
Cincinnati, OH 45242
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.
2
7. Other Special Conditions. Approved Site Plan #04-21 as shown on the plans
dated May 5, 2004, revised 5-13-04, 5-20-04 and 6-24-04, prepared by Anderson Engineering of
Minnesota, LLC and subject to the following conditions:
a. The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. The developer shall provide a bike rack. Additionally, the developer shall install
benches on both the Highway 5 and Galpin Boulevard sides of the building.
c. The building is required to have an automatic fire extinguishing system.
d. All sidewalks shall be provided with accessible ramps.
e. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
f. Detailed occupancy related requirements will be reviewed when complete plans
are submitted.
g. Utility plans: Cleanouts are required in the sanitary sewer system in accordance
with the Minnesota Plumbing Code.
h. Applicant shall plant 8 deciduous trees along Galpin Boulevard in order to meet
minimum requirements.
1. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps,
trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This
is to ensure that fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
J. The builder must comply with the Chanhassen Fire DepartmentlFire Prevention
Division regarding the maximum allowable size of domestic water on a
combination water/sprinkler supply line. Pursuant to Chanhassen Fire
DepartmentlFire Prevention division Policy #36-1991.
k. The builder must comply with water service installation policy for commercial
and industrial buildings. Pursuant to Inspection Division Water Service
Installation Policy #34-1993. Copy enclosed.
I. The builder must comply with the Chanhassen Fire DepartmentlFire Prevention
Division regarding premise identification. Pursuant to Chanhassen Fire
DepartmentlFire Prevention Division Policy #29-1992.
3
m. The builder must comply with the Chanhassen Fire DepartmentlFire Prevention
Division regarding notes to be included on all site plans. Pursuant to Chanhassen
Fire DepartmentlFire Prevention Division Policy #4-1991. Copy enclosed.
n. "No Parking Fire Lane" signs and yellow-painted curbing will be required. Please
contact Chanhassen Fire Marshal for exact sign locations and for exact curbing to
be painted yellow.
o. The proposed development shall maintain existing runoff rates. Storm water
calculations shall be submitted to verify that the existing storm water pond is
sized adequately for the proposed development.
p. 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
Time
Steeper than 3:1
10: 1 to 3: 1
Flatter than 10: 1
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
q. These areas include constructed storm water management pond side slopes, and
any exposed soil areas with a positive slope to a storm water conveyance system,
such as a curb and gutter system, stOlID sewer inlet, temporary or permanent
drainage ditch or other natural or man made systems that discharge to a surface
water.
r. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as-needed.
s. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies (e.g., Carver County, Riley-Purgatory-Bluff Creek Watershed District,
Minnesota Pollution Control Agency, Minnesota Department of Natural
Resources (for dewateIing), Army Corps of Engineers) and comply with their
conditions of approval.
t. Show the location of the accessible ramps on the plans.
u. All final plans must be signed by a registered civil engineer.
v. Add all applicable 2004 City of Chanhassen detail plates to the plans.
w. On the Grading Plan:
(1) Show all existing and proposed easements.
(2) Show the location of the existing silt fence.
4
(3) Show the existing topography of the site.
x. The retaining wall must be designed by a registered structural engineer and a
permit from the Building Department must be obtained for its construction.
y. The City's type IT silt fence must be used adjacent to the wetland on the east side
of the site. In addition, a 75-foot minimum rock construction entrance must be
included at the main access drive to the site.
z. The remaining assessment due payable to the City at the time of building permit
application is $10,479. In addition, sanitary sewer and water hook-up charges
along with the Met Council's SAC fee will be due at the time of building permit
issuance. The 2004 trunk utility hook-up charge is $1,458 per unit for sanitary
sewer and $2,814 per unit for water. The 2004 SAC fee is $1,425 per unit. The
hook-up charges and SAC fee are based on the number of SAC units assigned by
the Met Council.
aa. Storm sewer sizing calculations will need to be submitted for review prior to
building permit approval.
bb. Directional signage showing access to TH 5 and south Galpin Boulevard shall be
installed.
cc. Revise the drive aisle width of the drive-thru exit from 16 to 20 feet.
dd. Work with staff to increase the berming adjacent to TH 5 and Galpin Boulevard.
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"A" and incorporated herein.
5
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of
2004, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
DEVELOPER:
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2004 by
NOTARY PUBLIC
6
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CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this _ day of
,2004
By:
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2004, by
NOTARYPUBUC
7
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "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.
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 property to perfOlID 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 celiified 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
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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 materials that have blown, 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 from a bank or cash escrow with the City to secure the
warranties at the time of final acceptance.
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.
9
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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 incun-ed 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 propeliy 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 pmiies 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
10
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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 ofthis 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.
R. Recording. This Permit shall run with the land and may be recorded against the title
to the property.
1. 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 nonnal construction hours and maintenance of equipment
11
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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
12
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'"
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 neither the nature
of suitability of soils nor the cost of correcting any unsuitable soil conditions which may
exist.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
13