Site Plan Agreement letter signed with attachmentsJuly 25, 2016
Mr. Jason Hill
(t �t Chick-fil-A Inc.
CIff or 5200 Buffington Road
C11O[1HSSE Atlanta, GA 30349
7700 Market Boulevard Re: Chick-fil-A Chanhassen, Planning Case #2016-08
PO Box 147
Chanhassen, MN 55317 Dear Mr. Hill,
Administration Enclosed is the site plan agreement for the Chick-Fil-A restaurant which was
Phone: 952.227.1100 approved for development in Chanhassen on May 9, 2016 by the City Council and
Fax: 952.227.1110 incorporates the conditions of approval for the site plan.
Building Inspections
The site plan agreement must be executed by Chick-fil-A, Inc. and the City of
Phone: 952.227.1180
Chanhassen prior to the closing on the property being purchased from the city, which
Fax: 952.227.1190
is scheduled for mid-August. This agreement must be recorded at Carver County
Engineering
within 120 days of the approval (by September 6, 2016) and prior to the issuance of a
Phone: 952.227.1160
building permit. The required security of $156,500.00 shall be submitted to the city
Fax: 952.227.1170
in conjunction with the site plan agreement. A separate building permit application
Phone: 952.221125
and review is required.
Finance
Jill Sinclair, Environmental Resource Specialist
Phone: 952.227.1140
I have also included an application to combine real estate parcels which must be
Fax: 952.227:1110
signed by Chick-Fil-A and returned with the agreement. This document will be
Park & Recreation
submitted with the deed to combine the two parcels.
Phone: 952.2271120
Fax: 952.2271110 If you have any questions or need additional information, please contact me at
Recreation Center bgenerouskci.chanhassen.mn.us or (952) 2271131.
2310 Coulter Boulevard Sinter
Phone: 952.227.1400 '
Fax: 952.227.1404
Planning &
Natural Resources Robert Generous, AICP
Phone: 952.227.1130 Senior Planner
Fax: 952.227.1110
Public Works
Enclosures
7901 Park Place
Phone: 952.227:1300
ec: Kate Aanenson, Community Development Director
Fax: 952.227.1310
Todd Gerhardt, City Manager
Terry Jeffery, Water Resources Coordinator
Senior Center
Jerry Mohn, Building Official
Phone: 952.221125
Andrea McDowell Poehler, Attorney
Fax: 952.227.11110
Jill Sinclair, Environmental Resource Specialist
Website
Stephanie Smith, Project Engineer
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for ToiTionow
Date Received
CARVER COUNTY
Taxpayer Services Department
Government Center - Administration Building
600 East 4th Street
Chaska, MN 55318-2102
Phone (952) 361-1910 Fax(952)361-1919
Application to Combine Real Estate Parcels
Per MN Statute 272.46 the county auditor, upon written application of any person, shall for
property tax purposes only, combine legal descriptions of contiguous parcels to which the
applicant(s) hold title.
In order to be combined, the following requirements must be met:
• Receipt of completed form by owner or designated representative
• Based upon deeds of record, parcels must be of the same (identical) ownership
o Parcels must be contiguous
• Parcels must be located in same unique taxing districts (TAG)
• Current year and delinquent taxes must be paid on each parcel
• If parcels are in a Tax Increment Financing District (TIF), they must be located in the
same TIF district
• If special assessments are not paid on all parcels, the city/township would need to
recertify the special assessments for the new parcel
CAUTION
Parcels that have been combined cannot be subdivided again without local municipality approval.
!f located in a township, Carver County Land Management Office must also approve the subdivision.
Combined property tax will be reflected on next year's tax statement
Owner (Applicant) Name:
Address:
Parcels to be combined: 2-5$Cl000_ .®
Signature:
Rhone Number:
ZSIM o®® 2-1
Date:
For Office Use Only: Approved Denied By:
Reason Denied:
G:\PLAN\Forms\Administrative Subdivisions\Administrative subdivision Application to Combine Real Estate Parcels.doc
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2016-08
Chick-fil-A
SPECIAL PROVISIONS
AGREEMENT dated May 9, 2016, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Chick-fil-A, Inc. (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 4,775 square foot, one-story building with a drive-thru and a variance for hard cover, plans
prepared by HR Green, Inc. (referred to in this Permit as the "project") to be located on the
property located in Carver County, Minnesota, legally described as provided in Exhibit B attached
hereto ("Property").
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters 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 HR Green, Inc. dated 02/23/16.
Plan B—Grading, Drainage and Erosion Control Plans prepared by HR Green, Inc. dated 02/23/16.
Plan C --Landscaping Plan prepared by HR Green, Inc. dated 02/23/16.
Plan D – Plumbing Site Plan prepared by HR Green, Inc. dated 02/23/16
Plan E – Building Elevations prepared by Chipman Design Architecture, Inc. dated 04/06/16.
Plan F - Photometric Plan prepared by Chipman Design Architecture, Inc. dated 04/06/16.
4. Time of Performance. The Developer shall install all required screening and landscaping
by July 30, 2017. The Developer may, however, request an extension of time from the City. If an
1
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
$156,500.00 (erosion control, landscaping and storm sewer improvements). 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.
PROCEDURES FOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
6. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
the following address:
Chick-fil-A, Inc.
5200 Buffington Road
Atlanta, OA 30349
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. City Council approves a site plan for a 4,775 square foot, one-
story building with a drive-thru subject to the following conditions:
Building:
a. The building is required to have an automatic fire extinguishing system.
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. Sanitary and storm sewer service must comply with Minnesota State Plumbing Code (see
Table 701.1).
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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 plan review and permit procedures.
Engineering:
1. Several proposed items are shown within the city's drainage and utility easement,
including: both retaining walls, clearance bar post for the drive-thru and the Chick-fil-A
monument sign. These items must be moved out of the easement or the applicant must
enter into an encroachment agreement concurrent with the site plan agreement.
2. An additional drainage and utility easement shall be recorded over the two drainage
basins located south of the parking lot.
3. The applicant's engineer shall also examine ways to mitigate the queueing and decreased
Level of Service
4. The applicant shall re -stripe the intersection of W 791h Street & Great Plains Boulevard to
provide a longer left turn queue.
5. The applicant's engineer shall verify whether an adequate sight line is provided for
vehicles exiting via the eastern site access prior to issuing a building permit.
6. The applicant shall follow the accessibility code for the construction as well as all
applicable State and Federal laws.
7. The applicant shall coordinate with city staff prior to removal or construction of the
services regarding inspection and traffic control on W 79th Street.
8. Once construction is complete, the applicant shall retain ownership of the proposed
sanitary service, water service and hydrant constructed on this property.
Planning:
i. The applicant shall combine the two parcels identified in Exhibit B as one lot prior to
issuance of a building permit.
2. 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.
3. Wall lighting and the trash enclosure lighting shall comply with city code.
4. The proposed monument sign shall be relocated on the site to comply with city code.
5. Signage shall comply with city code and requires separate sign permits for each sign.
Landscaping:
1. The applicant shall revise the landscape plan to accommodate more of the required
bufferyard trees in the south and east buffer yard areas.
2. The interior width of all landscape islands must be a minimum of 10 feet.
3. The 8" oak tree located on plans along the southeast property line must be preserved.
Revised landscape plans shall note the tree as saved.
4. The London plane -tree and Norway maple listed in the Plant Schedule shall be replaced
with appropriate species from the city's Approved Tree List.
Water Resources:
1. Sheet C-3.1 the two swales/basin areas shown on the southern property boundary shall be
stabilized as soon as possible after going on-line but no more than 48 hours afterwards.
2. The Stormtech system shall be owned and maintained by the property owner.
3. A drainage and utility easement shall be recorded over the Stormtech system and the two
basins located south of the parking lot.
4. The design shall be modified to prevent the wall from experiencing inundation. In the
event this is not possible, the drainage and utility easement shall clearly state that the
retaining wall is the sole responsibility of the property owner.
5. The applicant shall prepare an operations and maintenance manual which shall include a
schedule of inspection as well as anticipated routine maintenance to maintain
performance of the storm water convenience and treatment system in perpetuity or until
such a time as all parties agree it is no longer necessary. This document shall include
persons responsible for inspections and maintenance and shall be recorded against the
property.
6. The city or their representative shall be granted rights to come onto the property during
and after construction of the site to inspect the facility.
7. Inspection reports and maintenance records regarding the storm water treatment system
shall be made available to the City within 30 days of receiving a written request.
8. The applicant must evaluate the conveyance downstream to assure adequate capacity
exists.
9. The applicant shall be responsible for all other agency permits such as MPCA,
RPBCWD, MN DOT, MNDOT, et al.
10. The stormwater connection fees will be due at lot consolidation. The fee is $39,994.68.
6. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
CITE' OF CHANHASSEN
AND:
M
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
DEVELOPER:
Its
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 2016, by
Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2016 by
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
5
NOTARY PUBLIC
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 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 pen -nits 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
0
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 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 development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job site
offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds
for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Permit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until
the streets needed for access have been paved with a bituminous surface and the utilities
tested and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
%I
H. Recording. This Permit shall run with the land and may be recorded against the title to the
property.
I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from
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. Construction activities in
conjunction with new developments and city improvement projects, including but not
limited to grading, utility installation and paving, requiring the use of heavy equipment shall
be permitted between the hours of 7:00 a.m, and 6:00 p.m. on any weekday and 9:00 a.m.
and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public 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:
i. 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 famish 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.
EXHIBIT B
Legal Description of Property:
Parcel 1:
PID: 258900020
Lot 2, Block 1, Zamor Addition, according to the recorded plat thereof, Carver County, Minnesota,
EXCEPTING THEREFROM the following two tracts:
All that part of Lot 2, Block 1, Zamor Addition, according to the recorded plat thereof, Carver
County, Minnesota, which lies easterly of the following described line: Commencing at the most
easterly corner of said Lot 2; thence on an assumed bearing of North 85 degrees 10 minutes 11
seconds West, along the boundary between said Lot 2 and Lot 1, Block 1, said Zamor Addition, for
154.54 feet to an angle point in said boundary and the actual point of beginning of the line to be
described; thence South 18 degrees 20 minutes 00 seconds East for 129.14 feet to the southerly line
of said Lot 2 and there terminating.
and
That part of Lot 2, Block 1, Zamor Addition, shown as Parcel 208B on Minnesota Department of
Transportation Right of Way Plat No. 10-3 filed March 14, 1991, as Document No. 122284.
Parcel 2:
PID: 258900021
All that part of Lot 2, Block 1, Zamor Addition, according to the recorded plat thereof, Carver
County, Minnesota, which lies easterly of the following described line:
Commencing at the most easterly corner of said Lot 2; thence on an assumed bearing of North 85
degrees 10 minutes 11 seconds West, along the boundary between said Lot 2 and Lot 1, Block 1,
said Zamor Addition, for 154.54 feet to an angle point in said boundary and the actual point of
beginning of the line to be described; thence South 18 degrees 20 minutes 00 seconds East for
129.14 feet to the southerly line of said Lot 2 and there terminating.
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 , 20
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20, by
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
10
NOTARY PUBLIC
MORTGAGE MOLDER 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 , 20
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20—, by
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
11
NOTARY PUBLIC