Approval Letter 2-1-06
CITY OF
CHANHASSEN
7700 Market 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
'1NfW. ci .chan hassen.mn. us
February 1, 2006
Mr. John Pullis
Food for the Journey
1385 Wildflower Lane
Chaska, MN 55318
Re: Jacob's Tavern - Planning Case No. 05-40
Dear Mr. Pullis:
This letter is to confirm that on January 23,2006, the Chanhassen City Council
approved Site Plan Planning Case #05-40, plans prepared by Schoell & Madson,
Inc., dated November 10, 2005, for a 6,808 square-foot restaurant on Lot 1, Block
1, Arboretum Business Park 6th Addition, subject to the following conditions:
1. 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.
2. A recorded parking easement for the benefit of Lot 1, Block 1, Arboretum
Business Park 6th Addition for the use of nine stalls on the Holiday Inn
Express site (Lot 2, Block 1, Arboretum Business Park 6th Addition) is
required as part of the site plan.
3. The developer shall install site furnishings including benches, bicycle racks,
and tables.
4. All signs shall require a separate sign permit.
5. Mechanical equipment, either roof-mounted or at grade, must be screened.
6. The building must be protected with an automatic fire sprinkler system.
7. The building plans must be prepared and signed by design professionals
licensed in the State of Minnesota.
8. The building owner and or their representatives shall meet with the
Inspections Division to discuss plan review and permit procedures.
9. Pedestrian ramps shall be provided in all locations where the sidewalk ends at
a curb.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mr. John Pullis
Jacob's Tavern
February 1, 2006
Page 2 of 4
10. The full access driveway onto Century Boulevard is allowed. However, should the driveway
cease to operate in a safe manner in the opinion of the property owners of Lots 1 or 2, Block
1, Arboretum Business Park 6th Addition, or Lots 1,2 or 3, Block 1, Arboretum Business
Park 4th Addition, or if any of the following conditions are met, the property owners of Lots 1
and 2, Block 1, Arboretum Business Park 6th Addition and Lots 1,2 and 3, Block 1,
Arboretum Business Park 4th Addition shall be assessed 100% of the costs incurred to correct
the conditions in a fashion acceptable to the City of Chanhassen:
a. Level of service "F" at the intersection during peak AM and PM times.
b. Level of service "D" or below at the intersection during non-peak times.
c. Significant accidents that are attributed to the configuration of the intersection occur that
indicate a mutually recognized safety concern at the intersection.
11. The slope located along the southern property line shall be seeded with a native grass mix
and left natural. The applicant will be allowed to mow along the parking lot and trail if
necessary.
12. Storm water calculations shall be submitted to ensure the existing downstream storm water
infrastructure is sized adequately for the proposed development.
13. Two details for silt fence are included on the detail sheet. The old detail for silt fence (Detail
5300 last revised January of 2003) should be removed from the detail sheet. The plans
should be revised to show inlet protection around all storm sewer inlets.
14. Wimco-type inlet controls should be specified for inlet protection. Inlet protection shall be
provided for existing catch basins immediately adjacent to the project.
15. During installation of the proposed storm sewer infrastructure to the existing storm sewer,
temporary caps or plugs should be provided until the installation of the pipes and inlets are
complete.
16. A temporary cover of mulch and seed is needed within 14 days of final grade for any
exposed soils or if any exposed soils are not actively worked within a 14-day time period.
17. Any sediment tracked upon paved surfaces must be scraped and swept within 24 hours.
18. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency
(NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources
(for dewatering), Minnesota Department of Transportation, Minnesota Department of
Health) and comply with their conditions of approval.
19. A professional civil engineer registered in the State of Minnesota must sign all plans.
20. The applicant will be required to submit storm sewer sizing design data for a lO-year, 24-
hour storm event with storm sewer drainage map prior to building permit issuance.
Mr. John Pullis
Jacob's Tavern
February 1, 2006
Page 3 of 4
21. The applicant should be aware that any off-site grading will require an easement from the
appropriate property owner.
22. Installation of the private utilities for the site will require permits and inspections through the
City's Building Department.
23. Add the latest City Detail Plate Nos. 1004,5214,5300 and 5302.
24. The site will be subject to City sanitary sewer and water hookup charges at the time of
building permit issuance. The 2006 trunk utility hookup charges are $1,575.00 per unit for
sanitary sewer and $4,078.00 per unit for water.
25. Permits from the appropriate regulatory agencies must be obtained, including but not limited
to the MPCA, Department of Health, Watershed District, MnDOT, etc.
26. On the utility plan show all the existing utility sewer type, size, slope and class.
27. Cross-access easements for the shared driveway access must be obtained and recorded
against the lots.
28. 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.
29. Yellow curbing and "No Parking Fire Lane" signs will be required. Contact Chanhassen Fire
Marshal for exact location of yellow curbing and location of signs to be installed.
30. Builder must comply with the following Chanhassen Fire DepartmentJFire Prevention
Division Policies.
a. #1-1990 regarding fire alarm systems,
b. #4-1991 regarding notes to be included on all site plans,
c. #7-1991 regarding pre-fire drawings,
d. #29-1992 regarding premise identification,
e. #34-1993 regarding water service installation,
f. #36-1994 regarding proper water line sizing,
g. #40-1995 regarding fire protection systems.
31. The applicant will work with staff to identify a durable material for the top of the silo
which does not include canvas.
Mr. John Pullis
Jacob's Tavern
February 1, 2006
Page 4 of 4
Enclosed is a site plan agreement that must be executed by the developer. Return the agreement
to me for city execution and recording at Carver County within 120 days of the approval (by
May 23, 2006). 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 information, please contact me at (952)
227-1131.
Sincerely,
~.~
Robert Generous, AICP
Senior Planner
Enclosure
c: Truman Howell
ec: Alyson Fauske, Assistant City Engineer
Steve Torell, Building Official
g:\plan\2005 planning cases\05-40 jacob's tavern\approvalletter.doc
CITY OF CHANHASSEN
SITE PLAN PERMIT 05-40
SPECIAL PROVISIONS
AGREEl\1ENT dated January 23,2006, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Food for the Journey (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for a 6,808 square-foot restaurant building (referred to in this Permit as the "project"). The
land is legally described as Lot 1, Block 1, Arboretum Business Park 6th Addition.
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 11/10/05, prepared by Schoell & Madson, Inc.
. Plan B-Grading, Drainage, and Utility Plan dated 11/04/05, prepared by Schoell &
Madson, Inc.
. Plan C-Landscaping Plan dated 11/04/05, prepared by Schoell & Madson, Inc.
1
4. Time of Performance. The Developer shall install all required screening and
landscaping by November 1, 2006. The Developer may, however, request an extension of time
from the City. If an extension is granted, it shall be conditioned upon updating the security posted
by the Developer to reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Permit, the Developer
shall furnish the City with a letter of credit from a bank, or cash escrow, in the amount of $5,000.00
($2,500 - boulevard restoration and driveway aprons and $2,500 - erosion control). 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 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 certified
mail at the following address:
Food for the Journey
Attn: John Pullis
1385 Wildflower Lane
Chaska, MN 55318
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. Approved Site Plan #05-40 as shown on the plans
dated November 10, 2005 and subject to the following conditions:
2
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. A recorded parking easement for the benefit of Lot 1, Block 1, Arboretum Business
Park 6th Addition for the use of nine stalls on the Holiday Inn Express site (Lot 2,
Block 1, Arboretum Business Park 6th Addition) is required as part of the site plan.
c. The developer shall install site furnishings including benches, bicycle racks, and
tables.
d. All signs shall require a separate sign permit.
e. Mechanical equipment, either roof-mounted or at grade, must be screened.
f. The building must be protected with an automatic fire sprinkler system.
g. The building plans must be prepared and signed by design professionals licensed in
the State of Minnesota.
h. The building owner and or their representatives shall meet with the Inspections
Division to discuss plan review and permit procedures.
1. Pedestrian ramps shall be provided in all locations where the sidewalk ends at a curb.
J. The full access driveway onto Century Boulevard is allowed. However, should the
driveway cease to operate in a safe manner in the opinion of the property owners of
Lots 1 or 2, Block 1, Arboretum Business Park 6th Addition, or Lots 1,2 or 3, Block
1, Arboretum Business Park 4th Addition, or if any of the following conditions are
met, the property owners of Lots 1 and 2, Block 1, Arboretum Business Park 6th
Addition and Lots 1,2 and 3, Block 1, Arboretum Business Park 4th Addition shall be
assessed 100% of the costs incurred to correct the conditions in a fashion acceptable
to the City of Chanhassen:
1. Level of service "F" at the intersection during peak AM and PM times.
2. Level of service "D" or below at the intersection during non-peak times.
3. Significant accidents that are attributed to the configuration of the intersection
occur that indicate a mutually recognized safety concern at the intersection.
k. The slope located along the southern property line shall be seeded with a native grass
mix and left natural. The applicant will be allowed to mow along the parking lot and
trail if necessary.
1. Storm water calculations shall be submitted to ensure the existing downstream storm
water infrastructure is sized adequately for the proposed development.
3
m. Two details for silt fence are included on the detail sheet. The old detail for silt fence
(Detail 5300 last revised January of 2003) should be removed from the detail sheet.
The plans should be revised to show inlet protection around all storm sewer inlets.
n. Wimco-type inlet controls should be specified for inlet protection. Inlet protection
shall be provided for existing catch basins immediately adjacent to the project.
o. During installation of the proposed storm sewer infrastructure to the existing storm
sewer, temporary caps or plugs should be provided until the installation of the pipes
and inlets are complete.
p. A temporary cover of mulch and seed is needed within 14 days of final grade for any
exposed soils or if any exposed soils are not actively worked within a 14-day time
period.
q. Any sediment tracked upon paved surfaces must be scraped and swept within 24
hours.
r. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution
Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department
of Natural Resources (for dewatering), Minnesota Department of Transportation,
Minnesota Department of Health) and comply with their conditions of approval.
s. A professional civil engineer registered in the State of Minnesota must sign all plans.
t. The applicant will be required to submit storm sewer sizing design data for a lO-year,
24-hour storm event with storm sewer drainage map prior to building permit issuance.
u. The applicant should be aware that any off-site grading will require an easement from
the appropriate property owner.
v. Installation of the private utilities for the site will require permits and inspections
through the City's Building Department.
w. Add the latest City Detail Plate Nos. 1004,5214,5300 and 5302.
x. The site will be subject to City sanitary sewer and water hookup charges at the time of
building permit issuance. The 2006 trunk utility hookup charges are $1,575.00 per
unit for sanitary sewer and $4,078.00 per unit for water.
y. Permits from the appropriate regulatory agencies must be obtained, including but not
limited to the MPCA, Department of Health, Watershed District, MnDOT, etc.
z. On the utility plan show all the existing utility sewer type, size, slope and class.
4
aa. Cross-access easements for the shared driveway access must be obtained and recorded
against the lots.
bb. 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.
cc. Yellow curbing and "No Parking Fire Lane" signs will be required. Contact
Chanhassen Fire Marshal for exact location of yellow curbing and location of signs to
be installed.
dd. Builder must comply with the following Chanhassen Fire DepartmentlFire Prevention
Division Policies.
1. #1-1990 regarding fire alarm systems,
2. #4-1991 regarding notes to be included on all site plans,
3. #7-1991 regarding pre-fire drawings,
4. #29-1992 regarding premise identification,
5. #34-1993 regarding water service installation,
6. #36-1994 regarding proper water line sizing,
7. #40-1995 regarding fire protection systems.
ee. The applicant will work with staff to identify a durable material for the top of the silo
which does not include canvas.
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"A" and incorporated herein.
J....,
5
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
DEVELOPER:
BY:
Its
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of
2006, 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.
NOTARYPUBUC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2006 by
NOTARY PUBUC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
6
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
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) 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 perform all work and inspections deemed appropriate
by the City in conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are
issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City.
The City may impose additional erosion control requirements if they would be beneficial. All
areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
7
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.
8
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 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
9
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.
H. 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 normal construction hours and maintenance of equipment
10
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
11
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.
12
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 Development Contract 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
NOTARYPUBUC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
13
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
,2006
By
STATEOFMINNESOTA )
( ss
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
2006, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
14