Site Plan Permit Transmittal
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
LETTER OF TRANSMITTAL
DATE I JOB NO.
9/6/06
ATTENTION
Sue Nelson
RE:
Document Recording
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
[8J Attached 0 Under separate cover via the following items:
o Shop drawings
o Copy of letter
o Prints
o Change Order
o Plans D Samples D Specifications
o Pay Request 0 _
COPIES DATE NO. DESCRIPTION
1 8/28/06 06-28 Interim Use Permit 06-28 (1560 Bluff Creek Drive)
1 7/10/06 06-24 Site Plan Permit 06-24 (Abra Auto Body - Lot 1, Block 1, Chan
Haven Plaza 3rd Addition)
THESE ARE TRANSMITTED as checked below:
o For approval
o For your use
o As requested
o Approved as submitted
o Approved as noted
o Resubmit copies for approval
o Submit copies for distribution
o Return corrected prints
o Returned for corrections
o For review and comment [8J For Recording
o FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
COpy TO: Zumbro River Constructors
John Klingelhutz
Henry Cornelius
SIGNED:
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT # 06-24
SPECIAL PROVISIONS
AGREEMENT dated July 10,2006, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Abra Auto Body - Chanhassen, (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for a 14,430 square-foot expansion to a 4,074 square-foot building (referred to in this
Permit as the "project"). The land is legally described as Lot 1, Block 1, Chan Haven Plaza 3rd
Addition.
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 acc.ordance
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 19,2006, prepared by Alliant Engineering, Inc.
Plan B-- Grading Plan dated May 19, 2006, prepared by Alliant Engineering, Inc.
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Plan C--Landscaping Plan dated May 19, 2006, prepared by Alliant Engineering, Inc.
Plan D--Utility Plans dated May 19, 2006, prepared by Alliant Engineering, Inc.
4. Time of Performance. The Developer shall install all required screening and landscaping
by June 30, 2007. The Developer may, however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the security posted by the Developer to
reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Permit, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$2,500.00 (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 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 certiofied mail at
the following address: Mr. Henry Cornelius
Abra Auto Body - Chanhassen
6322 Timber Trail
Minneapolis, MN 55439
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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. Planning Case #06-24 for Site Plan approval for a 14,430
square-foot expansion to a 4,074 square-foot building, plans prepared by Alliant Engineering, Inc.,
dated 5/19/06, subject to the following conditions:
a. The applicant shall enter into this site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. The addition is required to have an automatic fire extinguishing system.
c. The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
d. The expansion must comply with Minnesota Accessibility Code (MSBC 1341 required).
e. A separate sign permit shall be required for each sign proposed on the site.
f. The lighting must be shielded to prevent off-site glare.
g. The builder must comply with the following fire prevention policies: 04, 06, 07, 29, 34, 36,
40,47,49 and 52.
h. The applicant shall protect all existing trees to be preserved during grading and
construction. Any trees damaged, removed or killed that were to be saved shall be replaced
by the applicant prior to final inspection for the site. Trees with less than 60% canopy shall
be replaced before landscaping financial guarantees are released.
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1. Mechanical equipment must be screened. No wooded fences are permitted on the roof.
J. A wetland buffer 16.5 to 20 feet in width (with a minimum average width of 16.5 feet) shall
be maintained around Wetland A. Wetland buffer areas shall be preserved, surveyed and
staked in accordance with the City's wetland ordinance. The applicant shall install a
minimum of 4 wetland buffer edge signs, under the direction of City staff, before
construction begins and shall pay the City $20 per sign. All structures shall maintain a 40-
foot setback from the edge of the wetland buffer.
k. A temporary cover of mulch and temporary seed shall be in place within 14 days of rough
and or final grade for any exposed soils or if any exposed soils are not actively worked
within a 14-day time period.
1. During installation of the proposed storm sewer infrastructure to the existing storm sewer,
temporary caps or plugs shall be needed until the installation of the pipes and inlets are
complete to prevent sediment from entering the storm sewer.
m. Plans shall include a designated concrete washout area and/or plans on how the
development will handle the concrete wash water.
n. All perimeter controls and inlet protections shall remain in place until 70% of the area is
permanently protected by vegetative cover.
o. Wimco-type or other comparable inlet controls shall be used and installed within 24 hours
of installation of the inlets. Additional existing catch basins immediately adjacent to the
project shall also be protected.
p. The proposed silt fence along Wetland A shall be Type 2 silt fence, as specified in
Chanhassen Standard Detail Plate 5300. Type 1 silt fence may be used for the remainder of
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the site. The grading plan shall be revised to show the proposed silt fence following the
grading limits for the site and shall be located outside of the required 16.5-foot wetland
buffer. All perimeter controls shall be inspected by the city and the SWCD prior to grading.
q. The applicant shall make certain that all construction equipment uses the entire length of the
rock construction entrance and that the entrance is properly maintained to minimize soil
tracking onto streets. Street cleaning of soil tracked onto public streets shall include daily
street scraping and street sweeping as needed.
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), Army Corps of Engineers, Minnesota Department of Transportation (for
discharge into their storm water infrastructure), Minnesota Department of Health, and
comply with their conditions of approval.
s. The developer's engineer must submit data showing that the proposed runoff rate and
volume to the existing storm sewer on the north side of the site will not exceed the existing
rate and volume.
t. The developer's engineer must verify that the existing stormwater pond southwest of the
site has adequate dead and live storage for the additional impervious surface.
u. The existing service must be abandoned at the main.
v. The wet tap must occur outside the operating hours of the businesses which access the
private drive.
w. The developer's contractor must submit a written request to the City Engineer for the
proposed construction time and date for the wet tap."
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8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and
incorporated herein.
CITY OF CHANHASSEN
AND:
DEVELOPER:
BY:~~
I+~N (2. V LoftrVtC\ t.'- S-
Its ONt0~~ I ~~Vc;~ (17ft 1('
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thiJO~day o~~"tbe{' , 2006,
by Thomas A. Furlong, Mayor; and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
::=~~: ~:~::~w corporntion, on behwf of ilie ~ti:~d ~~u~: ~~::ted
NOTARY~
I
, KIM t MEUWISSEN
Notary Public-Minnesota
My Commission expires Jan 31, 2010
6
STATE OF MINNESOTA )
( ss.
COUNTY OF Ctt flU )
The foregoin~ instrument was acknowledged before me this :J 5 day of ,4u-itLJt
2006 by Iff} 1"(1 Co, f1 'C. ku..5 (Developer).
-&h-:n j[ f/Jl~/; VL(J
NOTARYPUBUC
COLLEEN K. MARTINO I
Notary Public-Minnesota
My Commission Expires Jan 31. 2010
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -11 00
7
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDmON
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise
disturb the earth, remove trees, construct improvements, or any buildings until all the following
conditions have been satisfied: 1) this agreement has been fully executed by. both parties and filed
with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the
City has issued a building permit in reliance on the foregoing conditions having been satisfied.
2. Maintenance of site. The site shall be maintained in accordance with the approved site
plan. Plants and ground cover required as a condition of site plan approval which die shall be
promptly replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are
issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City.
The City may impose additional erosion control requirements if they would be beneficial. All
areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
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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 authroize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean,
on and off site, dirt and debris, including blowables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C,
shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees
shall be warranted for twelve (12) months from the time of planting. The Developer or his
contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the
time of final acceptance.
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.
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.
9
8. Developer's Default. In the event of default by the Developer as to any of the work to be
perfonned by it hereunder, the City may, at its option, perfonn 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.
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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. 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. H 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
11
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 corr~ction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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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 0 ned by them.
Dated this 2.'S day of ~, 2006
By
Ow (\Je:f:
t+ ~tJ(<.y C~rtrJecr t.L S
STATEOFMlNNESOTA )
( ss
COUNTY OF ~rV0( )
The foregoing instrument was acknowledged before me this ~ day of AC,UJT
- ;
2006,by fI~n"'l &rnt!lu<.., .
~M-/mtUh~2
NOTARY PUBUC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-11 00
I @: ""f" COLLEEN K. MARTINO J
~'" ""~ Notary Public-Minnesota
~q.;;o.' My Commission expires Jan 31. 2010
13
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
fle)n E4flk. ,
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 :rr day of ~, 2006.
j.~ 2? Lt~ Co-
&.J"'-kl Z"~ BIILr
STATEOFMINNESOTA)
~ At (ss.
COUNTY 0 ~/Vc..../)
The~. a owledgedbeforemethis -Z5";;aYOf A~ '
2006, by I .
-
4~
TIMDINY fl LIE
Notary PubIc "~mli
. '. Comm. Expna.... 31 2007
- .
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
14