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78-05 - Holiday Replat pt 1
�-5 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA COUNTY OI CARVER ss. ) Don Ashworth _ _ __, being first duly sworn, on oath deposes and says that he is and was on March 2 , 19 81 , the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on ,said date he caused to be mailed a copy of the attached notice of hearing on a replat request for Cannonball Kitchens, Inc. inthe City to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mails with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer of Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of lop ublic KAREN J. ENGELHARDT jt, i NOTARY PUBLIC - MINNESOTA 1111�� CARVER COUNTY . My Commission Expires Oct. 11, 19NUS CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR A REPLAT REQUEST FOR CANNONBALL KITCHENS, INC., CHANHASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota will meet on Wednesday, the 25th day of March, 1981 at 7:30 p.m. at the City Hall, 7610 Laredo Drive for the purpose of holding a public hearing to consider the replat. of the property known and described as Lots 2 and 3, Block 1 of Zamor Addition for two commercial building sites. All persons interested may appear and be heard at said time and place.. A plan depicting said proposed replat, is available for inspection at City Hall. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, Land Use Coordinator (Publish in the Carver County Herald on March 4, 1981) Je��y,=- 41 Ave. Ho. New Hope, NN 53427 HOLIDAY STATION STORES 4567 W. 80th St. Minneapolis,.MN 55437 Larry Zamor 170 Birch Bluff Road Excelsior, MN 55331 Frontier DevelcFment Corp. W. 78th St. CHanhassen, MN 55317 M. J. Ward Box 213 Chanhassen, MN 55317 Strong-Tbwle Inc. 320 Midland Bank Bldg. Minneapolis, MN 55401 Leslie J. Renner 4430 Manitou Road Tbnka Bay, Mn. 55331 Stephen C.' Benson 460 W. 78th St. Chanhassen, M 55317 Ralph G. Mblnau 116 W. 1st St. Waconia, M 55387 American Oil Co. 4940 Viking Drive Minneapolis, MN 55435 W ' Owners of ProperLLes within 350' of Lot 2, Eamor . lition -. HOLIDAY STATION STORES 4567 West 80th Street Minneapolis, Mn. 55437 Lot 13- Block l , Laurance N. and Phyllis D. Zamor 170 Bir H Bluff Road Excelsi.or,,Mn..55331 Tot. L & 3, Block 1 Frontier Development Corp. Mr. Bloomberg Chanhassen, Ma. 55317 M. J . Ward Box 213 Chanhassen, Mn. 55317 - Strang -Towle ,Inc. 320 Midland Bank Building Minneapolis, Mn. 55401 Lot 3, 4, 6,, 7, 9, Block 1 Leslie J. Renner Lot 5 & 8, Block 1 4430 Manitou Road Tonka Bay, Mn. 55331 J Lot 5 RR #2, Box 307 Excelsior, Ma. 55331 Lot 8 Stephen C. Benson 460 W. 78th Street Chanhassen, Mn. 55317 Ralph G. Molnau 116. W. lst Street Waconia, Mn. 55387 Lot 1 & 2, Block 1 American'Ol Company 4940 Viking Drive Minneapolis, Mn. 55435 :-�wTl� Fjw�c�rgL eoR1° , S4-'eLaC/at '� 5-13Q % I— Alto G sap wAt�eA51C 4' s 5- z 6 �,� 1 STAR 2 4124 Quebec Avenue North Suite 101 New Hope, Minnesota 55427 February 24th, 1981 Mr. Bob Waibel CITY OF CHANHASSEN 7610 Laredo Drive Chanhassen, Mn. 55317 Dear Bob: Enclosed find notorized copy of Owner's within 350' of Lot 2, Zamor Addition. call me. JEH:lp Enc. If you have any questions, please feel free to Sincerely, STAR 2 BytJe y E. Harring n, VVVVVV Pr sident FEB1981 RECEIVED VIU.AGE OF CHANHASSEN, ry_ MINN. Owners of Properti,•s within 350' of Lot 2, Zamor A..:ition HOLIDAY STATION STORES 4567 West 80th Street Minneapolis, Mn. 55437 Lot 1, Block 1 Laurance N. and Phvllis D. Zamor 170 Bi.r. H Bluff Road Excelsior, Mn. 55331 Lot 2 & 3, Block l Frontier Developr.f-it Corp. Mr.. Bloomberg Chanhassen, Mn. 5_5317 M. J. Ward Box 213 Chanhassen, Mn. 55317 Strong -Towle Inc. 320 Midland Bank Building. Minneapolis, Mn. 55401 Lot 3, 4, 6, 7, 9, Block 1 Leslie J. Renner Lot 5 & 8; Block 1 4430 Manitou Road Tonka Bay, Mn. 55331 Lot 5 RR #2, Box 307 Excelsior, Mn. 55:331 Lot 8 Stephen C. Benson 460 W. 78th Strut. Chanhassen, Mn. 55317 Ralph G.-Molnau 116 W. 1st Street. Waconia, Mn. 55387 Lot 1 & 2, Block 1 American Oil Company 4940 Viking Drive Minneapolis, Mn. 55435 I Linda Harrington McManis certify that the above list of property owners are true and correct as -taken from the Assesors office in the City of Chaska, County of Carver, State of Minnesota C inda Harringt MCManis� Subscribed and sworn to before me, LILLIAN Efzso othis 90th day of Feb r ary, 1981 iaN ri Fubiic, f.;.Rey iur :i Cy„ F i gomrntssion Expir i;s Oct 27, 1984 Notary Public 4A RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Dear Don: August 2, 1979 Re: Holiday/Happy Chef TELEPHONE (612) 335-9565 Enclosed you will find our revised Holiday/Happy Chef development contracts, reflecting the changes made by the Council on July 16, 1979. I have retained the original copies in my file. I wish to call to your specific attention the following: Section 10 (both contracts ) - posting of performance bond is delayed until time of issuance of building permit; and bond may be released upon completion of the site improvements other than the building itself. Section 11 (Happy Chef contract only) - Note addition of sentence concerning roof top fans and air conditioning compressors. This sen- tence should be deleted with the appropriate overstrikes if found to be inappropriate by the Planning staff. Section 19 (both contracts) - developer's duty to maintain public liability insurance terminates upon completion of all site improve- ments other than the building itself. Section 19(d) (both contracts) - new subsection intended to clarify the remedies available to the City if building construction is never commenced. Section 24 (both contracts) - the developer's replacement obligation as to trees and shrubs terminates within 18 months. As originally drafted, the developer's obligation to maintain these plantings was a continuing obligation. The wording in the enclosed draft could be a problem if the developer decides to permit the screening materials to die as a result of willful neglect. Section 25 (Holiday contract only) - note addition of items "d" and "e". These items should be deleted with appropriate overstrikes if found to be inappropriate by the Planning staff. 1 i12 3��.. Donald W. Ashworth -2- 8/2/79 Holiday/Happy Chef Bob Waibel has indicated that I should make arrangements to deliver copies of these contracts to Mr. Lee simultaneously with the delivery of this letter. I have done so. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:mep Encl. cc: Bob Waibel WILLIAM D. SCHOELL ` CARLISLE MADSON JACK T. VOSLER J� JAMES R. ORR J, HAROLD E. DAHLIN �j LARRY L. HANSON / RAYMOND J. JACKSON WILLIAM J. BREZINSKY Cl JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 16121 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 City of Chanhassen c/o Mr. Robert Waibel, Assistant City Manager/Planner Box 147 Chanhassen, Minnesota 55317 Gentlemen: OFFICES AT HURON, SOUTH DAKOTA AND DENTCN, TEXAS August 2, 1979 Subject: Plan Review, `nappy Chef Restaurant/Holiday Station, Chanhassen, Minnesota We have reviewed the subject site plan for drainage, sanitary sewer service and water service requirements. The drainage off the property is divided in such a way that approximately two-thirds of the property drains to West 79th Street with the remainder draining to the north ditch of Minnesota Trunk Highway No. 5. This is consistant with the original drain- age structures on West 79th Street and Highway No. 5. The applicant has received a permit for construction from Riley - Purgatory Watershed District with recommendations. These recom- mendations should be followed. The water and sewer services for both Holiday and Happy Chef can be provided from West 79th Street south into the property. At the present time, there is in existence one 6-inch water service and one 6-inch sewer service approximately 200 feet west of the east property line. The existing water and sewer services may be used by the Happy Chef Restaurant as they are sized to fit their requirements. Separate services should be provided for the entity not using the existing services to West 79th Street. When these services are installed, the existing paved street will be disturbed. This street should be restored after construction to meet City requirements. We will supply a sample of Specifications for restoration to Holiday upon their request. 3' ti AUG 1979 0 l� RECEIVED VILLAGIt :GHANHAssEN, y . �C MINN. �'lf.�n.jfll rd 1v a SCHOELL & MADSON.INr-. City of Chanhassen c/o Mr. Robert Waibel Page Two August 2, 1979 We have also examined the site plans to determine the bonding costs for construction of the following: -- Parking lot and access driveway grading, stabilizing and bituminous surfacing -- Concrete curb and gutter abutting the parking lot and access driveways -- Storm and surface water drainage -- Boulevard sodding and seeding -- Grounds lighting and parking lot lights The total estimated construction cost of the above items is $91,200.00 of which $56,400.00 is attributed to Happy Chef and $34,800.00 to Holiday. To determine the bonding amount, engineering, legal, contingencies and other miscellaneous costs should be added to this. These costs usually are approximately 21 percent of the total construction costs. When this is added, the total bonding amount would be $110,350.00 of which $68,240 is attributed to Happy Chef and $42,110 to Holiday. We also arrived at a figure for landscaping of $15,000.00 total and this is broken down into $12,500 for Happy Chef and $2,500 for Holiday. These figures include engineering, legal, contingencies and miscellaneous costs. If you have any questions, please let us know. Very truly yours, SCHOELL & MADSON, INC. RBGordon : mkr f c}z cc: John E. Lee, Jr. Attorney at Law CITY'OF A x HAM 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: July 16, 1979 SUBJ: Development Contract and Security Agreement, Holiday/Happy Chef, Highways 5 and 101 Attached please find the Development Security Agreement and Development Contract for the Holiday/Happy Chef development proposed at Highways 5 and 101. Staff believes such to be in agreement with previous City Council/HRA actions. As of the date of this writing, it is my understanding that certain portions of the two agreements are not acceptable to Holiday/Happy Chef. I have informed Holiday/Happy Chef that they must submit any proposed changes prior to Monday night to insure that City staff will be in a position to comment on these. This is with the assumption that such changes would be minor. Should Holiday/Happy Chef not submit proposed changes prior to Monday, thus allowing staff to be in a position to respond to such changes, this office would recommend that no con— sideration be given to this item Monday evening. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Dear Don: July 6, 1979 Trom City Administrator Referred To: P/9ayor Council — Planner "�" Building Attorr,�.y 'ELEPHONE 4")335-9S6B En�;inee; >J Tre sLr. L--- fp Street feloint.� Utilities —� Press Other .Bate r7 -11-'7 2 Re: HRA: Holiday/Happy Chef Enclosed are my proposed security agreements, whereby the HRA's $15,000 development incentive would be secured pending completion of both the buildings and the landscaping on Lots 1 and 2, Block 1, Zamor Addition. The security agreements provide that a separate performance bond is to be provided in the case of each lot. Originally, I had intended that Mr. Zamor and Holiday and Happy Chef would be jointly and severally liable for any default which would tend to jeopardize the HRA's $15,000 investment. However, after reflecting on the legal problems involved in charging Holiday's portion of the bond if only Happy Chef were in default (or vice versa), I have decided that separate security agreements would be more workable. The amount of the bond is left blank on each agreement. I suggest. that you direct the City Engineer to estimate the proportion of total landscaping costs which will be expended in the case of each / lot. That proportion would then be used to compute the amount of each separate bond. The two bonds would total $15,000. You may want to increase the $15,000 amount, so as to provide a cushion for the interest which the HRA will be paying on the underlying swing loan. The performance bond would be released upon: (a) completion of all landscaping and (b) either completion of the buildings or recovery of the development incentive through tax increments received by the Authority. I suggest that each agreement should peg the amount of.the tax increments to be recovered at the full $15,000, because I believe that the entire $15,000 should be protected in t he event that only one of the buildings is actually erected. < �<2 cHANHAaserr, Donald W. Ashworth -2- 7/6/79 Assuming that you and the HRA find these contracts to be in order, the remaining legal work would consist of: a. preparing the necessary deeds for the closing on the option agreement and resale, b. updating the HRA minutes with formal resolutions reflecting past actions, C. serving copies of the formal resolutions on the State and County, d. holding the sale and resale closings, e. obtaining all necessary signatures on conditional use permits and security agreements, f. collecting the performance bonds called for in the conditional use permit, g. collecting the performance bonds called for in the HRA security agreements, and h. issuing the necessary building permits. Chapter 322 of Session Laws 1979 is an extensive revision of the existing tax increment laws. The new statute is extensive in scope and I have been unable to study it in depth. My preliminary review indicates that the steps "a" through "e" described above must be completed by 11:59 P.M. on July 31, 1979, in order to avoid the effect of the new law and in order to qualify for grandfather treat- ment under the old law. Very truly yours, CRAIG M. A/,lERTZ Assistant City Attorney CMP4 : mep Encls. HOUSING AND REDEVELOPMENT AUTHORITY OF CHANHASSEN / MINNESOTA HOLIDAY STATIONSTORE DEVELOPMENT SECURITY AGREEMENT WHEREAS, the City of Chanhassen, a Minnesota municipal corporation (hereinafter the City), has received from one Lawrence N. Zamor, an application to replat Lots 1 and 2 of Block 2 in Frontier Development Park, Carver. County, Minnesota, as Lots 1, 2 and 3, Block 1, Zamor Addition; and WHEREAS, the City has received a proposal from Holiday Stationstores, Inc. (hereinafter the Developer) to construct a combination automobile fuel station a nd retail convenience shopping facility (hereinafter the proposed development) upon Lot 1, Block 1, Zamor Addition (hereinafter the subject premises); and WHEREAS, the subject premises lie within the boundaries of the Chanhassen Downtown Redevelopment District established by the Authority pursuant to Resolution.No. 78-01 dated December 18, 1978; and WHEREAS, the Authority's Downtown Redevelopment Project Concept Plan calls for an aesthetically pleasing open space gateway to the downtown area; and WHEREAS, the subject premises form a part of said gateway area; and WHEREAS, the City and the Authority have advised the developer that the proposed development would be approved only if a significant portion of the subject premises were to be developed so as to have a park -like appearance; and WHEREAS, said condition has the effect of requiring the developer to expand the area of the above described development proposal to include additional land; and WHEREAS, the developer has advised the City and the Authority that such expansion of the development area would render the proposed development economically unfeasible; and WHEREAS, the Authority, pursuant to an option agreement dated May 9, 1979, has purchased a portion of the subject premises for a price of Nineteen thousand eight hundred dollars ($19,800.00) and has resold and reconveyed said portion of the subject premises to the developer's predecessor in title for a price of Four thousand eight hundred dollars ($4,800.00); and -1- WHEREAS, said reconveyance was subject to a restriction running in favor of the Authority and limiting use to open space pur- poses; and WHEREAS, the Fifteen thousand dollars ($15,000.00) difference between the said purchase price and said resale price constitutes a development incentive paid to the developer's predecessor in title and in effect paid to the developer and to the developer of Lot 2, Block 1, Zamor Addition; and WHEREAS, the Authority has found that the payment of said incentive will have the effect of spurring the development of other stagnant and unproductive land in the Downtown Redevelopment District by creating an aesthetically pleasing open space gateway to the District at minimum public expense; and WHEREAS, the developer, relying on the assurances of the Authority that said development incentive would be paid, has by a separate development contract with the City particularly described as "Holiday Stationstore Conditional Use Permit and Development Contract dated "(hereinafter the development contract); and has agreed to carry out the proposed development; and WHEREAS, §462.525 of Minnesota Statutes authorizes the Authority to require that the developer provide security guaranteeing fulfillment of its agreement with the Authority. NOW, THEREFORE, the Authority, in exercise of its powers pursuant to M.S. 9462.411 et. seq. and other applicable state laws, and the developer, in consideration of the foregoing premises, agree as follows: 1. City Development Contract Incorporated. The Development Contract is hereby referred to and adopted and made a part hereof as if fully set out in this agreement. The developer covenants with the Authority to faithfully comply with the terms of said Development Contract. Violation of and defaults in the terms of said Development Contract are deemed to be a breach of this agree- ment as if the terms and conditions of the Development Contract were fully set out in this Agreement with the Authority being substituted for the City. 2. • Performance Bond. For the purpose of a. assuring to the Authority that the improvements to be constructed, installed and furnished by the developer as set forth in §2 of the Development Contract will be so constructed, installed and furnished; and -2- d b. assuring to the Authority that the building described in §3 of the Development Contract is constructed; and c. assuring to the Authority that the developer will fully comply with all of the other terms and provisions of the Development Contract; developer agrees to furnish to the Authority either (a) a cash deposit, or (b) a corporate surety bond approved by the Authority and naming the Authority as obligee thereunder, or (c) a letter of credit approved by the Authority; all of which shall be conditioned upon performance by the developer of the developer's obligations hereunder. Said cash deposit or surety bond or letter of credit shall be in the amount of $ 3. Remedies Upon Default. a. Authority.May Complete Work. If the Authority finds that the proposed development is not being carried out or maintained in accordance with the terms and conditions of this agreement, or there is a failure to pursue the work with diligence or to complete the work on time, the Authority, at its discretion, may notify the developer in writing of noncompliance. Unless the developer complies with the terms of this agreement within twenty (20) days from the date of such notice, the Authority may, in its discretion, take over the work and may cause such work to be done, and the cost of such work shall be paid by the surety. The Authority may take possession of and utilize in completion of the work such materials, appliances and plants as may be on the subject premises and necessary for the work. b. Cash Deposit and Letter of Credit. In addition to the fore- going, the Authority may utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the Authority for the cost of completing any of the improvements described in §§ 2 and 3 of the Development Contract or for the cost of curing any default by the developer in the performance of the covenants and agree- ments contained herein. C. In addition to the foregoing, the Authority may institute any proper action or proceeding at law or at equity to prevent violation of this agreement or to abate violation of this agreement, or to prevent use and occupancy of the proposed building, or to recover the cost of curing any default by the developer in the performance of the covenants herein. -3- 4. Release of Performance Bond. The above described surety bond, cash deposit, or letter of credit, less any amounts retained as provided in §3 above, shall be released to the developer upon: a. completion and execution of the landscaping plan described in §8 of the Development Contract; and b. Either the completion of the other improvements described in §2 and the building described in §3 of the Development Contract, or in lieu of such completion, receipt by the Authority of tax increments, as that term is utilized in §462.585 of Minnesota Statutes, with respect to Lots 1 and 2, Block 1, Zamor Addition, equal 'to or exceeding the sum of $ 5. Severability. In the event any provisions of this agreement, including provisions incorporated by reference, shall b e held invalid, illegal, or un- enforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 6. Execution of Counterparts. This agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 7. Construction. This agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF CHANHASSEN HOLIDAY STATIONSTORES, INC. BY By MAYOR ATTEST: ty Manager Its And Its STATE OF MINNESOTA ss. COUNTY OF CARVER On this day of , 1979, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the City of Chanhassen named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corpora- tion by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ss. COUNTY OF Notary Public On this day of , 1979, before me, a notary public within and for said county, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are respectively the and the of Holiday Stationstores, Inc., the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public -5- 1 RUSSELL H. LAR50N CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Bob Waibel City of Chanhassen Box 147 Chanhassen, Mid 55317 Dear Bob: I.ARSON SC MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 July 5, 1979 TELEPHONE (612) 335-9S65 Re: Holiday/Happy Chef Development Chanhassen Enclosed you will find my revised conditionaluse permit for the Happy Chef development and my revised conditional use permit for the Holiday Stationstore. These revisions were made after dis- cussions with your office, with the City Manager, and with Mr. Lee, attorney for Mr. Zamor. The principal difference is that the obligations of the developers have been separated into a separate contract for each development. For your convenience, I have enclosed two memoranda which detail the substantive changes which have been incorporated into the proposed permits. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen- City Attorney CMM:mep Encl. cc: Holiday Stationstores, Attn: Jerome Jerisen Happy Chef Systems, _Inc., Attn: Robert Frederick John Lee, Attorney Richard Rice, 500 So. Front St., Mankato, MN 7 JUL1979 'ARo Vn.LAGE OF c , "AwASSEN, > MiN N. �Z MEMO FROM: CRAIG MERTZ TO: BOB WAIBEL SUBJECT: Revisions incorporated in 7/5/79 revision of Holiday Stationstores Conditional Use Permit. §1.04 New section intended to reflect the fact that Holiday will acquire title prior to construction. §1.06 New. Intended for clarification. §2 Adds item (f). §3.02 Standards of construction. Corrects erroneous cross- reference and substitutes "City Staff" for "City Engineer." 56 At time of signing of permit, an overstrike must be made so as to indicate which body gives final approval of grading plan. City Council minutes reflect that City Council reserves final grading approval. Mr. Lee informs me that his client will petition for a delegation of the final review authority to City Staff. §9 Adds provision for mailing of City invoice to developer and clarifies that developer's obligation to reimburse City expenses does not terminate upon completion of construction. §10 Clarifies events which must occur prior to release of surety bond/cash deposit/letter of credit. §12 Requires indoor trash storage. §21 Clarifies that obligation to maintain insurance does not terminate upon completion of building. §25 Clarifies that revocation of permit would not terminate the developer's reimbursement obligations for City expenses. §26 When read in conjunction with §1.07, clarifies obligation of developer to maintain green space. MEMO FROM: TO: CRAIG MERTZ BOB WAIBEL SUBJECT: Revisions incorporated in 7/5/79 revision of Happy` f Conditional Use Permit. §1.05 New. Intended for clarification. § 2 Adds item ( f) . §3.02 Corrects erroneous cross-reference and substitutes "City Staff" for "City Engineer." §6 At time of signing of permit, overstrike must be made. City Council minutes reflect that final grading approval was reserved by City Council. Mr. Lee informed me that Mr. Zamor will be petitioning for a delegation of that authority to City Staff. §9 Provides for submission of City invoice for reimbursement of costs, clarifying that developer's obligation to reimburse City does not terminate upon completion of building. §10 Clarifies conditions under which surety bond/cash deposit/ letter of credit may be released. §21 Clarifies that liability insurance must be kept in force throughout the duration of the conditional use, rather than terminating upon completion of building. .§25- Clarifies that revocation of permit does not terminate developer's reimbursement obligations for City expenses. §26 New. Sets forth developer's maintenance obligations as to green space. Rev. 7/ 5/79 CMM CITY OF CHANHASSEN CARVER AND HENNEPIN COUN`i'IES, MINNESOTA "HAPPY CHEF RESTAURANT" CONDITIONAL USE PERMIT AND DEVELOPMENT CONTRACT THIS AGREEMENT, Made and entered into this day of 1979, by and between the City of Chanhassen (herein- after the City), a Minnesota municipal corporation, Lawrence N. Zamor (hereinafter Zamor), Phyllis D. Zamor (hereinafter Mrs. Zamor), and Happy Chef Systems, Inc. (hereinafter Happy Chef). Zamor, Mrs. Zamor, Happy Chef, and Holiday are hereinafter referred to collectively as the Developer. WITNESSETH, That the City in the exercise of its powers pursuant to M.S. §462.358 and other applicable state laws, and the Developer, in consideration of the mutual covenants herein contained, recite and agree as follows: Section 1. Recitals. 1.01. Development Application and Proposed Uses. Application has been made by the Developer for approval of -a development consisting of the construction of a restaurant facility upon a portion of a tract of land within the City which is more particularly described as: Lots 1 and 2, Block 2, Frontier Development Park, Carver County, Minnesota, which tract the Developer proposes to replat as Lots 1,2, and 3 in Block 1, Zamor Addition, Carver County, Minnesota. Said restaurant facility is to be constructed upon Lot 2, Block 1, Zamor Addition (hereinafter the Subject Premises.) 1.02. Zoning. The Subject Premises are zoned C.B.D., Central Business District. The.Chanhassen Zoning Ordinance requires the issuance of a conditional use permit prior.to the initiation of the proposed uses within the Central Business District. 1.03. Ownership Interests. The ownership interests in the subject premises are as follows: Lawrence N. Zamor, as fee owner of Lot 2, Block 1, Zamor Addition. Phyllis D. Zamor as spouse of fee owner. Happy Chef, as long term lessee of Lot 2, Block 1, Zamor Addition. -1- Rev. 7/5/7 9 CMM 1.04: Preliminary Development Plan Approval. The City Planning Commission duly held a public hearing on May 2, 1979 to consider re- zoning of the Subject Premises from C-3, Commercial Service District, to C.B.D., Central Business District, and to consider the replatting and subdivision of the Subject Premises, and to consider the issuance of a conditional use permit to allow the conduct of the uses described in §1.01 above on Lot 2, Block 1, Zamor Addition. No development proposal has been submitted to the City for Lot.3, Block 1, Zamor Addition. Thereafter, on May 14, 1979, the City Council granted approval -of the rezoning of the Subject Premises to C.B.D. and granted preliminary plat approval and granted preliminary development plan approval and granted conditional use permit approval, subject to and on condition that the Developer enter into this permit and agreement, and on the further condition that the Developer's final grading and drainage plan be approved by the Riley -Purgatory Creek Watershed Board of Managers. 1.05. Conditional Use Permit. The Developer is hereby granted a conditional use permit to construct and operate a restaurant facility upon Lot 2, Block 1, Zamor Addition, Carver County, Minnesota, subject to the terms and conditions of this development contract and conditional use permit. 1.06. HRA Development Incentives. The Subject Premises are located within the boundaries of a development district and a tax increment district previously established by the Housing & Redevelopment Authority of Chanhassen, Minnesota (hereinafter The Authority). The Authority, by previous actions, has identified the subject premises as being available for commercial development only if such development would contain provision for the maintenance of a landscaped buffer zone between the Highway #5/Highway #101 right of way and actual commercial site improvements. The Authority has agreed to make certain cash incen- tives, as more particularly set forth by a separate contract between the Developer and the Authority, available to the Developer on condition that the non -blacktop areas depicted on the exhibits described in §3 below be extensively landscaped and be maintained by the Developer for the duration of the within conditional use permit. Section 2. Improvements by Developer. Developer agrees at his expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the site plan described in §3 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot Areas and access driveways, C. storm and surface water drainage, d. boulevard sodding or seeding, either of which shall be of uniformly good quality, e. grounds lighting, and f. landscaping as described in 58 below. -2- W=V. //J/ /7 %-LIWI Section 3. Scope of Development Governed by Exhibits and Construction Standards. 3.01. Exterior dimensions, architectural design, decorating scheme, placement of structures on the Subject Premises shall be in conformance with the Developer's Plot Plan and architectural elevation drawings which were entered into the City's records as "Planning Commission Meeting of May 2, 1979, Exhibit copies of which are on file in the office of the City Zoning Administrator, but with the following modifications: . a. The location of the line dividing Lots 1 and 2, Block 1, Zamor Addition, shall be governed by the division line shown on the preliminary plat dated June 8, 1979, a copy of which is on file with the City Zoning Administrator, rather than by the division line depicted in the above described Plot Plan. b. The parking stalls depicted on said.plot plan as lying northerly of the restaurant building and lying in the center of the blacktop area shall be limited to parking for automobiles and shall be so designated with appropriate markers to be placed by the Developer. c. The theme of planting plan depicted on the above described Plot plan shall be continued throughout the eight foot margin strip separating the blacktop area from the westerly line of Lot 2, Block 1, Zamor Addition. The Developer shall incorporate this modification into his Landscape Plan described in §8 below. 3.02. Standards of Construction. The Developer agrees that all of the improvements described in §2 above shall equal or exceed City standards, shall be constructed and installed in accordance with engi- neering plans and specifications approved by the City Staff, and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City Staff. Section 4. Materials and Labor. All of the materials to be employed in the making of the improvements described in §2 above and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be sub- ject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or un- suitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developer. M--C Rev. 7/5/79 CMM Section 5. Schedule of Work. The Developer further agrees that he shall commence work hereunder on or before , 19_ , and shall have all work fully completed to the satisfaction and approval of the City on or before the dates set forth in §17 below. The Developer shall submit a written schedule indicating the proposed progress schedule and order of comple- tion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. Section 6. Grading Plan and Lighting Plan. No permit for grading shall be issued and the Developer shall perform no grading of the subject premises until the Developer's final grading plan has been reviewed by (City Council)(City Staff)[strike one] for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within.permit and contract. Said .final grading plan shall include existing contours, proposed grading elevations, drainage configurations, storm water drainage configurations spot elevations, proposed access driveway road profiles, and location and candlepower of all illuminaries. Section 7. Sign Plan. No exterior signs shall be erected on Lot 2, the Subjept Premises, excep, for the attachment of four wall signs, each sign consisting of the words "Happy" and "Chef" in letters not in excess of thirty (30) inches high and the word "Restaurant" in lettering not in excess of eighteen (18) inches high. One of such wall signs may be erected on each one of the four exterior facings of the tower depicted on the plans described in §3 above. Section 8. Landscape Plan. The Developer agrees to prepare and submit to City Staff a final landscape plan which shall include location, type and diameters of proposed plantings, and description of and locations of all screening devices. No landscaping permit shall be issued and the Developer shall perform no landscaping, until after said landscape plan has been re- viewed by City Staff for purposes of verifying that said landscape plan is in conformity with all of the provisions of the within permit and with the preliminary landscape plan presented to the City Council on May 14, 1979 and entered into the City's records as , a copy of which is on file with the City Zoning Administrator. Said landscape plan shall include boulevard trees and shall provide for a continuation of the planting theme of said pre- liminary landscape plan throughout the non -blacktop area separating the restaurant building from Lot 1, Block 1, Zamor Addition- -4- Rev. 7/5/79 CMM Section 9. Reimbursement of Costs. Within fourteen (14) days of submission by the City of its notice of costs, the Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the administration and enforcement of the within permit, and the perfor- mances thereof by the Developer. The Developer's obligation to reimburs the City for said enforcement expenses shall be a continuing obligation throughout the durationof the within conditional use permit. Section 10. Performance Bond. For the purpose of assuring to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in §2 hereof shall be constructed, installed and furnished according to the terms of this agreement, and .that the Developr shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, and that the Developer shall fully comply with all of the other terms and provisions of this permit and contract, Developer agrees to furnish to the City either a cash deposit or a corporate surety bond approved by the City and naming the City as oblige thereunder, or a letter of credit approved by the City, all of which shall be conditioned upon performance by the Developer of the Developer' obligations hereunder and which shall be in the amount of $ Said surety bond, cash deposit, or letter of credit shall be released to the Developer upon completion of the improvements described in §2 above, provided that no default of the Developer exists as to any other condition or term of this contract and permit. Section 11. Public Welfare. The establishment, maintenance and operation of the uses contemplated herein shall not be detrimental to, nor endanger the public health, safety, comfort or general welfare. Section 12. Screening. All trash areas, mechanical equipment, compressors, and air conditioning equipment, including roof top equipment, shall be screened from view from West 79th Street, State Highway #101, and State Highway #5., Section 13. Nuisance. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause objectionable noise. The proposed use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values in the immediate vicinity. Section 14. Other Regulations. The Developer shall comply with all City ordinances, state laws, and regulations of state agencies and departments. -5- Rev. 7/5/79 CMM Section 15. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that the Developer holds marketable title to the subject premises. Section 16. Erosion Control. The Developer, at Developer's expense, shall provide temporary dams, earthworks, or such other devices and practices; including the seeding or sodding of graded areas, as shall be needed, in the judgment of the City Engineer, to prevent the washing, flooding, sedimentation or erosion of lands and roads within and outside the subject premises during all phases of construction. Developer shall keep all streets free of all dirt and debris resulting from construction by the Developer or his agents upon the subject premises. Section 17. Construction Completion Dates. a. The Developer agrees to implement and complete execution of his aforementioned grading and lighting plans, to the satisfaction and approval of the City, on or before , 19 , or such later date as may be specified in writing by the City Zoning Administrator. b. The Developer shall have all work described in 52 above fully completed to the satisfaction and approval of the City on or before , 19 , or such later date as may be specified in writing by the City Zoning Administrator. C. The Developer agrees to complete construction of the restaurant building depicted on the plans described above no later than , 19 , or such later date as may be specified in writing by the City Zoning Administrator. Section 18. Special Assessments and Taxes. No permit for grading or building shall be issued until the Developer has paid in full all outstanding special assessments which have been levied on the subject property heretofore and all unpaid real estate taxes payable therewith. Section 19. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of any work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements and expenses of defending the _same. Rev. 7/5/79 CMM Section 20. Written Work Orders. The Developer shall do no work nor furnish materials for which reim- bursement is expected from the City unless a written order for such work or materials is received from the City Manager. Any such work or materials which may be done or furnished by the Developer without such written order first being given shallbe at his own risk, cost and expense, and Developer hereby agrees that without such written order, Developer will make no claim for compensation for work or materials so done or furnished. Section 21. Liability Insurance. The Developer shall take out and maintain throu4hout the duration of the within conditional use permit, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Section 22. Approval of Covenants Required. Any proposed covenants and restrictions to be placed upon the subject premises in said plat shall be approved by the City Attorney prior to recording with the County Recorder or Registrar of Titles. Section 23. Remedies Upon Default. a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the required improvements described in §2 above to be constructed and installed, or may take action to cure any other default, and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the -Developer agrees to pay the entire amount.of the assessment roll pertaining to any such improvement within thirty (30) days after it! adoption. Developer further agrees that in the event of his failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on the subject premises for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's lien under the laws of the State of Minnesota. In the event of an emergency. - as determined by the City Engineers, the notice requirements to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City i remedying the conditions creating the emergency. -7- Rev. 7/ 5/79 CMM b. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Developer and the corporate surety on his performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for -the cost of making any of said improvements, or for the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within conditional use permit, to restrain or abate violations of the within conditional use permit, or to prevent use or occupancy of the proposed buildings. Section 24. No Changes in Use Permitted. The use of the subject premises shall be limited to restaurant uses. No uses are authorized by this permit in the case of Lots 1 and 3, Block 1, Zamor Addition. No changes from the uses authorized by this section shall occur except by an amended conditional use permit or by a rezoning of the premises. Section 25. ' Permit Subject to Review. The City reserves the right to review the within conditional use permit at any time to determine compliance with all of the conditions of the permit; and if the City determines that the Developer has not strictly complied with the terms of the permit, the permit may be terminated at the option of the City. Any such termination shall neither have the effect of terminating the Developer's reimbursement obligations a's set forth in §9 above, nor the effect of limiting the City's remedies upon default as set forth in §23 above. Section 26. Continuing Obligation to Maintain Green Space. It shall be the obligation of the Developer.to maintain all non-blacktor areas depicted on the exhibits described in §3 above. Said obligation shall continue throughout the duration of this permit. Said obligation shall not extend to Lots 1 and 3, Block 1, Zamor Addition. Said obligation shall include the duty to replace all damaged or dead plant materials within twelve (12) months with substantially equivalent plant material approved by City Staff. Section 27. Outside Storage Prohibited. With the exception of trash facilities and with the exception of motor vehicle parking, no equipment or other personal property shall be stored or displayed outside of the restaurant building on the subject premises. Said trash facilities shall be screened from view from West 79th Street, State Highway #101, and State Highway #5. rKev. . // 5/ / 9 CMM Section 28. Parking Lot Configuration. Off-street individual parking stalls shall be clearly delineated with painted stripes or other appropriate markings. Section 29. Permit Not Assignable. This permit is personal to the Developer, and shall not be assigned without the written consent of the City Manager. Section 30. Notices. All notices, certificates, and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certi- fied mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer, by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this agreement. Unless other- wise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: To the Developer: a. Zamor and Mrs. Zamor: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager Lawrence N. Zamor 6509 Walker Street Minneapolis, MN 55343 b. Happy Chef: 500 South Front Street Mankato, MN 56001 Section 31. Binding Effect. This agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective successors and assigns. Nothing in this agreement, express or implied, shall give to any person, other than the parties hereto, and their respective successors and assigns hereunder, any benefit or other legal or equitable right, remedy or claim under this agreement. Section 32. Severability. In the event any provisions of this agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. Q� ice:v. / / D / /y lrgIV1 Section 33. Execution of Counterparts. This permit and agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. Section 34. Construction. This agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF CHANHASSEN Mayor ATTEST: City Manager STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Lawrence N. Zamor Phyllis D. Zamor HAPPY CHEF SYSTEMS, INC. 0 And ---I-ts - -- 1Lb On this day of 1979, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the City of Chanhassen named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notary Public -10- izev. //5/ /g CMM "3.01. Exhibits. The exterior dimensions, architectural design, decorating scheme and placement of structures on the Subject Premises shall be in conformance with the Developer's Preliminary Plan dated April 11, 1979, Site Electrical Plan dated March 13, 1979, and "Site Details" Plan dated March 31, 1978, all of which were entered into the City's records as "Planning Commission Meeting of May 2, 1979, Exhibit and copies of which are on file with the City Zoning Administrator, but with the following modification: A five foot high mansard constructed of brown aluminum shall be erected on all four sides of the station building. 3.02. Standards of Construction. The Developer agrees that all of the improvements described in §2 above shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Staff, and that all of said work shall be subject to the supervision of the City Staff. Section 4. Materials and Labor. All of the materials to be employed in the making of the improvements described in §2.above and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developer. Section 5. Schedule of Work. The Developer further agrees that he shall commence work hereunder on or before , 19_ , and shall have all work fully completed to the satisfaction and approval of the City on or before the dates set forth in 517 below. The Developer shall submit a written schedule indicating the proposed progress schedule and order of com- pletion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. Section 6. Gradincl Plan and Liqhtinq Plan. No permit for grading shall be issued and the Developer shall perform no grading of the subject premises until the Developer's final grading plan has been reviewed by (City Council) (City Staff) [strike one] for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within permit and contract. Said final grading plan shall include existing contours, proposed grading elevations, drainage configurations, storm water drainage configurations spot elevations, proposed access driveway road profiles, and location and candlepower of all illuminaries. -3- 1.04•. Developer to Acquire Title. No permit for grading or buildinc shall be issued i�.il Developer has acquirec'''�*Nee title to Lot 1, Block 'Zamor Addition ana has submitted proof of suua acquisition to City Stafi 1.05. Preliminary Development Plan Approval. The City Planning Com- mission duly held a public hearing on May 2, 1979 to consider rezoning c the Subject Premises from C-3, Commercial Service District, to C.B.D., Central Business District, and to consider the replatting of th` subject premises, and to consider the issuance of a conditional use permit to allow the conduct of the uses described in §1.01 above on Lot .l, Block 1 Zamor Addition. No development proposal for Lot 3, Block 1, Zamor Addition has been submitted to the City. Thereafter, on May 14, 1979, the City Council granted approval of the rezoning of the Subject Premises to C.B.D. and granted preliminary plat approval and granted preliminary development plan approval and granted conditional use permit approval, subject to and on condition that the Developer enter into this permit and agreement, and on the further con- dition that the Developer's final grading and drainage plan be approved by the Riley -Purgatory Creek Watershed Board of Managers. 1.06. Conditional Use Permit. The Developer is hereby granted a conditional use permit to construct and operate a combination automobile fuel station and retail convenience shopping facility upon Lot 1, Block 1, Zamor Addition, Carver County, Minnesota, subject to the terms and conditions of this development contract and conditional use permit. 1.07. HRA Development Inducements. The subject premises is located within the boundaries of a development district and a tax increment dis- trict previously established by the Housing & Redevelopment Authority of Chanhassen, Minnesota (hereinafter The Authority). The Authority, by previous actions, has identified the subject premises as being available for commercial development only if such development would contain pro- vision for the maintenance of a landscaped buffer zone between the Highw� #5/Highway #101 right of way and actual commercial site improvements. The Authority has agreed to make certain cash incentives, as more parti- cularly set forth by a separate contract between the Developer and the Authority, available to the Developer on condition that the non -blacktop areas depicted on the exhibits described in 53 below be extensively land- scaped and be maintained by the Developer for the duration of the within conditional use permit. Section 2. Improvements by Developer. Developer agrees at his expense to construct, install and perform all work and furnish all materials and equipment in connection with the in- stallation of the following improvements in accordance with the site plan described in §3 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot areas and access driveways, C. storm and surface water drainage, d. boulevard sodding or seeding, either of which shall be of uniformly good quality, e. grounds lighting, and f. landscaping as described in 58 below. Section 3. Scope of Development Governed by Exhibits and Construction Standards. -2- t` A CITY OF CI1ANIIASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA "HOLIDAY STATIONSTORE" CONDITIONAL USE PERMIT AND DEVELOPMENT CONTRACT THIS AGREEMENT, Made and entered into this day of , 1979, by and between the City of Chanhassen (herein- after the City), a Minnesota municipal corporation, and Holiday Stationstores, Inc. (hereinafter the Developer). WITNESSETH, That the City in the exercise of its powers pursuant to M.S. §462.358 and other applicable state laws, and the Developer, in consideration of the mutual covenants herein contained, recite and agree as follows: Section 1. Recitals. 1.01. Development Application and Proposed Uses. Application has been made by the Developer for approval of a development consisting of the construction of a combination automobile fuel station and retail convenience shopping facility upon a portion of a tract of land within the City which is more particularly described as: Lots 1 and 2, Block 2, Frontier Development Park, Carver County, Minnesota, which tract Lawrence N. Zamor and the Developer propose to replat as Lots 1,2, and 3 in Block 1, Zamor Addition, Carver County, Minnesota. Said combination automobile fuel station and retail convenience shopping facility is to be constructed upon Lot l,' Block 11 Zamor Addition (hereinafter the Subject Premises). 1.02. Zoning. The subject premises are zoned C.B.D, Central Business District. The Chanhassen Zoning Ordinance requires the issuance of a conditional use permit prior to the initiation of the proposed uses within the Central Business District. 1.03. Ownership Interests. The ownership interests in the subject premises are as follows: Lawrence N. Zamor, as fee owner and purchase agreement vendor of Lot 1, Block 1, Zamor Addition. Phyllis D. Zamor as spouse of fee owner and purchase agree- ment vendor. Holiday, as purchase agreement vendee of Lot 1, Block 1, Zamor Addition. -1- STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 1979, before me, a notary public within and for said County, personally appeared Lawrence N. Zamor and Phyllis D. Zamor, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 1979, before me, a notary public within and for said county, personally appeared and to me personally known_, who, being each by me duly sworn, did say that they are respectively the and the of Happy Chef Systems, Inc., named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public -11- Rev. 7/ 5/79 CMM Section 7. Sign Plan. No exterior signs shall be erected on the Subject Premises except the following: a. One sign consisting of the single word "Holiday" in lettering not exceeding four feet in height, to be mounted on the southerly mansard of the station building; and b. One sign consisting of the single word "Holiday" in lettering not exceeding four feet in height and to be mounted on the northerly mansard of the station building; and C. One free standing sign bearing the corporate symbol of Holiday lighted internally and supported on a brown colored single metal pole not exceeding 25 feet in height. A fuel price placard with two facings may be also attached to said pole. No spot floodlights may be erected for the purpose of illuminating said fuel price placard. The total of the surface area of each facing of said fuel price placard and the surface area of each facing of said corporate symbol sign may not exceed eighty (80) square feet; and the total surface area of the two corporate symbol facings and two fuel price placard facings may not exceed one hundred sixty (160) square feet. Said sign must be located within the twelve (12) foot by twenty-five (25) foot zone indicated on Planning Commission May 2, 1979 Exhibit as "Trademark Sign." Section 8. Landscape Plan_ The Developer agrees to prepare and submit to City Staff a final landscape plan which shall include location, type and diameters of proposed plantings, and description of and locations of all screening devices. No landscaping permit shall be issued and the Developer shall perform no landscaping, until after said landscape plan has been re- viewed by City Staff for purposes of verifying that said landscape plan is in conformity with all of -the provisions of the within permit and with the preliminary landscape plan presented to the City Council on May 14, 1979 and entered into the City's records as , a copy of which is on file with the City Zoning Administrator. Said landscape plan shall include boulevard trees and shall provide for a continuation of the planting theme of said preliminary landscape plan throughout the non -blacktop area separating.the station building from Lot 2, Block 1, Zamor Addition. Section 9. Reimbursement of Costs. Within fourteen (14) days of submission by the City of its notice of costs, the Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the administration and enforcement of the within permit, and the performance. thereof by the Developer. The Developer's obligation to reimburse the City for said enforcement expenses shall be a continuing obligation throughout the duration of the within conditional use permit. -4- Rev. "1/5/79 CM] Section 10. Performance Bond. For the purpose of assuring to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in §2 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, and that the Developer shall fully comply with all of the other terms and provisions of this permit and contract, Developer agrees to furnish to the City either a cash deposit or a corporate surety bond approved by the City and naming the City as obligee thereunder, or a letter of credit approved by the City, all of which shall be conditioned upon performance by the Developer of the Developer's obligatons hereunder andwhich shall be in the amount of Said surety bond, cash deposit, or letter of credit shall be released to the Developer upon completion of the improvements described in 52 above, provided that no default of the Developer exists as to any other condition or term of this contract and permit. Section 11. Public Welfare. The establishment, maintenance and.operation of the uses contemplated herein shall not be detrimental to, nor endanger the public health, safety, comfort or.general welfare. Section 12. Screening and Trash Storage. All mechanical equipment, compressors, and air conditioning equipment, including roof top equipment, shall be screened from view from West 79th Street, State Highway #101, and State Highway #5. All trash storage facilities shall be located within the station building,. Section 13. Nuisance. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause objectionable noise. The proposed use shall not be injurious,to the use and enjoyment of other property, nor diminish nor impair property values in the immediate vicinity. Section 14. Other Regulations. The Developer shall comply with all City Ordinances, state laws, and regulations of state agencies acid departments. Section 15. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that the Developer holds marketable title to the subject property. 9611 Section 16. Erosion Control. The Developer, at Developer's expense, shall provide temporary dams, earthworks, or such other devices and practices, including the seeding or sodding of graded areas, as shall be needed, in the judgment of the City Engineer, to prevent the washing, flooding, sedimentation or erosion of lands and roads within and outside the subject premises during all phases of construction. Developer shall keep all streets free of all dirt and debris resulting from construction by the Develope or its agents upon the subject premises. Section 17. Construction Completion Dates. a. The Developer agrees to implement and complete execution of his aforementioned grading and lighting plans, to the satisfaction and approval of the City, on or before 19 , or such later date as may be specified in writing by the City Zoning Administrator. b. The Developer shall have all work described in 52 above fully completed to the satisfaction and approval of the City on or before , 19 , or such later date as may be specified in writing by the City Zoning Administrator. C. The Developer agrees to complete construction of the automobi] fuel station/retail convenience shopping building depicted on the plans described above no later than 1 19 or such later date as may be specified in writing by the City Zoning Administrator. Section 18. Special Assessments and Taxes. No permit for grading or building shall be issued until the Developer has paid in full all outstanding special assessments which have been levied on the subject property heretofore and all unpaid real estate taxes payable therewith. Section 19. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind,or character arising out of or by reason of the execution of this agreement or the performance and completion of any work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions, or causes of action arising therefrom and the costs, disbursements and expenses of defending the same. W:� Kev. i/5/ l9 C:MM Wil Section 20. Written Work Orders. The Developer shall do no work nor furnish materials for which reimbursement is expected from the City unless a written order for such work or materials is received from the City Manager. Any such work or materials which may be done or furnished by the Developer without such written order first being given shall be at his own risk, cost and expense, and Developer hereby agrees that without such written order, Developer will make no claim for compensation for work or materials so done or furnished. Section 21. Liability Insurance. The Developer shall take out and maintain throughout the duration of the within conditional use permit, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less the $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Section 22. ?approval of Covenants Required. Any proposed covenants and restrictions to be placed upon the subject premises in said plat shall be approved by the City Attorney prior to recording with the County Recorder or Registrar of Titles. Section 23. Remedies upon Default. a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the required improvements described in §2 above to be constructed and installed, or may take action to cure any other default, and may cause.the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the Developer agrees to pay the entire amount of the assessment roll per taining to any such improvement within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed, the City shall have a specific lien 'on the Subject Premises for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as deter- mined by the City Engineers, the notice requirements to the Developer shall be and hereby are waived in their entirety, and the Developer shal_ reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. -7- �.� . / -/ i VP119 b. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Developer and the corporate surety on its performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements, or for the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. c. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within conditional use permit, to restrain or abate violations of the within conditional use permit, or to prevent use or occupancy of the proposed buildings. Section 24. No Changes in Use Permitted. The use of the Subject Premises ,shall be limited to 'automobile fuel station uses/ retail convenience shopping uses. No uses are authorized by this permit in the case of Lots 2 and 3, Block 1, Zamor Addition. The permit does not authorize the conduct of any motor vehicle repair business upon the subject prmeises. No changes from the uses authorizes by this section shall occur except by an amended conditional use permit or by a rezoning of the premises. Section 25. Permit Subject to Review. The City reserves the right to review the within conditional use permit at any time to determine compliance with all of the conditions of the permit; and if the City determines that the Developer has not strictly complied with the terms of the permit, the permit may be terminated at the option of the City. Any such termination shall neither have the effect of terminating the Developer's reimbursement obligations as set forth in §9 above, nor the effect of limiting the City's remedies upon default as set forth in §23 above. Section 26. Continuing Obligation to Maintain Green Space. It shall be the obligation of the Developer to maintain all non-blacktor areas depicted on the exhibits described in §3 above. Said obligation shall continue throughout the duration of this permit. Said obligation shall not extent to Lots 2 and 3, Block 1, Zamor Addition. Said obliga- tion shall include the duty to replace all damaged or dead plant materia within twelve months with substantially equivalent plant materials approved by City Staff. Section 27. Outside Storage Limited. No equipment or other personal property or trash shall be stored or displayed outside of the station building on the subject premises except the following, which shall be permitted: a. Motor vehicle fuels stored in underground storage tanks; and b. Customer motor vehicles and employee motor vehicles; and U. Rev. 7/5/7 9 CMM Merchandise offered for retail sale during "open for business"hours, provided that said merchandise is either: 1. removed to the interior of the station building or 2. locked within the pump island storage lockers during "closed for business" hours. Section 28. Parking Lot Configuration. Off-street individual parking stalls shall be clearly delineated with painted stripes or other appropriate markings. Section 29. Permit Not Assignable. This permit is personal to the Developer, and shall not be assigned without the written consent of the City Manager. Section 30. Notices. All notices, certificates, and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certi- fied mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer, by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: To the Developer: Section 31. Binding Effect. City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager Holiday Stationstores, Inc. 4567 West 80th Street Bloomington, MN 55437 Attn: Operations This agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective successors and assigns. Nothing in this agreement, express or implied, shall give to any person, other than the parties hereto, and their respective successors and assigns hereunder, any benefit or other legal or equitable right, remedy or claim under this agreement. Section 32. W Severability. Rev. 7/5/79 Cmm In the event any provision of this agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. Section 33. Execution of Counterparts. This permit and agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. Section 34. Construction. This agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF CHANHASSEN By MAYOR ATTEST: City Manager STATE OF MINNESOTA ) ss . COUNTY OF CARVER ) HOLIDAY STATIONSTORES, INC. By Its And Its On this 'day of , 1979, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the City of Chanhassen named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, ardsaid Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notary Public -10- ttev. // 5/ /y l STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 1979, before me, a notar, public within and for said county, personally appeared and ,'to me personally known, who, being each by me duly sworn, did say that they are respectively the and the of Holiday Stations tores, Inc., named in the foregoing instrument, and that the seal affixed to said instrumeni is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public -11- CITY OF 02AXHAS§9K 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Engineer, Ray Jackson FROM: Assistant Manager/Planner, Bob Waibel DATE: July 16, 1979 SUBJ: Street Lighting - West 79th Street As a part of City Council consideration of the Holiday/Happy Chef proposal, it was noted that street.lighting for West 79th Street should be considered from a large r�perspective than solely the two developments under consideration. This is especially true in light of recent approvals for Frontier Dodge and pending development requests for the Molnau property. This office also believes that this type of philosophy has definite advantages from a planning perspective. In light of City Council action, would you please respond to the following: 1). Your recommendation for lighting standards, intensity of lighting, and.:'types of light standards given the zoning and potential land uses which will occur in this area; 2). Means of -completion, i.e. necessity of letting a construction contrast_, requesting.:NSP.to make such installation, etc.; 3) . Estimated 'costs of the entire project as,,.we1l= as cost per lot '(total costs .divided by total lots. benefitted) . 4). Any statements or policy guidelines- ,which you believe would insure that the characteristic of lighting for city boulevards was maintained, i.e. statements or policy considerations for reviewing private development plans to insure that such does not interfere or overldp public lighting, etc. Your response to the above questions will be needed as soon as possible to insure that the city can provide Holiday/Happy Chef with statements as to whether or not their lighting plan is acceptable and/or will require modification. It would be the hopes of this office that, although the above questions could be seen in the form of a feasibility study, that your office will not be required to spend significant amounts of time in completing such. If you have any questions, please feel free to co tac e. 7610 LA REDO DRIVE0P.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: June 11, 1979 TO: Planning Commission and Staff FROM: Ass't. City Manager/Planner, Bob Waibel SUBJ: Cannonball Kitchen, Site Plan Review APPLICANT: B. C. "Jim" Burdick PLANNING CASE: P-628 Petition The applicant is proposing to construct a restaurant facility on approximately 1.6 acres of land located at the intersection of Co. Rd. 17 (Powers Blvd.) and State Highway 5 (Arboretum Blvd.). Background 1. Community Location:, As shown in enclosure 1, the subject property is located in the northeast quadrant of the intersection of Powers Blvd. and Arboretum Blvd. 2. Existing Zoning: Subject property and its environs are presently zoned R-lA, Agricultural Residence District. 3. Utilities: The extension of municipal water is'presently being made under project 78-3. Sanitary sewer is presently unavailable to the subject property. 4. Comprehensive Plan Proposal: a. Land Use: Pursuant to the adopted City Comprehensive Guide. Plan, the subject property and its environs are to be potentially involved in a grade separated interchange or general commercial properties. b. Transportation:, Pursuant to the. adopted City Comprehens Ve. Transportation and Thoroughfares Plan, Powers -Blvd. is to function. as a major collector and Arboretum Blvd:. to function as an expressway. 5. HRA Concept Plan Proposal: HRA Concept Plan of 4/12/78 indicates the subject property to be openspace. Planning Report -2- June 11, 1979 Comments Pursuant to Section 3 of Ordinance 45, no building permits shall. be issued for commercial/industrial/multiple residential development unless the total development site is served by the city's sanitary sewer system. In light of this, the applicant should be advised that he must demonstrate how the subject property will be serviced by sanitary sewer and how said service will be funded, before any further consideration of the plan. Applicant should also be advised that rezoning of the property will be required and also HRA evaluation with regard to the tax increment district plan. Recommendation I recommend that the Planning Commission advise the applicant to carryout a sewer service plan, including the financial arrangements for such sewer, before further consideration of plans for the subject property. 1 OF � •. ' • • — 1 Lake Ann •F :. Lake ���__. 1.- — _ PK • • •. • • PKOF RAI SU �S��-o '�•• � ►• �• Mai . .a _ • a■ C �— A E7 M VAH OF B . t •F_ RB•RB • .PL� O OF OF •F N� 6W%XX%IF •F OF _ • AK •' Lake Susan �+• / �_ Rice Marsh �� Lake • OF .a,; OF OF OF •F d �yT OF OF OF ku 34 • oaj7 nn I C3 0-334 •F •F LYMAN rpLI,BOULEVARD • • .l� • • ' / •F" OF tr f OF � { [ PK j Lake I a - _ • •p Riley ' p OF 1 OF OF at PIONEER TRAIL OF 3 H ' a �'%,.� +`$�i'. • o- .�'rs� y :.Y'ti-_ r: ' 0` �y'fM�arW Vi= Y.'S _ aywlwFTY1Y?SI��+- _ _ yI• M C ••6 . -. a Y . t • - �P^*' �v' i. � ' � �`� - � •` Y$ - si g..� CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: June 25, 1979 TO: Planning Commission and Staff FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Cannon Ball Kitchen Site Plan Review APPLICANT: B.C. Burdick PLANNING CASE: P-628 As you remember, this item was previously scheduled to be reviewed June 13, 1979, however, the item had to be tabled due to lack of a quorum. Since the report of June 11, 1979, Mr. Burdick has submitted his response to the concerns brought forth in the planning report, and is attached hereto. Also attached is a memorandum to myself from City Manager, Don Ashworth outlining his considerations regarding sewer to the subject property. I whole-heartedly concur that any further review of this proposal would be premature until the applicant can demonstrate that sanitary sewer is available to or imminent to the subject property. Recommendation I recommend that the Planning Commission take no action on the proposal except to advise the applicant that he must demonstrate not only how the property will be served with sanitary sewer but ho.: the improvement will be assessed. CITY'bF CHANHASSEN 7610 LAREDO DRIVEeP.O. BOX 147oCHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM June 18, 1979 TO: Bob Waibel, Ass't. Manager/Planner FROM: Don Ashworth, City Manager SUBJ: Burdick Development Proposal - Powers Blvd. & W. 78th St. I am in receipt of Mr. Burdick's letter of June 14th, 1979. In such letter Mr. Burdick notes two alternatives for sanitary sewer service to the property. I leave it to the discretion of the Planning Commission as to whether review of plans or zoning should be considered at this time; however, I do feel as though that these issues are premature until the issue of sanitary sewer is resolved. The two alternatives noted by Mr. Burdick for sanitary sewer are merely concepts and do not meet the tests for considering developments in the unsewered area, i.e. developments must have sanitary sewer to the property or such must be eminent. One of Mr. Burdick's alternatives would be to serve this property via sanitary sewer connection to a line serving the whole area to the west of Powers Blvd. This may be feasible from an engineering stand- point; but may not occur within the next 20-30 year period. Specifically, the Dunn and Curry ownership in Chanhassen is significant and which development areas are considered by them is not totally known. Gravity sewer could be extended from the Greenwood Shores area to serve any type of development on the north portion of this property. Additionally, the City and developers are in the process of installing sanitary sewer within the industrial area. In addition to this sewer being able to serve the property noted by Mr. Burdick, such will also be able to serve a proposed residential neighborhood to the south and west of the proposed industrial area. Again, the City has not seen nor have we acted upon any phasing of developments. I am sure that these types of decisions will be considered, by developers, on thb- basis of economics. From this standpoint, again, I am not sure that the costs of extending the Take Susan sewer will prove to be the most advantageous. As you are aware, the Park Commission has also reviewed this property considering that such may be a reasonable expansion to Lake Ann Park - such being used primarily for active recreation. If this concept becomes a reality, sanitary sewer, via the alternate noted by Mr. Burdick, would not occur. 1 1 Mrs Bob Waibel -2- June 18, 1979 The second alternative noted by Mr. Burdick was through the use of a lift station. However, Mr. Burdick makes no comments as to who would install it, how costs could be spread, whether he was willing to pay the entire cost, whether such would serve other properties, etc. Again, this alternative, although being a concept alternative, may not be based in reality. Again, I would recommend that prior to further review of development proposals, that the developer be required to show that sanitary sewer is available to the property or eminent. gl' June 14, 1979 Mr. Bob Waibel Chanhassen City Planner 7610 Loredo Drive Chanhassen, Minnesota 55317 Dear Bob: B. C. "Jim" Burdick 426 Lake Street Excelsior, Minnesota 55331 At the suggestion of the chairman of the planning commission, and in view of the delay in appearing before the planning commission, I would like to add a bit of information to the original application. I. SEWER: I have discussed this sewer with both Bill Brezinski and Ray Jackson of Schoell and Madsen, and we have two alternatives; One would be to run sewer across my own property East to intersect with the present sewer near the Mandan caldesac. This would necessitate installing a lift station. The other alternative is to install a holding tank and only use it until such time sewer comes in from the South. I understand from these engineers that Dunn and Curry, in the next couple of years, plan to run sewer from their industrial dev- elopment Northwest up to serve their property interests in the Northwest quadrant of Powers Boulevard and Arboretum Boulevard. This would give us a good gravity sewer. One benefit of this second arrangement would be that we would gladly accept an assessment for part of the cost. 2. REZONING: I, of course, wish to have the property rezoned at this time, and have made applications to do this. 3. HRA: The concept plan proposal does show Highway 16 veering to the North before it enters Powers Boulevard. However, in speaking to Pat Murphy, Carver County Chief Engineer, I learned that there are no plans whatsoever for doing this. He did say there were plans to put left turn lanes at the intersection of Arboretum and Powers, and even to install the conduit for a semaphore. However, the diamond intersection was a long ways off, and he doubted if he or I would ever live to see it. He did not feel that County 16 would be moved to the North until such time as this becomes a diamond it would change. I have noted that an 18" water main is going along 16, which most certainly will be expensive to move — Quite frankly I would be glad to see 16 move a bit to the North, but I do not think it will happen. L Page - 2 Please contact me for any more information on the above items, or any other information you might need; 474-5243. If I do not hear from you, I will telephone you in a few days. ally y6ursr C. "Jim" BURDICK BCBf imb CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: June 11, 1979 TO: Planning Commission and Staff FROM: Ass't. City Manager/Planner, Bob Waibel SUBJ: Cannonball Kitchen, Site Plan Review APPLICANT: B. C. "Jim" Burdick. PLANNING CASE: P-628 Petition The applicant is proposing to construct a restaurant facility on approximately 1.6 acres of land located at the intersection of Co. Rd. 17 (Powers Blvd.) and State Highway 5 (Arboretum Blvd.). Background 1. Community Location: As shown in enclosure 1, the subject property is located in the northeast quadrant of the intersection of Powers Blvd. and Arboretum Blvd. 2. Existing Zoning: Subject property and its environs are presently zoned R-lA, Agricultural Residence District. 3. Utilities: The extension of municipal water is presently being made under project 78-3. Sanitary sewer is presently unavailable to the subject property. 4. Comprehensive Plan Proposal: a. Land Use: Pursuant to the adopted City Comprehensive Guide Plan, the subject property and its environs are to be potentially involved in a grade separated interchange or general commercial properties. b. Transportation: Pursuant to the adopted City Comprehensive. Transportation and Thoroughfares Plan, Powers B1,vd.. is to function as a major collector and Arboretum Blvd.. to function. as an expressway. 5. HRA Concept Plan Proposal: HRA Concept Plan of 4/1.2/78 indicates the subject property to be openspace. Planning Report ,- -2- June 11, 1979 Comments Pursuant to Section 3 of Ordinance 45, no building permits shall be issued for commercial/industrial/multiple residential, development unless the total development site is served by the city's sanitary sewer system. In light of this, the applicant should be advised that he must demonstrate how the subject property will be serviced by sanitary sewer and how said service will be funded, before any further consideration of the plan. Applicant should also be advised that rezoning of the property will be required and also HRA evaluation with regard to the tax increment district plan. Recommendation I recommend that the Planning Commission advise the applicant to carryout a sewer service plan, including the financial arrangements for such sewer, before further consideration of plans for the subject property. IF OF I l�/ • • • i� • I Lake Ann • .•`. 1�Lake \\ . • 1 �" PK • v t _--_ _— _ •• •� \I• OF 1 • • . •• • `` PL OF I PL PK (gSf_—• •• • •• • • •� • • .iCl • • • 1 •F • • s ♦ • • I• • • •, 240 TUM Ps . • • • � • • ® ♦i♦ �O 4R 80 L VA IF PB•® •F Rd RB o N • I �I R9 ® • • Et0 OF IF IFci ca Re I ¢ R9 sZN- • • a.a • U PACIFIC OFB ¢ -to • St � • • • I IF ♦ 8 • E�- OF �r • • PK Lake Susan f Rice Marsh ' ��� `f •' IF Lake _ F • • IF — OF IF Q _ 1 •F IF IF 34 1 • • 34 C3 O fl • 3403 34 •F I li OF • • • LYMAN PL BOULEVARD ♦♦ • ' ♦ •j OF I 1, IF 1 IF 1 I( r' v, PK ► ?' Lake 1', • • 0 r, lJ Riley i 1 OF tl [ • •p _ _ IF U i F • • • • IF , OF »� PIONEER TRAIL • • • OF IF i IA, to j"N� � I ,l •F / . . e•3`� LAW OFFICES JOHN E. LEE, JR. MAILING ADDRESS: ATTORNEY AT LAW P.O. BOX 2." EXCELSIOR. MINN. 5"31 SCHOELL & ' MADSEN, INC. .50 Ninth Avenue South Hopkins, MN 5534.5 Attention Rodney Gordon Dear Mr. Gordon: 17917 HIGHWAY 7 MINNETONKA.MINNESOTA June 12, 1979 13 o J1Jh1 1g79 CO CHA ,,f CiF Re: Larry zamor - HAPPY CHEF Our file 3168-4 AREA CODE sit TZLIWH0HIa 474-E225 RESIDENCES CM1175 -[r9 Ir a It.is my understanding from our telepho e conversation.of 6-11-79 that Ray Jackson and you are now'performing the engineering services on behalf of Chai-�iassen in the absence ,of Bill Brezinski. The following will generally up -date the status of the HOLIDAY/HAPPY CHEF projects on the property at the Northwest corner of Highways 5 and 101. 'On 5-14-79, the City Council approved the construction project for a HOLIDAY-STATIONSTORE and a HAPPY CHEF RESTAURANT. The eouncil'action-.:was conditioned upon approval of "grading" and "drainage" by the Riley -Purgatory Creek Watershed Board of Managers and the City Engineer. The'Council minutes state the City Engineer is required to review site plan lighting as a part of the Development Contract and for this project the Engineer will review such lighting and submit his recommendations together with the feasibility of street lighting along West 79th Street as a part of the City Council's review of the Development Contract. On 6-11--79, 1 was advised by Bob Obermeyer of Barr Engineering that permits have been issued by the Watershed District and.nothing will be required from the developers prior to commencement of construction other than notification to the District of the date _ of the commencement of the project. I enclose copy of 5-2-79 letter from Obermeyer to Jensen of HOLIDAY STORES, INC. as evidence of the approval. On 5-25-79, Bob Waibel, the City's Assistant Planner, informed me: that Scheell & Madsen hA s been instruotod to make A report to the City as to the feasibility.of street lighting along West .. 79th Street. Our -project is involved in that the installation of regular street lighting along West 79�h Street'may'be a reason to eliminate some of the lighting stanchions on the site near -the i street. '� „ram ♦ rh �r_ r +/ SCHOELL & MADSEN, INC. -2- June 12, 1979. I have instructed our client to immediatelyfurnish to you the Site Plans and plans for lighting, grading, and drainage. I suggest you call Bob Waibel at the City offices in. Chanhassen. Bob is familiar with the project. I would appreciate your early consideration of this matter. The parties would like to commence construction of the project as soon as possible. Thanks much. JEL : CL Enclosure r cc: Bob Waibel cc: Craig Mertz cc: Larry Zamor Cordially yours, John E. Lee, J . . Riley- Purgatory Creek. Watershed Dis.tric 8950 COUNTY ROAD EDEN PRAIRIE, MINNESOTA 553 Mar' 2, -11979 Mr. Jerome A. Jensen Holiday Stores, Inc. Box 1224 Bloomington, Minnesota 55440. --' •. Re: Nappy Chef Restaurant/Holiday , Service Station: Chanhassen Dear Mr. Jensen: -The Board of Mainagers of the Riley -Purgatory Creek Watershed District _ _ -.. ✓has reviewed the plans and grading and land alteration permit Application for the construction of a Happy Chef Restaurant and Holiday Service Station in the northwest quadrant of the intersection of T.H. 5 -•T.H. 101 in Chanhassen. The Managers approve of the grading and land alteration permit application for this project subject to the following conditions: •I. The -District will require that all .erosion controlAneasores, as shown on the plans, be installed prior to the commencement of '= land alteration and be maintained until the altered areas on the site have -been restored. 2. The District will require that all arc altered due to construction be restored with seed and mulch and/or i6od within 30 days after the completion of.grading or no later than September 1, 1979.. =3. The District requests to be notified 48 hours prior to the commence- ment of land alteration. ' If you have any questions regarding the District's commentsy•please contact us.at 9.20-0655. ; . Sincerely, CCA; Robert;C: Obermeyerl BARR ENGINEERING CO. ' Engineers for the District Approved by the Board of Managers RIL -PURGATORY CREEK WATERSHED DISTRICT RCO/111 ces Mr. Conrad Fiakness President • Mr. Frederick Richards 1 Mr. Bob Weibel Date: Mr. John Lee - - _ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING On Proposed Amendment of Chanhassen Zonina Ordinance, Proposed Subdivision, Proposed Conditional Use Permit and Site Plan Review. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen will meet on Wednesday, May 2,1979, at 8:00 p.m. at City Hall in said City, for the purpose of holding a public hearing on the following matters: a. The proposed rezoning of Lots 1 and 2, Block 2, Frontier Development Park, Carver County, Minnesota (hereinafter the Subject Property) from C-3 Com- mercial Service District to CBD Central Business District; and b. The proposed subdivision of the Subject Property; and c. The proposed conditional use permit to allow the outdoor display of merchandise for retail sale, the conduct of a restaurant business, auto service station, and retail sales business, all upon the Subject Property. Copies of the Zoning Ordinance, the Zoning Map, and Plans showing the proposed rezoning, proposed sub- division, proposed site plan, and proposed conditional use permit are available for inspection at Chanhassen City Hall. All persons interested may appear and be heard at said time and place. Dated- A-_:. i7, 1979. BYOR1WRW Tlil- PLANNING 01 %1 %l iSS W N BY Bob Waibel Assistant City Manager (Pub. in Carver County Herald on April 13,1979.) Affidavit of Publication Sate of Minnesota ) )Ss. County of Carver ) Stan Roifsrud being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and We of subscriptions and maintained by the managing officer of said newspaper, persons in Its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1988 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Public Hearin, hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, each week, forone��77��successive weeka; that it was first so published OnWed. the 1$th day of A- r i 1 19D and was thereafter printed and published on every _ to and including the day of 19_ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijkim nopgrstuv wxyz / 7 i Subscribed and sworn to before me this day of N) �'� 19 � (Notarial Seal) LORRAINE LANO NOTARY PUBLIC-MINNESOTA CARVER COUNTY My Commission Expires June 29, 1982 x vvvvvv',vvvvvwvvv\/,-vvv,-vvvvv,rvvvv 11 Notary public, County, Minnessata My Commission Expires 19 +�!. i LEANERS, INC. • 426 LAKE STREET • EXCELSIOR, MINN. 55331 • (612) 474.5243 in just one hour throughout Minnesota, North and South Dakotas' May 17, 1979 Mr, Robert Waibel Chanhassen City Planning Commission 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Bob: Please find enclosed a boundary survey of my 17 acres in Chanhassen, which I inadvertantly failed to include with the restaurant site plan etc., that I gave you today. Cordially yours, ' Jim" ICK, BCB/imb Enclosure 17 !o �4r,979i c Ir ^, ec PLANNED RESIDENTIAL DEVELOPMENT (PRD) or CASE NO. PRD/PCD PLANNED COMMUNITY DEVELOPMENT (PCD) City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Applicant Name: Burdic Last Address: Nun Owner: Burdi Last Date of Application Escrow Paid Date Received by B. First Excelsior eet City B First C. 11J,m11 Initial MN. .55331 5ua�e• C."'Jim' IHT- a Address: 426 Lake Street Excelsior M-N. •55331 Number and Street City State Zip Code Address of property in question: Minnesota Highway 7, Carver County 17 and Carver County 16 Legal description of property in question: That part of the Northeast Cuarter of the Northeast Quarter of Section 14, Township 116 North, Ran e 23 West of the 5th Principal Meridian which lies northerly of the northerly right -of --way line of State Highway No. 5 as monumented and lying wester y of the. Easterly 364.52 feet said ort ease Quarter of the Northeast Quarter. The above described property contains 10.91 acres, more or less, and is subject to an easement for Present zoning of property: Aariculture Present use of property: Agriculture Proposed use of property: All 10 acres commercial. Westerly 1 1/2 Acres family type restaurant The following documents shall be attached to this application: Date Received .. Initial 1. Sketch Plan 2. Preliminary Development Plan 3. Escrow Account Date Received Initial 4. Abstractor's Certificate 5. Final Development Plan I hereby declare that all statements -made in this application and on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for planned unit development. Sz�na urea of� Applicant B. / �� im" B fclic4� I -Signature nature o 3 caner B. C. "Jim".Burdick May 2, 1979 Date Received by Title_ Date (Fallowing to be completed by Aoning Administrator or City Official) CHRONOLOGY DATE gy Sketch Plan on Planning Commission Agenda Planning Commission Post oned to Preliminary Development Plan on Plannina Commission Agenda Planning Commission Postponed to Newspaper Publication Ad ac�ac� ent Propert Owners Notified Public Hearing_ Planning Commision Action Preliminary Development Plan on Council Agenda Council Postponed to Council Action Preliminary Development Plan Contract Final Development Plan or Planning Commission Agenda Planning Commission Postponed to .Final Development Plan on Council Agenda Council Post oned to Final Develo ment Plan Contract Executed Escrow Returned - Amount: PLANNING COMMISSION RECOMMENDATION (Preliminary Development Plan) On this day of 19 , this PRD/PCD was recommended for (approval),. disapproval subject to the following conditions: Chairman -.of Planning Commission Action by City - Preliminary Development Plan On this day of 19 , the Chanhassen City Council, Carver anc,FHennepin Counties Minnesota (approved), (disapprove( this Preliminary PRD/PCD subject to the following conditions: - By order of the Chanhassen City Council Mayor. Attest: City Administrator 7610 LAREDO DRIVEeP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: May 8, 1979 TO: Planning Commission and Staff FROM: Ass`t. City Manager/Planner, Bob Waibel_ SUBJ: Happy Chef/Erickson Petroleum Co., Site Plan Review Continuation PLANNING CASE: P-567 & P-568 At the meeting of May 2, 1979, the Planning Commission directed staff to prepare a draft conditional use permit for consideration of adoption for the subject development proposals. Attached hereto are excerpts from previous conditional use permits prepared by the City to which this office believes has apertinence to the proposals at hand. 5. CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT (HAPPY CHEF) (ERICKSON PETROLEUM CO) Whereas, application has been made by , hereinafter referred to as applicant, for a conditional use permit to construct on a tract of land within the City, and the location of the proposed facility upon said premises and the legal description of said tract are as shown on exhibits attached and made a part hereof. Whereas, the City Planning Commission has given consideration to the application and has recommended the grant of a conditional use permit upon certain conditions; and Whereas the City Council has given due consideration to said application and the foregoing recommendations; Now, therefore, a conditional use permit is hereby granted to the applicant herein to erect a upon the described premises, subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest; 1. Permit not assignable. This permit is personal to said applicant, and shall not be assigned without written consent to the City. 2. Description of property. The premises subject to the within conditional use permit and the location of the prgposed shall be as shown on exhibits hereto attached. 3. No open storage. No open storage and materials shall be allowed except as shown in exhibit attached hereto. *4. No outside work. No work shall be performed on any vehicle on the subject premises. 4. Use of principal structure. The principal structure to be constructed shall be utilized solely for the following purpose: a. Restaurant *a. Motor vehicle fuel sales and sale of retail merchandise. *"General retail sales and services" Are those of general sales and services contemplated by sections 10.01 and 10.02 subsection 1 of the Chanhassen Zoning Ordinance, and shall not include manufacturing or assembly of merchandise for sale, repair facilities, nor sales of the drive-in type. 5. Architectural style. The architectural style of the exterior of the structures on the premises shall conform to that presented on exterior elevation exhibit _ 6. Curbs and gutter. All parking and vehicle maneuvering areas shall be outlined with concrete curb and gutter. 7. Plans and specifications. Exterior lighting, and surface water drainage, shall meet the approval of the city engineer. S. Signs. All signage of the subject premises shall have the approval of the Chanhassen Sign Committee. 9. Screening. All mechanical devices, with the exception of fuel dispensing pumps, shall be screened with earthtoned work or architectural masonary block or brick. 10. Public welfare. The establishment, maintenance, and operation of the use shall not be detrimental to nor endanger the public health, safety, comfort or general welfare. 11. Nuisance. The activities conducted on the premises shall not cause the emmission of noxious odors nor cause noise. The use shall not be injurious to the use and enjoyment of other property nor diminish nor impair property value within the immediate vicinity. 12. Schedule of work. Applicant agrees that he shall commence work hereunder on or before , 19 , and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before , 19 13. Performance bond. For the purpose of assurring to the City that the construction of the parking area, outside storage screening, curb and gutter, landscaping, installed and furnished according to the site plans and landscaping plans on file herein and to the satisfaction to the City, and that all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the performance thereof by the applicant shall be paid, the applicant agrees to furnish to the City a cash deposit in the amount of $ , or in lieu thereof, a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder; said deposit or bond as the case may be being conditioned upon the performance by the applicant of his obligation hereunder, said sum being equal to 110% of the total cost of such improvements as estimated by Schoell and Madson, Inc., the City Engineers and the City costs as estimated by the City Manager. 14. Permit subject to review. City reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of the permit; and if the City determines that the applicant has not strickly complied with the terms of the permit, the permit may be terminated at the option of the City. All City ji expenses incurred in the enforcement of the within permit shall be the obligation of the applicant, and may be recovered by the City as a special assessment against the within described premises. * - Specifically applicable to Erickson Petroleum Company. Minutes Sign Committee Meeting May 8, 1979 The meeting was called to order at 7:30 p.m. by Chairman Don Halla with members Dick Matthews and Jerry Neher present. Others in attendance were Mike McGuire from Zachman Homes, Jerry Jensen representing Holiday, Larry Zamor and John Lee. City Planner Mark Koegler and Assistant City Attorney Craig Mertz represented the City of Chanhassen. The first item of business was a request by Zachman Homes to place real estate advertising signs along County Road 17 in the Greenwood Shores area. In addition to the one sign which has been constructed but has not received a permit, the developer requested two other signs; both of which would be consistent with the existing sign. i n discussion with the Sign Committee, the developer was questioned as to the content of the signs. Mr. McGuire indicated that they would like to use a home in Greenwood Shores as a model out of which they would sell homes in other projects located in Eden Prairie, Chaska, and the Jonathan area. The Committee unanimously agreed that any signs placed in Chanhassen should pertain only to houses constructed within the City. The committee then reviewed the developers request utilizing the criteria stated in the proposed Notat-tonal Graphics Plan. After discussion, Dick Matthews moved that the city grant Zachman Homes Inc. two sign permits for signs not to exceed 32 square feet each and to be placed not less than 500 feet apart. Signs are to be of the same design and character as that of the existing Zachman sign.. Staff is to review the proposed sign and wording changes to the existing sign upon receipt of a formal application and if in agreement with committee comments, a permit should be issued. The motion was seconded by Don Haller and passed unanimously. The motion was amended at a concensus of the group to allow the signs to remain until June 1, 1981. This date was attached to be in conformance with the clause in the proposed ordinance which permits such signs only until 75% of the project is complete. The second item on the agenda was a sign proposal by Happy Chef - Restaurant. The City Planner started the discussion by stating that the Happy Chef and Holiday proposals although located next to each other should be considered as separate businesses and a review of their signage should be conducted accordingly. He went on to mention however that each of these businesses would have a substantial visual impact on one another as well as on the city of Chanhassen. The City Planner indicated to the Sign Committee that before discussion was held on the size of the proposed signage, the committee should r attempt to define whether the tower constituted a wall, roof, or canopy/marquee sign. The Assistant City Attorney stated in his opinion the proposed sign was a marquee which under ordinance carries no area restrictions. He also added that the final zoning designation of the parcel would have some impact on signage. If the zoning remains C-3, the ordinance criteria for commercial districts would apply but if the tract is zoned CBD as the Planning Commission recommended, the city council would be free to make separate sign May 8, 1979 regulations which would supercede the ordinance. Dick Matthews commented that the recommendation of the committee would stand regardless of the zoning and the other members concurred. The committee then moved into a discussion on the letter size proposed for the Happy Chef sign. It was pointed out that the words Happy Chef are proposed to be in 30 inch letters and the letters in the word restaurant are to be 18 inch. The committee generally commented that a sign of this size would dwarf the Community Identification sign. Jerry Neher expressed the opinion that the Happy Chef sign as proposed would, by its size alone, destroy the integrity of both the existing and proposed sign ordinance. The City Planner than reviewed points from his report for consideration by the committee. They consisted of: 1. That all lighting as per ordinance shall illuminate only the sign area itself and shall not light the surrounding area. 2. That the Committee consider reducing the size of the Happy Chef lettering since the restaurant has good sight distance and is located close to the Highway 5 roadway. After considerable discussion about letter size and the type of sign proposed, the committee generally agreed that the sign is a wall sign but offered the following definitions. of what actually constitutes each of the walls: Dick Matthews -- South wall -- the area under the tower cap down to the roof. North wall - the area under the tower cap down to the roof ridge. Don Halla - agreed with the definition offered by Matthews. Jerry Neher - South wall - the full expanse of the front of the building from the ground up to the top of the roof line which occurs just above -the height of the doors. East and West - the wall area under the eave line. North - essentially the same as the south. After additional discussion on letter size and its ultimate legality, the following motion was made. Dick Matthews moved to recommend the granting of a variance by the council to the sign ordinance defining the Happy Chef sign as a wall sign with a maximum letter size of 18 inches for the words Happy Chef and 12 inches for the word Restaurant. The motion was seconded by Don Halla and passed unanimously. The committee additionally noted that the tower sign is the only sign currently being proposed by Happy Chef. -2- May 8, 1979 The next item of business was a sign proposal for the Holiday Station/Store. The City Planner informed the committee that Holiday is proposing three signs, one of which is free standing and the other two to be mounted to the building. He indicated that the free standing sign is to be placed within the green area designated by the HRA and as shown on the plans, would be illegal since it is not on property owned by Holiday. John Lee insured the committee that the lot lines would be shifted to include the sign on Holiday property. The Committee first commented on the signs attached to the building. Members agreed that such signs should be classified as a roof sign. General questions were then posed pertaining to lighting. Jerry Jensen of Holiday responded saying that the front Holiday sign would not be illuminated since the lighting from the pump area would spill onto the sign. He indicated that Holiday would like to light the sign on the rear of the building. The Committee then requested the City Planner to present his comments for discussion. The following were offered: 1). That the lighting recommendations pertaining to the illumination of sign surfaces only apply. 2). That the freestanding sign proposed by Holiday be omitted because of conflicts with both the concept of a green area and the overall integrity of the natural appearance of signage as proposed under the Notational Graphics Plan. As an alternative, the City Planner encouraged the committee to allow the developer to construct an additional roof sign in place of the .free-- standing sign. 3). That the aluminum mansard be changed,to a wooden shake construction since it serves as a backdrop for signage and the natural wood would be more consistent with both the "western theme" and the Notational Graphics Plan. 4). That the developer be aware that only signage which is an integral part of gas pump design will be permissable.. Advertising banners such as the ones seen in the photographic exhibits would be prohibited. The committee entered into a general discussion on each of these points and then specifically discussed the need for a freestanding sign. Jerry Jensen stated that the developer considered the installa- tion of all three signs as proposed as critical. Dick Matthews questioned the need for a freestanding sign since much of the traffic on Highway 5 consists of commuters who generally come to know where facilities are located: along the road. The committee agreed that any freestanding sign should be kept as far away from the existing community identification sign. At the conclusion of discussion, the following actions were taken. Don Halla moved to allow a freestanding sign designed in accordance with the theme of the Notational Graphics Plan incorporating two wooden standards for support; the area of the sign not to exceed 80 square feet; the sign to be located within an area defined by a line 12 feet south of -- . • p V ^� May 8, ' 1979 the southeast corner of the building and 25 feet east of the southeast corner. The sign is to be internally lighted and not contain more than a price placard and corporate symbol. The motion was seconded by Jerry Neher and passed unanimously. Dick Matthews - moved that the front sign to be mounted on the mansard roof be accepted as proposed by the developer and that the sign be mounted on wood or a wood -like mansard and contain no direct lighting.. The motion was seconded by Jerry Neher and passed unanimously. Dick Matthews moved that the rear or south roof sign on the Holiday Station be accepted as proposed by the developer and that it should contain no direct lighting. The motion was seconded by Don Halla and approved with Matthews and Halla voting in favor and Neher voting against. After the vote, Jerry Neher explained that he voted against the motion because he felt the rear roof sign should be directly lighted. The meeting was adjourned at 11:15 p.m. -4- ip-!(.7 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP 0. BOX 147eCHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Sign Committee Members FROM: City Planner, Mark Koegler DATE: May 7, 1979 SUBJ: Sign Requests - Happy Chef Restaurant and Holiday Station/Store Happy Chef and Holiday are seeking approval of signage for their proposed facilities at the northwest corner of Highways 5 and 101. For convenience in reporting, both projects will be discussed within this memo since they are to be located on adjacent parcels of land. The Committee should keep in mind that the development proposals and signage requests for each of these businesses pose both separate and common issues and should be reviewed accordingly. Happy Chef Happy Chef Restaurant is proposing to place signage on four sides of a tower -like structure located on the front side of the building. No freestanding signs are being proposed at the present time. In reviewing this proposal, the first task seems to be to define exactly what the tower -like structure actually is: does it constitute a wall sign, roof sign, or canopy or marquee. Each of these designations carries different ordinance restrictions. Initially, staff reviewed this proposal utilizing criteria for wall signs. In doing so, it was determined that all four sides of the sign were not in conform- ance with the ordinance based upon area restrictions. During further examination, questions arose regarding this designation. Before reviewing this request, the Sign Committee should first determine which is the appropriate category for this type of sign. Holiday Station/Store Holiday is proposing a total of three signs for their facility, one of which is free standing and the others to be attached to the building itself. The signs on the building pose some definition problems similar to those of the Happy Chef proposal. The word Holiday which is attached to the mansard roof at both the front and rear of the building might be considered as either a wall sign or canopy or marquee. A wall sign is defined as a sign attached to a wall surface lying below the roof line of a structure. A roof sign is one that projects above the roof line of a building. The question then becomes where does the roof line lie? This issue is complicated by the use Sign Committee Members -2- May 7, 1979 of an aluminum mansard skirting which is probably not a structural component of the building. Again, as in the case with Happy Chef, the Sign Committee will first have to determine which category is appropriate for this proposal. A freestanding sign has been proposed; the location of which is approximately 40 feet off of the southeast corner of the building. The land at the proposed location of this sign appears to be under the ownership of Happy Chef. Existing provisions require that free- standing signs be "on premise" and hence, this location is contrary to ordinance. The overall height of the sign is indicated to be 23 feet; existing ordinance allows 20 feet. This situation necessitates either a reduction of the signs size or the granting of a variance by the City Council. The overall area of the sign seems to fall within ordinance restrictions. Additionally, the developer should be made aware that the pump island advertising banners which are prevalent in the photographic examples are illegal under Section 4.03(d) of Ordinance 36. This section permits only lettering or symbols which are an integral part of the design of a gasoline pump. General Comments The review of the Happy Chef and Holiday proposals comes at a somewhat awkward time for the City since the sign ordinance is in the process of being revised. During this interim period, proposals have been reviewed utilizing the proposed ordinance as a general "guide". Animal Fair and Instant Web are two examples of proposals which were reviewed and ultimately constructed using the materials and size restrictions suggested in the proposed ordinance. Since it is impossible to cover every conceivable situation in drafting a sign ordinance, the use of additional guidelines seems to be both appropriate and reasonable. In reviewing the two sign proposals utilizing reasonable guidelines, two issues become apparent. First, are the signs consistent with the overall theme of the National Graphics Plan and secondly, are they consis- tent with the open space area which has been proposed by the HRA for the northwest corner of Highway 5 and 101. In reviewing these proposals, staff offers the Sign Committee the following comments for its consideration: 1. Lighting of all signs should be restricted to illuminating only the sign surface and should not have a flood light effect on surrounding areas. 2. A reduction of the overall size of the Happy Chef lettering should be considered to minimize the billboard effect of the proposed signage. The Happy Chef Restaurant as proposed is to be located along Highway 5 and seems to have reasonable sight distances. Given its location and visibility, smaller lettering could be used while insuring that the proposed signs are readable to the public. The existence of the tower on the Happy Chef Restaurant alone serves somewhat as an identifying factor to the general public. Sign Committee MembeiF -3- May 7, 1979 3. The freestanding sign proposed by Holiday should be omitted for two reasons: first, its location within the green area seems contrary to the creation of an open space buffer between the building and the street right-of-way. Secondly, the steel and plastic material s of the proposed sign are contrary to the consistent theme of wood structures indicated by the National Graphics Plan. If such a theme is to be established in Chanhassen, this sign could have a significant negative impact since it will be viewed simultaneously with the Community Identification Sign at 5 and 101 which was installed in order to establish a model for future signage. As an alternative, the committee might consider encouraging Holiday to place an additional sign on the mansard roof located on the eastern side of the building. Such a sign would be subject to the previous lighting recommendation and the lighting restrictions�of Ordinance 36. 4. Since the mansard skirting provides a backdrop for the Holiday signs, the developer should be encouraged to substitute wood shingles for the aluminum specified in the plans. The appearance and texture of the natural wood would be more in keeping with the signage and structural theme within the City. Zoning At the present time, the zoning designations for both Holiday and Happy Chef have not been finalized. This designation has an impact upon the sign proposal. If the property remains C-3, all of the aforementioned comments are valid since they were made utilizing criteria for commercial property. However, if the zoning is changed from C-3 to CDB, a different mechanism for the approval of signage will have to be utilized. Under CBD zoning, signage as well as other development provisions on a parcel are through the conditional use permit process. Under ordinance, the conditional use permit supersedes the provisions of the sign ordinance. This does not mean however, that the comments on the proposed signage under the commercial section of the ordinance cannot be utilized as guidelines for signs to be placed on CBD zoned parcels. If CBD zoning is provided to the subject property, the comments of the Sign Committee will be taken in account in the drafting of the conditional use permit. R I C H A R D L A W R E N C E R I C E P A R K P L A Z A * 5 0 0 S O U T H F R ON T STREET • M A N K A T O, M I N N E S O T A 3 May 1979 Bob Waibel,, Planner City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Mr. Waibel: o PHONE 625-3632 Re: Chanhassen Happy Chef Enclosed are 3 prints of the plot plan on which we have shown the present and proposed grading and drainage for your review. I have written the Sign Committee to reiterate our position (as expressed to you) on the signage in quite definite terms and am enclosing a copy of that letter. There is one point which keeps coming up which bothers me in regard to the parking setback. The 40 feet is not a valid number. Section 11 - C-3 Commercial Districts refers in 11.05 Paragraph 2 - Front Yard Regulations to a Front Yard of 40 Feet. This, logically, in all codes refers to the building setback.....not the parking. In Section 11.07 - Parking - Paragraph 2 - Design & Construction.- Refers to Section 9.07. This Section in Paragraph 3 specifically states that "no parking area shall be located closer than 25 feet to the front property line." We are continually dismayed at the changing "ball game." Every time we receive a report from the staff at one of the meetings there is a "new" interpretation or requirement. We have never been priviledge to these reports prior to meeting time and have no chance to react other than "we think we may be able to comply." Both Jerry from Holiday and myself are speaking as agents and are hopeful we can interpret our clients desires, but it puts us in a "defensive" position when we have no chance to check these changes out with our owners. *4►��`d3 MAY1979 R�CEjVED ae OF '-1 Page 2 Bob Waibel, Planner City of Chanhassen I hope we are done with surprises now and that the program can proceed smoothly. Si c rely, Xhard L. Rice RLR:ly Enc. cc: Happy Chef Systems, Inc. Larry Zamor P-5k-7 R I CH A R D L A W R E N C E R I C E A RCS IItC1 P A R K P L A Z A • 5 0 0 S O U T H F R O N T STREET • M A N K A T O, M I N N E S O T A 3 May 1979 Sign Committee City Hall - 7610 Laredo Drive Chanhassen, Minnesota 55317 Gentlemen: �2 • PH ON E 625-3632 Re: Chanhassen Happy Chef We had hoped that the Sign Committee would have reviewed and acted on our sign prior to the Planning Commission meeting last night. Since this was not accomplished, I feel this letter is necessary to establish our position. In previous reviews by city staff, "report of 7/11/78," there is a question raised about our tower and its "integrity" as a part of the building. I am enclosing a photo of the building to demonstrate the integral nature of the building and signage. The position we take is that under your sign ordinance (I hope we have the up-to-date versions - Ordinance 36-B) defines a wall sign as follows: Section 2 (W) "Wall sign is any sign which is affixed to the wall of the building but shall not in- clude a sign painted directly on the wall of the building." Obviously, we are attached to the "wall of the building," and thereby, meet this definition. Going further with this in Ordinance 36, it states "Section 4.03 - Commercial Districts (a) wall signs: The total area of any wall sign shall not exceed fifteen (15) percent of the total area of said wall." Calculating our area of sign by drawing a outline around the total area described by the letters, I calculate 64 square feet of "sign." The smallest side of the building is the front or rear which would have 987 square feet of area; 15% of thiswould by 148.05 square feet so you can see we are well within the limitations established - 148.05 vs. 64. Going one step further, the staff in their report suggests the city consider our tower as a "free standing sign;" thereby, im- posing another set of limitations on the signage. By your definition - Ordinance 36 - Section 3 Definitions: Paragraph (i) "Free standing sign" is a sign which is placed in the ground and not affixed to any part of the structure. This arbitrary attempt to change the obvious definitions of your own ordinance completely frustrates our sincere attempts to play the "ball game. I-) Page 2 Sign Committee City of Chanhassen Our position is that we have designed an attractive, well decorated, architecturally pleasing, warm, inviting, family type restaurant. We feel this restaurant is an asset to any community. We provide a needed service in a clean, efficient, high quality building. Our design evolved over 18 years of planning, complying with ordinances and sign codes, height restrictions, setbacks, parking requirements, landscaping quotos, and sometimes to our dismay and later regret, the whims of city officials. We have attempted for over a year now to modify, comply, and replan this building so that it meets all your requirements. We will not modify our design or lower the building or install a heating unit in the upper part (so it might be considered a mechanical room) or change our signage. We comply with your sign ordinance fully; we do not intend to install any flashing lights. We sincerely feel that our signage complies with the letter and the intent of your ordinance where it says: Ordinance 36 - Section 1 (2nd Paragraph) The provisions of this Ordinance are to encourage a reasonable degree of freedom of choice, an oppor- tunity for effective communication, and a sense of concern for the visual amenities on the part of those designing, displaying or otherwise utilizing communi- cative media of the types regulated by this Ordinance, while at the same time, assuring that the public is not endangered, annoyed or distracted by unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. We r�spe�ctfully request you act favorably on the signage as f sentce ely,hard L. Rice RLR:ly ^N (_0-Pa61 Enc . ���� MAY19i9 cc: Bob Waibel C"i Happy Chef Systems, Inc. VA-LAaE0g CRANHAftZw, Larry Zamora MINN. < ` r Yi.v[T1nR.[ `(jye ��Qy 1. �r V (f Riley- Purgatory Creek Watershed Distraei May 2, 1979 Mr. Jerome A. Jensen Holiday Stores, Inc. Box 1224 Bloomington, Minnesota 55440 Re: Happy Chef Restaurant/Holiday Service Station: Chanhassen Dear Mr. Jensen: 8950 COUNTY ROAD 0 EDEN PRAIRIE. MINNESOTA 5534 The Board of Managers of the Riley -Purgatory Creek Watershed District has reviewed the plans and grading and land alteration permit application for the construction of a Happy Chef Restaurant and Holiday Service Station in the northwest quadrant of the intersection of T.H. 5 -•T.H. 101 in Chanhassen. The Managers approve of the grading and land alteration permit application for this project subject to the following conditions: 1. The District will require that all erosion control measures, as shown on the plans, be installed prior to the commencement of land alteration and be maintained until the altered areas on the site have been restored. 2. The District will require that all areas altered due to construction be restored with seed and mulch and/or sod within 30 days after the completion of grading or no later than September 1, 1979, 3. The District requests to be notified 48 hours prior to the commence- ment of land alteration. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, Ro ert?C. Obermeyer;! BARR ENGINEERING CO. Engineers for the District Approved by the Board of Managers RILE I-PuP[GATORY CREEK WATERSHED DISTRICT RC0/111 ,/ 4 cc: Mr. Conrad Fiskness 6)-t-L t yL !,��i[ President Mr. Frederick Richards � Mr. Bob Weibel Date: Mr. John Lee i CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING On Proposed Amendment of Chanhassen Zoning Ordinance, Proposed Subdivision, Proposed Conditional Use Permit and Site Plan Review. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen will meet on Wednesday, May 2, 1979, at 8:00 P.M. at City Hall in said City, for the purpose of holding a public hearing on the following matters: a. The proposed rezoning of Lots 1 and 2, Block 2, Frontier Development Park, Carver County, Minnesota (hereinafter the Subject Property) from C-3 Commercial Service District to CBD Central Business District; and b. The proposed subdivision of the Subject Property; and C. The proposed conditional usei.permit to allow the outdoor display of merchandise for retail sale, the conduct of a restaurant business, auto service station, and retail sales business, all upon the Subject Property. Copies of the Zoning Ordinance, the Zoning Map, and Plans showing the proposed rezoning, proposed subdivision, proposed site plan, and proposed conditional use permit are available for inspection at Chanhassen City Hall. All persons interested may appear and be heard at said time and place. Dated: April 18, 1979 , 1979. BY ORDER OF THE PLANNING COMMISSION By Bob Waibel Assistant City Manager Publish in Carver County Herald on April 18, 1979. CITY JF CHASHASSE11.4AI; 7610 LAREDO DRIVEOP 0 BOX 147ooCHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: May 1, 1979 TO: Planning . Commission and Staff FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Holiday and Happy Chef, Site Plan Review APPLICANT: Erickson Petroleum Company and Happy Chef Systems, Inc. PLANNING CASE: P-567 and P-568 ...■w� As shown in the attached council minutes of March 5, 1979, a motion to approve the development plan of Happy Chef and Holiday failed in a 3/2 vote. It�appears that the opposition was due to the feeling that this is. the gateway to Chanhassen and should be a soft entrance with more greenway than was originally proposed. Since this city council meeting, the applicant has negotiated an approximately $20,000 land acquisition incentive under the tax increment program to provide an extra 50 feet to the overall development site. This addition of land has resulted in the following setback changes along the right of way of Highway 101: 1). The easterly -most curb cut of the Holiday Station has been setback a distance of 60 feet as opposed to the previous 30 feet. 2). The easterly -most parking area of the Holiday Station has been removed thus providing a setback at the southeasterly edge of the parking apron of 30 feet as opposed to the Previous 10 feet. 3). The station/store itself_ has been moved to provide setback of 56 feet as opposed to the previous 46 feet. The city attorney had determined that the C-3 Commercial District has a parking setback of 40 feet. This office would recommend that a 25 foot parking setback is sufficient which would eliminate the northwesterly most parking space of the Happy Chef parcel and the northwesterly most 3 spaces of the Holiday parcel. It is the opinion of this office that on the Holiday parcel, the number of spaces Planning Commissio -2- ,May 1, 1979 required by ordinance has been dramatically reduced based upon the statements by Holiday representatives about their low parking demands. It is the opinion of this office, that the northerly most two parking spaces of the Holiday parcel be placed adjacently south of the proposed parking area with a T-turnaround area for the southerly most space. In light of the proposed intensificdti6n of parking on the westerly side of the building, and the proposed green area on the easterly side of the building, I would recommend to the Erickson Petroleum Company that they consider the construction of a right handed building for this parcel, i.e. restrooms and mechanical room on the westerly side.._ Additional parking issues are that the parking area in the north -middle portion of the Happy Chef be indicated on plans so as to designate auto parking, and that the parking area along the east side of the Happy Chef building has a parking stall length and clear aisle width of 41 feet, wherein 44 feet is required by ordinance 47. Preliminarily, before HRA consideration, I would recommend that this 3 feet be obtained from shifting the plan to the west for the needed 3 feet thus reducing the western setback from 8 feet to 5 feet and allowing for the sufficient clear aisle width and parking stall length. The proposal at hand will have to receive approval from the Riley Purgatory Creek Watershed District Board of Managers and the City engineer as to the proper grading and drainage of the site. Other approvals upon which the Planning Commission recommendation must be conditioned are those of the Sign Committee. In regards to the free standing Holiday sign, the Planning Commission at this time should enter into the record their comments as to the signs compatibility with the intent of the HRA for green open space and soft entry. As noted in the sign plan, a 24 inch setback from the highway right of way of 101 is proposed. The representatives of Erickson Petroleum Company have indicated that the mansard will be constructed of a dark brown plastic with off-white corporate lettering. The Assistant City Attorney will have a verbal report on the proposed rezoning to CBD as opposed to the maintenance of the C-3 commercial service district zone. Recommendation I recommend that the Planning Commission approve the subdivision, rezoning, and conditional use permit for Planning Cases P-567 and P- 568 with conditions that the subject plans receive the approval of the city engineer, the Riley Purgatory Creek Watershed District, the HRA, the Sign Committee and approvals of the final draft of a conditional use permit, and/or development contract. �N CHASE¢ UGHTS Q O - --- p 0 O TOWEZ CAP I j ' SAME OVEIZuANG I ALL 5IDE5 i 4 WOOD I I i ' 6� TRIM - I ,J j � 1 I TA ..0 3' 1 1 I lot- 8" -31. 1 WOOD 51DIN G Nut E 1. INSTALL THIS ARIZANGI=MENnOrJ '3 SIDES Z I U57ALL OWLY NAPPY CUE;= ow 2EAr-- 3, LETTEMIMC. AND CWAE2 LllaA4lT'S / / /+izE �bY DWNFLM) O S SIGNING LIGHT' HAPPY CHEF RESTAUR&WT! 9-14--l7 RIGL�A2D Q(GE-AYL.UITECT 7610 LAREDO DRIVEeP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 CONFIDENTIAL MEMORANDUM DATE: April 25, 1979 TO: City Manager, Don Ashworth FROM: Assistant City Manager/Planner, Bob Waibel SUBJ: Happy Chef and Erickson Correspondences from John Lee PLANNING CASE: P-567 & 568 I have recently received your copes of correspondences of April 13, 1979�from John Lee to'Cj�aig Mertz and myself along with your request for an explanation of these correspondences. My comments are as follows: ulJTH l In phone conversations Craig:Mertzseveral days before Mr. Lee's -� reply, we had, to my recollection, discussed the possible difficulties in placing development requirements on.the Happy Chef and Erickson proposals, i.e. development contract,..conditional use permit. As you know Block 2 of Frontier Development Park is: presently zoned C-3, Commercial Service=District to wit Happy Chef and Holiday Store are permitted uses. Being permitted uses, it is my interpretation that .the applicant is not absolutely required to enter into a development contract '.for a conditional use permit which could affect th&'validity of any such document even if it was written despite the ordinance. not .:recfuirina .it-' `'I. believe it is upon that thesis- that.Cr_aig recommended.the change in zoning to CBD wherein a conditional -use - permit isrequired of any development and thereby absolutely binding. I wholeheartedly concur with.Craig that an absolutely binding contract is needed for these proposals that will permit the City tofoncorporate their concerns not explicitly set forth under these C-3 provisions of Ordinance 47. One point I believe needed to be covered is about Mr. Lee's assumption that the redevelopment concept plan will make Lot 2 of Frontier Development Park auto oriented retail/services.,. In regards to this, I am anticipating that Holiday and Happy Chef will in fact be built on Block 2 of Frontier Development Park, however as you know, there has not as of yet been any planning staff or planning commission review of the concept plan. If building approval is given to Happy Chef and Holiday, I am of the opinion at this time that, because of potential traffic problems, no more auto oriented businesses be permitted in the Frontier Development Park area. W MAILING ADDRESS: P.O. BOX 220 EXCELSIOR, MINN. 55331 CITY OF CHANHASSEN 7610 Laredo Drive P. 0. Box 147 Chanhassen, MN 55317 LAW OFFICES JOHN E. LEE, JR. ATTORNEY AT LAW 17017 H10 HWAY7 MINNETONKA, MINNESOTA April 13, 1979. Attention Bob Waibel, Assistant Manager/Planner Dear Bob: 'APR 1979 RECEIVED VILLAGE ©F' CHANHASSLN, MINN. -1 AREA CODE 612 TELEPHONE: 474-5225 RESIDENCE: 475-1175 Re: HAPPY CHEF (HOLIDAY STATIONSTORE) - Zamor Our file 3168-4a-L As you know, I have deep concerns as to the proposal to rezone the "subject property" from a C-3 Commercial Service District zone to a Central Business District zone. The CBD district is a 11wide open" zone with no ordinance standards as to permitted uses or identifiable restrictions on use of land. The only guideline referred to in the ordinance to aid the Council in the consideration of a conditional use permit is reference to a provision which states that'all uses shall be in conformity with the Comprehensive Municipal Plan and Central Business District Concept Plan with development to be in a manner consistent with Concept Plan objectives." There is no real meaning to the provision on "Variances" in that there are no restrictions in the ordinance as to building setback, height, sign, parking, yard area, lot width and depth, etc. A "variance" assumes there is a standard to vary. If there is no standard there is no requirement for a variance. The only possible standard referred to are the "goals and objectives" of the Comprehensive Municipal Plan and the Central Business District Concept Plan, One can hardly state that these kinds of standards are definite. No owner would want his land put into this type of zoning district unless there are unusual or special reasons to do so. I would think the City would take the same position. We are proceeding to obtain the required information as soon as possible. Larry has retained Gordon Coffin, Surveyor, to prepare a topographical survey. He has instructed the landscape architect from Natural. Green to contact you regarding the landscaping plans. Larry informs.me that both Happy Chef and Holiday are in the final -2- stages of preparing the Site plan and plans for construction. We are making arrangements for an appearance before the Watershed District. I will contact you during the middle of next week as to progress in this matter. The parties know that we are on a 'Might" time schedule and are making every effort to complete all work on schedule. JEL:CL cc: Larry Zamor cc: Craig Mertz Cordially yours, John E.� , L,eeti, Jr. LAW OFFICES JOH N E. LEE, J R. ATTORNEY AT LAW MAILING ADDRESS: AREA CODE 512 P.O. BOX 220 17017 HIGHWAY 7 TELEPHONE: 474-5225 EXCELSIOR. MINN. 55591 MINNETONKA, MINNESOTA RESIDENCE: 475.1175 April 13, 1979 Larson & Mertz Attorneys at Law 1900 First National Bank Building Minneapolis, MN 55402 Attention: Craig M. Mertz Res Proposal for"Change of Zoning" Holiday/Happy Chef Project Lots 1 and 2, Block 2, Frontier Development Park Our File 3168-4c-L Dear Craig: You indicated in our telephone conversation of 4/9/79 that staff would like the Planning Commission and the City Council to consider the possibility of rezoning the subject property (Lots 1 and 2, Block 2, Frontier -Development Park) from a C-3 (Commercial Service District) to CBD(Central Business District). I have reviewed the provisions of the two Ordinances and consider the same not to be in the best interests of either the developer or the City. The provisions of the City's ordinance for the C-3 zoning district "fit" the proposed and anticipated development for land lying South of 79th Street. The City antic i ates a similar use for the land (land lying South of 79th Street in its Concept Plan for the Chan- hassen Downtown Redevelopment Project said area being designated "Auto Oriented Retail/Services". The zoning for the subject property as a C-3 district (to be continued under "Concept Plan") provides for "self-contained" lots with each "builc�ir�g„ or zoning lot" to be developed in a manner so as to provide its own off-street parking, etc. Each "building lot" will have a frontage on a public road for access. There will be no common parking areas, walk -ways and malls, etc., to be used"in commort,with other land owners. It would appear that the-'CBD" district was created for.the purpose of developing land located in a defined"downtown area". The.City recognizes that "unique and special problems" were involved in the development of land in this district; i.e., common parking areas, common walk -ways and malls, etc. Provisions of the CBD district do not "fit" property which is to be developed on "self contained" lots. The reason for the proposal to rezone the property from a C-3 district to a CBD district may be that the City considers it a "plus" to be able to exercise considerable authority and supervision as to architectural design and possible future alternations to buildings on the property. This potential "plus" is off -set by a big "minus" Mr. Craig Mertz April 13, 1979 when one looks at the provisions of the ordinance for the "CBD" district. Permitted uses within the district are undefined other than to state that all uses are to be in conformity with the Com- prehensive Municipal Plan and Central Business District Concept Plan and that development will be in a manner consistent with Concept Plan objectives. The owner has no real guidelines in plan- ning a building for the use of his land and the City Council has no definite guidelines in considering the issuance of a "conditional use permit" in this district. The section as to "variances" has no real meaning in that there are no restrictions on building set -back, height, sign, parking, yard, area, lot width and depth, etc., on which to grant a variance. The "minus" to the proposal is that the City would be removing the property from a zone (C-3 district with "Concept Plan" providing that this land continue as "Auto Oriented Retail/Services" district which was created and exists for the specific use contemplated by the development project)to a "zoning district which was created and exists for an entirely different p urpose. Hopefully, the plans (architectural design, etc.) for the Happy Chef Restaurant and the Holiday Stationstore will be approved by staff before the meeting of the Planning Commission on May 2, 1979, and that the same will be favorably received by the Planning Commission and the City Council. Proposals, if any,lfdr'future alterations to a building are and can be regulated by appropriate provisions in the Zoning ordinances 'for use of property in 9L C-3 district. These matters can best be regulated by "restrictions on use" in the Zoning ordinance"then in effect rather than by provisions in a contract executed by the parties at this time. Some may think that "the way to increase business is by enlarging the buildings on the site". Both Happy Chef and Holiday have found the contrary to be true. Happy Chef had reduced the size of their restaurants from 126 to 98 seats. Holiday,has discontinued building larger structures as a "way of increasing the volume of business". Both companies have had considerable experience in their field and have determined that the size of their operations as proposed best suits their needs.. In summary,. the owner is opposed to a rezoning of his property from a C-3 district to a CBD district. The goals, purposes, and standards of a C-3 district "fit" the intended use of the property. The City's plans are to continue the"use" of this land and other adjacent property South of 79th Street as "Auto Oriented Retail/ Services". The owner does not want his land to be placed in a dis- trict which has indefinite standards and which contemplates "unique and special problems" such as common parking areas, common walk -ways and malls, etc. nor does good planning dictate that land be removed from a'2oning district" which has definite standards and which fits the intended use to "another zoning district" which has no definite standards and which was created for unique and special purposes not related to the intended use of this property. There is no good and sufficient reason why the property should be rezoned. -2- a Mr. Craig Larson April 13,.1979 As previously stated, the owner wants to develop the property. Plans have been made, financing has been arranged, and we are ready to go. The only remaining hurdle is approval by the City. We need that approval. Tf "rezoning" is a condition of issuing "building permits" then, in such case, we will not be in a good position to "obj ect to a re- zoning of the property.I can only hope that the City Council will make a decision which is in the best interest of all concerned. Cordially yours, JEL/vb JOHN E. LEE, JR. Enclosures: Photocopy Sec. 13 of Ordinance 47-A as to "Central Business District" Photocopy of Section 11 of Ordinance 47-A as to Commercial' Service District. cc: Donald W. Ashworth Chanhassen City Manager P.O. Box 147 Chanhassen, MN 55317 Bob Waibel Assistant Manager/Planner P.O. Box 147 Chanhassen, MN 55317 Lawrence N. Zamor Lawrence Land Company 6509 Walker Street Minneapolis, MN 55426 -3- .) A j ' f ra I A - , ' y t r _1 � 1 { + s � i 1 �,; � .i jl i'i •• !I I I� j a,' 1 rr �' -(' r. r 1 \iaxiri�pt a plan _--HRA Ar � 1 ' .. � II Ir .x• � r t x n t .: t -'•' - •`- t I e i -i 1 � tl � �,• �' i�t, n i C - � - •- 5 i r- i�. .. '!'� r `� t, 111'�' �Ca �,1 _r ,.. s,� : t ' .1v _ ... �pr- i- ( I •',! 1 t l ) C.. t 1nr#f r7 t "w �y , x ){{,tr�'N4i 1� nci �i� ac a n r� a.��•F1•�.�.ii{t,- IS� x t �rr, ± _ .. I 1 P ... .� fl l.. _ ._._ 911 r� I1 '1 � 1� y •r) I � I .. ! �r • � � r CONCEPT -� '---- 1 'TRANSPORTATION. itl�! C__� 2 PARKING ` 6u E0 3 OPEN SPACEIPATHS LAND USE/ 4 W--E I E TALL CIRCULATION AM 5 BuswEss'sERvIm3 �'� 6 GENkRAL COMAERCIAL .7 PUBUC ADMNISTRATION '- 8 HOUSING 9 AUTO RETAL/S EVTEDORIE VICE QE�A7 10 GENIERAL BUSW, ESS I r Y r 1 N REDEVELOPf PROJECT CHANHASSEN. IVI •• 4/12170 NK ton VILLAGE OF CHANHASSEN MINNESOTA ZONING MAP VILLAGE COUNCIL APPROVED FEBRUARY, 1972 LEGEND i; ia R-IA AGRICULTURAL RESIDENCE DISTRICT R-1 SINGLE FAMILY RESIDENCE DISTRICT R-2 TWO FAMILY DUPLEXES R 3 NOT LESS THAN 2 OR MORE THAN 12 UNITS R 4 DWELLINGS OF NOT LESS THAN M UNITS C I OFFICE BUILDING DISTRICT EE: - C -2 COMMERCIAL DISTRICT C - 3 SERVICE COMMERCIAL DISTRICT 1-i INDUSTRIAL DISTRICT P- I PLANNED RESIDENTIAL DEVELOPMENT P, 2 PLANNED UNIT DEVELOPMENT P- 3 PLANNED COMMUNITY DEVELOPMENT DISTRICT P - 4 PLANNED INDUSTRIAL DEVELOPMENT DISTRICT i-T i SCHOELL & MADSON -414e A140 SURVIVORS 50 MINIM AVIHIII South Mot.ICIMS, 611""11SOTA 55343 4d 1 13 a' CITY OF =` CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: April 2, 1979 SUBJ: Happy Chef and Holiday Erickson Concept Consideration, Tax Increment Participation in Purchase of Entrance/Open Space Since the last Council meeting representatives of Happy Chef and. Holiday Erickson have meet with City Staff as well as the HRA. Though a quorum did not exist on the scheduled date of the HRA meeting, the two members present did state their endorsement of setting a public hearing date at whicli time the commission would consider participation in the purchase of additional properties adjacent to Great Plains Blvd. under a tax increment concept. Again, a quorum was not present and formal action in establishing this date will not occur until after this Council meeting. Presentation of this concept to the City Council in advance of establishing a public hearing date by the HRA is being presented as: 1). For the applicants to consider construction under financing committments previously received such approvals must be'received within the next 30-day period; and 2). Both the HRA and City Council endorsement of this concept will be required for such to be effective; and 3). As the publication process for City Council review is more extensive than that required by the HRA such must be considered at this date if a May 7th hearing date is to be set (HRA failure to establish their hearing date and positively act upon such would negate the necessity for action by the City Council on May 7 th) . City Council action this evening is not to review the site plan or consider allowing the division of the property for the specific uses. The consideration is whether the City/HRA should participate in the development of this property by participating in the costs associated with keeping the area adjacent to Great Plains Blvd. as a green entrance area. As the City has little experience in this area, this office was unable to advise the applicants as to whether Mayor and City Cou it -2- April 2, 1979 this concept would be supported or not. Benefits of the concept would include: 1). Purchasing an additional 40 feet of land to the west of the previous site plan would allow the entire development to shift westerly. This purchase would be offset by participation by the HRA, through tax increment financing under a similar policy as was applied to the Roos Building, with resale at a discounted price back to the property owner. 2). The shift would place the first driveway entrance for Holiday approximately 80 feet from the intersection and across from the first entrance into the Sorenson complex. 3). The shift would allow for additional lands to be dedicated between the Holiday and Happy Chef facility providing additional green areas at this location. 4). The shift would eliminate the parking stalls &acing Great Plains Blvd. 5). Given H RA/City participation in the project, the city should reasonably dictate architectural styles and signage for the property (architectural review is not specifically stated as an area of Council discretion under a C-District). 6). Other planning considerations, i.e. additional berming, etc. adjacent to Great Plains Blvd. Again, the item before the City Council this evening is not the specific site plan review, potential division of the property, or approval of purchase/resale of the property. Should the HRA fail to carryout their hearings prior to May 7th, should they fail to approve the concept, or should they fail to demonstrate the positive effects of the proposal to the City Council on May 7th/the proposal would fail. This office would recommend that the City Council set a public hearing date of. May 7th and authorize Staff to carryout necessary administrative functions in meeting State Law for such hearing. Such approval should be contingent upon the HRA similarily carrying out the hearing and reviewing such prior to May 7th. s / CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Don Ashworth being first duly sworn, on oath deposes and says that he is and was on April 18 , 19 79 , the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a proposed amendment of Cianhassen zoning ordinanoe, proposed subdivision, proposed conditional use permit and site plan review. in the City to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mails with postage fully prepaid thereon that the names and addresses of such owners were those appearing as such by the records of the County Treasurer of Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this -- day of — - --- — -- -- ----- - ---- -Notary Public -1 CITY OF CHANHASSEN CARVER AND.HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING On Proposed Amendment of Chanhassen Zoning Ordinance, Proposed Subdivision, Proposed Conditional Use Permit and Site Plan Review. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen will meet on Wednesday, May 2, 1979, at 8:00 P.M. at City Hall in said City, for the purpose of holding a public hearing on the following matters: a. The proposed rezoning of Lots 1 and 21 Block 2, Frontier Development Park, Carver County, Minnesota (hereinafter the Subject Property) from C-3 Commercial Service District to CBD Central Business District; and b. The proposed subdivision of the Subject Property; and C. The proposed conditional use:.permit to allow the outdoor display of merchandise for retail sale, the conduct of a restaurant business, auto service station, and retail sales business, all upon the Subject Property. Copies of the Zoning Ordinance, the Zoning Map, and Plans showing the proposed rezoning, proposed subdivision, proposed site plan, and proposed conditional use permit are available for inspection at Chanhassen City Hall. All persons interested may appear and be heard at said time and place. Dated: April 18, 1979 , 1979. BY ORDER OF THE PLANNING COMMISSION By Bob Waibel Assistant City Manager Publish in Carver County Herald on April 18, 1979. Ralph G. Molnau State Highway Dept. RorPald F. Dubbe 2055 N. Lilac Dr. 116 W. lst St. Golden Valley, Mn. lja.cQnj,4, Mn.. 55.387 Strong -Towle, Inc. 320 Midland Bank Bldg. Mills., Mn. 55401 Leslie R. Renner Rt. 2 Box 307 Excelsior, Mn. 55331 Chan Post No. 580 American Legion Box 264 Chanhassen, Mn. 55317 Mr. J. Ward Box 213 Chanhassen, Mn. 55317 American Oil Co. 4940 V-king Dr. Mpls., Mn. 55435 Sorenson -Enright Chanhassen Mn. 55317 "A Daniel Klingelhutz Rt. 2 Box 95 Chaska, Mn. 55317 F. J. Ktrvers 7220 Chanhassen Rd. Excelsior, Mn. 55331 Frontier Devel. Corp. Chanhassen Mn. 55317 .Chicago, Milwaukee 3rd Ave. So. & Washing- Mpls., Mn. ton; r) ----'- - -- - --r--- ^ p ^ � � RUSSELLH"LARSON CRAIG M. MERTZ 1 0 FLT NATIONAL BANK BUILDING o MINNEAPOLIS, MINNESOTA 55402 PHONE 612 335-9565 �_ | | TO _Mr._Bo]b. Waibel_ _ Citv of Chanhassen Clzanbaooeo« MN 55317 DATE -April-I0*_I979_-----'_-'-____'__-_� -__-__-- _ _-_-_-_-_fie:_ Eric}xoon- - Development | ^ ------'------ -- shouldbe expanded. We recommend 1979 that --a minimum eaccow of atleast $1500 be established to cover legal '- expenses.incurred by the ^l~^^^^g '--' uzuuuiasiou the oRAand the City ---------Couocll ]z '------ ----___-______-_---___ of final plan approval. ____ ____ I --------------- ��L~~ - ' — -----'�------------------- BY -� ---- ��I�IG8��J���L-'___-__-& U e/owEo --------------�-__--__-_'___ Fo~="n~` D `« f!�faot City Attorney INSTRUCTIONS _"RECEIVER: .. KEEP ,"``D~""~,. `."=" WHITE AND ,.°" COPIES INTACT. .. WRITE REPLY. .. DETACH ="~. KEEP PIN "~O',.RETURN WHITE COPY ,"SENDER. LARSON & MEIRT7 ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUS5E1-L H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTS (612) 335-0565 OF COUNSEL April 10, 1979 HARVEY E. SKAAR MARK C. MCCULLOUGH Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Re: Zamor Tax Increment Proposal Happy Chef - Erickson Dear Don: Enclosed you will find our proposed public hearing notices for the following matters: a. Amendment of HRA Plan b. Sale of HRA Property to Developer C. Subdivision, Rezoning, and Conditional Use Permit_ As I understand the Zamor proposal before the City, the Housing and Redevelopment Authority would acquire a tract of land consisting of some portion of Lots 1 and 2, Block 2, in Frontier Development Park. That tract of land would then be resold to the developer, at, a discount of approximately $15,000. The discount would be recovered through tax increments generated within the redevelopment district which the City Council established late in 1977. The apparent purpose of the discount is to make it economically feasible for the Developer to expand his project area and reduce development intensity. A privately owned greenway would be created on the easterly end of the Zamor project area for the purpose of creating an esthetically pleasing gateway to the downtown area. The existing HRA downtown redevelopment plan provides that no real estate will be publicly acquired, with the exception of the Rome Properties site. The execution of the Zamor proposal will require amendment of the HRA plan and will require that several formal actions be taken by the Planning Commission, the HRA, and the City Council. The following is a summary of those steps which would be necessary to implement the Zamor proposal: APR 1979 �o JZ0 CI-IANHAas ,� M11yN. Donald W. Ashworth -2- 4/10/79 1. April 18, 1979. a. Publication of Notice of May 2, 1979 Planning Commission Public Hearing on requisite Re -zoning, subdivision, conditional use permits, and site plan review. b. Transmit Mailed Notice of Hearing to Owners within 350 feet (see Ordinance 33, 96, Ordinance 47, 523.04 and §24.04 and M.S. §462.357, Subd. 3 and §462.358, Subd. 3.) 2. May 2, 1979. a. Publish Notice of May 14, 1979 HRA Public Hearing on. Terms of Property Re -Sale (See M.S. 5462.525, subd. 2) b. Publish Notice of May 14, 1979 City Council Public Hearing on Amendment of H.R.A. Plan (See 9462.525(6) and §462.521(1).) C. Planning Commission conducts Public hearing on Rezoning, Subdivision,a nd Cond-itional Use Permits. d. Planning Commission 'hakes Action to: i. Approve or disapprove re -zoning, subdivision, conditional use permits and site plan. ii. Approve or disapprove H.R.A. Plan Amendment. 3. Any date during period May 3 through May 13, HRA conducts special meeting to: a. Note receipt of Planning Commission recommendations. b. Take action to give final approval or disapproval to amendment of HRA plan. 4. May 14, 1979. a. City Council conducts public hearing on proposed HRA plan amendment. b. City Council takes action to: i. Approve or disapprove HRA plan amendment, ii. approve or disapprove re -zoning, subdivision, conditonal use permits, site plan, and terms of acquisition and resale of HRA tract to the Developer, C. HRA conducts public hearing on terms of resale of HRA tract to the Developer. d. HRA takes action to: i. approve exercise of option agreement to acquire tract from Developer; ii. approve resale of tract to Developer at a discount_ This office will take the necessary steps to retain appraisers, whose reports will be utilized at the May 14, 1979 public hearings_ We will assume that your office will make the necessary arrangements for all mailed and published notices, and notification of the HRA commis- sioners as to the special meeting described in Step 3 above. • Donald W . Ashworth -3- 4/10/79 In the meantime, this office will attempt to gain control of either the easterly 50 feet of Lot 2 or the easterly 50 feet of Lot 1, both in Block 2, Frontier Development Park, by obtaining a non- binding option from the owners. That option will run in favor of the Chanhassen H.R.A. and will provide for a nominal option price and purchase price, upon exercise, of not in excess of $1.68 per square foot. If the Zamor proposal receives all of the approvals outlined above, then the matter should be referred to the Board of Adjustment and Appeals for consideration of any variances required by the final site plan. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney Cm: mep Encls. cc:. Bob Waibel John Lee, Attorney at Law, Box 220, Excelsior, MN 55331 0 C CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING On Proposed Amendment of Housing and Redevelopment Authority Plan to Provide for Public Acquisition of a Portion of Lots 1 and 2, Block 2, Frontier Development Park. NOTICE IS HEREBY GIVEN by the City of Chanhassen that it will hold a public hearing at City Hall, 7610 Laredo Drive in the City of Chanhassen, Counties of Carver and Hennepin, State of Minnesota, on the 14th day of May at 8:00 P.M., to consider the amendment and modification of the Downtown Chanhassen Redevelopment Plan as approved by the Chanhassen City Council on December 18, 1978.. Under the proposed amendment, all or a portion- of the properties which are more particularly described on Exhibit A attached hereto and made a part hereof, would be acquired by the Housing and Re- development Authority of Chanhassen. Said properties would then be made available for re -sale to private developers for such uses as are permitted in the C-3 Commercial Service District or in the Central Business District, as established in the Chanhassen Zoning Ordinance, including also the establishment of an open space reserve over a portion of the property described in Exhibit A. Copies of the redevelopment plan documents and copies of the proposed development proposal for the subject property are on file and avail- able for public inspection in the office of the City Clerk of the City of Chanhassen, Carver and Hennepin Counties, Minnesota. The purpose of said hearing is to consider the above described amend- ment to the Redevelopment Project and Plan, and the undertakings to be carried out by the Housing and Redevelopment Authority in and for the City of Chanhassen, under the Minnesota Municipal Housing and Redevelopment Act (Laws 1947, Chapter 487, of Minnesota, as amended) and under Local Law, if the above described amendment is approved by the City of Chanhassen. Any person or organization desiring to be heard at such hearing will be afforded an opportunity to be heard at such hearing as to the proposals of the proposed plan amendment, whether or not specifically described in this notice. Any such person or organization :is hereby 0 directed to said Plan and the development proposal for the subject properties, which are on file in the office of said City Clerk for full details with respect to said Plan and Project. BY ORDER OF THE CITY COUNCIL Donald W. Ashworth City Manager Publish in Carver County Herald on May 2, 1979. EXHIBIT A Lots 1 and 2, Block 2, Frontier Development Park, according to the map or plat thereof on file in the office of the County Recorder in and for Carver County, Minnesota. HOUSIivG AND REDEVELOPMENT AUTHORITY OF CHANHASSEN, MINNESOTA NOTICE OF PUBLIC HEARING Proposed Sale of H.R.A. Property in Frontier Development Park. NOTICE IS HEREBY GIVEN by the Housing and Redevelopment Authority of Chanhassen, Minnesota, that it will hold a public hearing at City Hall, 7610 Laredo Drive, in the City of Chanhassen, Counties of Carver and Hennepin, State of Minnesota, on the 14th day of May, 1979 at 9:00 o'clock P.M., upon the terms and conditions of the proposed sale of all or a portion of the properties described on Exhibit A attached hereto and made a part hereof, to -Lawrence N. Zamor, d/b/a Lawrence Land Company, 6509 Walker Street, Minneapolis, Minnesota, 55343, (hereinafter the Developer). NOTICE IS FURTHER GIVEN that copies of the proposed development plan of the Developer, together with the proposed terms of purchase, are available for public examination at the offices of the Housing and Redevelopment Authority of Chanhassen, Minnesota, located at 7610 Laredo Drive, Chanhassen, Minnesota, 55317, during its regular office hours from 8:00 A.M. to 4:30 P.M. weekdays. Any person or organization desiring to be heard will be afforded an opportunity to be heard -at such hearing as to the proposals of the Developer, whether or not specifically described in this notice, being hereby directed to the above described documents on file in the office of the Housing and Redevelopment Authroity for full details with respect to plans and project. Dated: Publish in Carver Count THE HOUSING AND REDEVELOPMENT AUTHORITY OF CHANHASSEN, MINNESOTA By William Gullickson, Chairman , 1979 Herald on May 2, 1979. EXHIBIT A Lots 1 and 2, Block 2, Frontier Development Park, according to the map or plat thereof on file in the office of the County Recorder in and for Carver County, Minnesota.