4.1 Les Schwab Tire Center
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 8 April 2024
PRESENTER(s) REVIEWED BY: ITEM #:
City Planner Licht City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney Kendall
4.1 – Les Schwab
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative communication.
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and expectations in a
cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council approve a Conditional Use Permit, Site and Building Plans, and a Site
Improvement Performance Agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes Yes, was held by Planning Commission 6 March 2024.
BACKGROUND/JUSTIFICATION:
Graham Engineering, LLC has submitted plans on behalf of Les Schwab Tire Center for development of a minor auto
repair use on Lot 1, Block 27, Parrish Meadows, which is at the southwest corner of Parrish Avenue (CSAH 42) and 87th
Street. The proposed use requires consideration of a Conditional Use Permit.
A public hearing to consider the application was held on 6 March 2024. Mr. Chad Pollock was present on behalf of the
applicant and agreed to the staff recommendations. There were no public comments, and the public hearing was
closed.
The Planning Commission discussed the site plan, building architecture, and pedestrian access. The site plan will be
modified to provide a central pedestrian corridor and sidewalk access to 87th Street. The developer will also install
landscaping like that required of ALDI to the north as a buffer for the residential uses to the west. The Planning
Commission voted 7-0 to recommend approval following their discussion.
The City Attorney has drafted a Site Improvement Performance Agreement for the proposed development.
SUPPORTING DOCUMENTS ATTACHED:
• Planning Report dated 29 February 2024
• Findings of Fact and Decision
• Resolution 2024-34 approving a SIPA
• Site Improvement Performance Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve a Conditional Use Permit and Site and Building Plans for Les Schwab subject to the conditions as
stated with the Findings of Fact and Decision and adopt Resolution 2024-34 approving a Site Improvement Performance
Agreement.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 701 – Development Escrows
N/A
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
1
PLANNING REPORT
TO: Otsego Planning Commission
FROM: D. Daniel Licht
REPORT DATE: 29 February 2024
60-DAY DATE: 17 March 2024
RE: Otsego – Les Schwab Tire Center
TPC FILE: 101.02
BACKGROUND
Graham Engineering, LLC has submitted plans on behalf of Les Schwab Tire Center for
development of a minor auto repair use on Lot 1, Block 28, Parrish Meadows, which is at the
southwest corner of Parrish Avenue (CSAH 42) and 87th Street. The proposed use requires
consideration of a Conditional Use Permit. A public hearing to consider the application has
been noticed for 6 March 2024.
Exhibits:
Site Location Map
Conditional Use Permit Drawings dated 02.26.2024 (8 sheets)
Site Photometric Plan dated 02/26/2024
ANALYSIS
Zoning. The subject site is zoned B1, Retail Service District. Minor auto uses such as proposed
for the subject site are allowed within the B-1 District subject to the performance standards
established by Section 11-75-6.F of the Zoning Ordinance. Consideration of the Conditional Use
Permit application is to be based upon, but not limited to, the following criteria established by
Section 11-4-2.F of the Zoning Ordinance:
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1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Comment: The 2023 Comprehensive Plan guides the subject site commercial land use
as part of the City’s primary retail, service, and office area within the community. The
proposed minor auto repair expands serves businesses for local and regional patrons
consistent with the intended land uses for this commercial area. The proposed use is
consistent with the recommendations of the 2023 Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The subject site is located at what the PUD Design Guidelines identify as the
gateway to the Great River Center of Otsego and access to the primary anchor tenant.
The table below outlines the existing and planned land uses surrounding the subject
site.
Direction Land Use Plan Zoning Map Existing Use
North Commercial B1 District ALDI
East Commercial PUD District Wings Financial
Tires Plus
South Commercial A1 District Farmstead
West MHD Residential R6 District Townhouses
The proposed minor auto repair use at this location expands service businesses within
the City’s primary commercial area, as well as creates opportunity for business
interchange with other uses in the area. Minor auto repair uses do have inherent
characteristics such as noise and outdoor storage of vehicles that can affect
compatibility with surrounding uses. It is therefore necessary through the Conditional
Use Permit process to ensure that the proposed use will be compatible and
complimentary to existing and planned land uses in the area by requiring conditions to
mitigate potential negative effects of the use.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Comment: The proposed use will comply with the requirements of the Zoning Ordinance.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Comment: The subject site is accessed by Parrish Avenue (CSAH 42) via and 87th Street
and Parkview Avenue. The Transportation Plan designates Parrish Avenue (CSAH 42) as
a minor arterial street and 87th Street and Parkview Avenue as local commercial streets.
Future development in the area will provide connection of Parkview Avenue to 90th
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Street (CSAH 39) and 85th Street further dispersing traffic in the area. respectively,
designated by the Transportation Plan. The streets accessing the property have
adequate capacity to accommodate traffic generated by the proposed use.
5. The proposed use can be accommodated by existing public services and facilities and
will not overburden the City's service capacity.
Comment: The proposed use is to be developed within the East Sewer District where the
City has established infrastructure and service capacity necessary to support the
proposed use.
As a conditional use within the B-1 District, the decision to approve or deny an application is to
be made based on compliance with the criteria and performance standards established by the
Zoning Ordinance. The City may impose such stipulations as it deems necessary to mitigate
potential adverse impacts of a conditional use for a specific development proposal. If the
development proposal complies with the provisions of the Zoning Ordinance and reasonable
conditions can address potential adverse impacts of the conditional use, then the developer has
an expectation that the City will approve the request.
Operations. Section 11-75-6.F of the Zoning Ordinance establishes performance standards
intended to ensure that operation of a minor auto repair use is compatible with surrounding
uses:
Hours. Section 11-75-6.F.1 of the Zoning Ordinance limits the hours of operation for
minor auto repair uses to 7:00AM to 10:00PM unless otherwise extended by the City
Council. City staff recommends this requirement be made a condition of approval.
Noise. Section 11-75-6.F.2 of the Zoning Ordinance requires that all repair activities be
conducted within the principal building with overhead doors to the service area(s)
closed at all times, except when moving vehicles in and out. City staff recommends this
condition be made a condition of approval.
Fire Code. Section 11-75-6.F.4 of the Zoning Ordinance requires that storage of all
flammable materials, including liquids and rags conform with the applicable provisions
of the Minnesota State Fire Code. City staff recommends this requirement be made a
condition of approval, subject to review and approval of the Emergency Services
Director.
Outdoor Storage. Section 11-75-6.F.5 of the Zoning Ordinance requires storage of
damaged vehicles, vehicles being repaired, and vehicle parts and accessory equipment
be completely inside a principal or accessory building. City staff recommends a
condition prohibiting overnight parking of any vehicles outside of the principal building
or that the site plan designate specific areas where such parking is to be allowed.
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Exterior Materials. The exterior materials used on the proposed building consist of 89 percent
Custom Masonry Units in three colors and two surface textures. The reception area on the
north and east elevations and overhead doors to the service bays on north elevation have large
amounts of glass for visibility of activity within the building visible to Parrish Avenue (CSAH 42)
and 87th Street. There are also faux window shown on the south elevation.
Section 11-17-4.D.1 of the Zoning Ordinance requires the exterior finish of the proposed
building to be comprised of a minimum 65 percent Grade A materials, and not more than 35
percent Grade B materials, or not more than 10 percent Grade C materials. Grade A materials
include Custom Masonry Units provided they have a brick-like appearance.
The exterior materials used for the proposed building comply with the requirements of the
Zoning Ordinance, but in general the elevations lack changes in materials, off-sets, or
articulation to improve the aesthetics of the building.
Building Height. Buildings constructed within the B1 District are limited to 35 feet in height by
Section 11-75-8 of the Zoning Ordinance. The proposed building is a one-story structure with a
height of approximately 27 feet measured to the midpoint of the shed roof as defined by the
Zoning Ordinance. The height of the proposed building complies with the Zoning Ordinance.
Lot Requirements. There are no minimum lot area or width requirements for subdivision of
lots within the GRC PUD District. Lot 1, Block 1 is 1.01 acres in area and is 184 feet in width as
measured at the front setback line parallel to 87th Street. The necessary area and width of a
specific lot is to be based on required setbacks and a functional site plan in terms of access and
circulation.
Setbacks. The following setbacks are required of the subject site based on the requirements of
the B-1 District set forth in Section 11-75-7.C of the Zoning Ordinance. The site plan complies
with these requirements.
Parrish Ave
(CSAH 42)
87th St. West North Parking
ROW Interior
30ft. 30ft. 30ft. 0ft. 15ft. 5ft.
Vehicle Access. The subject site is accessed via a driveway to Parkview Avenue. The location
of the driveway is aligned with the private driveway west of Parkview Avenue, which although
the private driveway does not access Parkview Avenue, the location of the driveway to the
subject site will minimize headlight glare cast direct at the residential dwellings on the west side
of the street. The location of the driveway to the subject site is setback more than the
minimum of 50 feet from the Parkview Avenue and 87th Street intersection required by Section
11-21-6.B of the Zoning Ordinance.
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Off-Street Parking. Section 11-21-8 of the Zoning Ordinance requires that automotive repair
uses provide one off-street parking stall for each 200 square feet of net building area. The
proposed principal building is 10,745 square feet in area thus requiring 49 off-street parking
stalls. The site plan provides for 57 parking stalls, a surplus of eight off-street parking stalls.
The off-street parking stalls are designed as nine feet wide by 20 feet deep that are accessed via
25 foot wide drive aisles, which complies with Section 11-21-7.B of the Zoning Ordinance. The
parking area is shown to be surfaced with asphalt and concrete and surrounded by perimeter
concrete curb as required by Section 11-21-7.C and D of the Zoning Ordinance. The
construction specifications for the off-street parking area are to be subject to review and
approval of the City Engineer.
Pedestrians. There are existing concrete sidewalk along Parkview Avenue and 87th Street
abutting the subject site. The developer will construct a 10 foot asphalt trail along the west
side of Parrish Avenue (CSAH 42) abutting the subject site from 87th Street to the south lot line
of the subject site.
The site plan provides for a five foot wide concrete sidewalk to the trail on Parrish Avenue
(CSAH 42) to allow for pedestrian access. The site plan is to be revised to provide a five foot
wide sidewalk along the south side of the driveway access to Parkview Avenue to provide
pedestrian access from that direction.
Exterior Lighting. The design and location of exterior lighting within the subject site must
comply with Section 11-16-6 of the Zoning Ordinance. An exterior lighting plan, including
photometric measurements, has been submitted.
The intensity of the lighting measured at the property lines complies with the Zoning Ordinance
except at a couple points where the allowed 0.4 foot-candles is exceeded by 0.1 foot-candles.
We recommend that the exterior lighting plan be revised to ensure that light measured at the
property line does not exceed 0.4 foot-candles in compliance with the Zoning Ordinance. We
also recommend that the location of the fixtures on the west portion of the site be adjusted
such that light cast at the west property line measures 0.0 foot-candles to minimize potential
impacts to the residential uses to the west. Street lighting is installed on Parkview Avenue in
accordance with the City Code ensuring adequate light for traffic on the street or vehicles
entering/exiting the subject site.
The freestanding fixtures all use a 90 degree horizontal and are 25 feet in height as allowed by
the Zoning Ordinance. The wall pack lighting shows two proposed fixtures, one of which does
not have a full horizontal cut-off. Only wall lighting with a 90 degree horizontal shield will be
allowed in accordance with the Zoning Ordinance and the lighting plan must be revised to
specific this change.
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Waste Storage. The site plan illustrates an enclosure for trash and recycling container storage
west of the principal building. The waste storage enclosure is shown being eight feet in height,
but materials are not specified to verify compliance with Section 11-18-4.C of the Zoning
Ordinance. The waste container storage enclosure is to be subject to review and approval of
the Zoning Administrator.
Signs. Section 11-37-5.C of the Zoning Ordinance allows for the following signs to be placed on
the subject site:
One freestanding sign not to exceed 100 square feet in area, a maximum height of 20
feet, and setback 10 feet from all property lines.
One freestanding sign not to exceed 64 square feet in area, a maximum height of 15
feet, and setback from all property lines to be located in the yard abutting Parkview
Avenue.
Wall signs on two of the exterior elevations facing public streets with the area of
individual signs not to exceed 100 square feet or the total area of all wall signs not to
exceed 15 percent of the wall area of the two elevations facing public streets upon
which the signs are mounted.
The site plan illustrates a freestanding sign at the northeast corner of the lot to be visible from
the Parrish Avenue (CSAH 42) and 87th Street intersection. The sign is setback more than 10
feet from property lines as required by the Zoning Ordinance. No plans have been submitted
for the free standing sign at this time, which will be required with application for a sign permit.
The building elevation plans illustrate wall signs on the north, east and south elevations of the
proposed building. The south elevation does not face a public street and a sign would not be
allowed at this location by the Zoning Ordinance. The area of the proposed wall signs will be
reviewed with an application for a sign permit.
Installation of any signs upon the subject site requires issuance of a sign permit in accordance
with Section 11-37-7.A of the Zoning Ordinance, subject to review and approval of the Zoning
Administrator.
Landscape Plan. An initial landscape plan had been submitted based on a previous site plan
that located the principal building facing south in the northeast corner of the lot. Through
discussions between the developer and City staff the location and orientation of the principal
building was revised to the current site plan. The developer has not had an opportunity to
submit a landscape plan reflecting the proposed site plan. City staff provided direction that the
landscape plan is to be consistent with the type, sizes, and quantities of plantings installed on
the ALDI site to the north, especially for the yard abutting Parkview Avenue to provide
screening of the proposed use for the residential dwellings to the west. The proposed
landscape plan is to be subject to review and approval of the Zoning Administrator.
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Stormwater. The developer has submitted grading, erosion control, and stormwater
management plans for the subject site. All grading, drainage, and erosion control issues are to
be subject to review and approval of the City Engineer.
Utilities. City sewer and water utilities are available at the subject site with all plans for
connections to utilities subject to review and approval of the City Engineer. The developer will
be required to pay Utility Availability Charges for the lot in accordance with the provisions of
Title 8, Chapter 1 of the City Code at the time the PUD Development Stage Plan is approved.
Utility Connection Charges for the proposed use will be required to be paid in accordance with
the provisions of the City Code at the time a building permit is issued.
SIPA. A Site Improvement Performance Agreement (SIPA) is required by Section 11-9-7 of the
Zoning Ordinance to provide for construction of the project improvements within the subject
site. The City Attorney will draft the required documents, which are subject to approval by
resolution of the City Council concurrent with the Conditional Use Permit application.
RECOMMENDATION
The proposed Les Schwab Tire Center is an allowed use based on the guidance of the
Comprehensive Plan and requirements of the Zoning Ordinance. The propose development
complies with the requirements for such uses as established by the Zoning Ordinance. Our
office recommends approval of the application as outlined below.
POSSIBLE ACTIONS
A. Motion to recommend approval of a Conditional Use Permit for Les Schwab Tire Center,
subject to the following conditions:
1. The subject site shall be developed in accordance with the site and building plans
submitted to the City subject to the stipulations, limitations, and conditions as
approved by the City Council in accordance with Section 11-9-4 of the Zoning
Ordinance.
2. Operations:
a. The allowed hours of operation shall be between 7:00AM to 10:00PM.
b. All repair activities shall be conducted within the principal building and
overhead doors to the service bays shall be closed at all times, except
when moving vehicles in and out.
c. Storage of all flammable materials, including liquids and rags shall conform
with the applicable provisions of the Minnesota State Fire Code.
8
d. All vehicles shall be stored completely inside the principal building between
the hours of 10:00PM and 7:00AM except for a designated overnight
parking stalls to be shown on the site plan, subject to approval of the City
Council.
3. The construction specifications for the off-street parking area are to be subject
to review and approval of the City Engineer.
4. The site plan shall be revised to provide for a five-foot wide concrete sidewalk
along the south side of the driveway access to Parkview Avenue, subject to
review and approval of the Zoning Administrator.
5. The exterior lighting plan shall be revised subject to review and approval by the
Zoning Administrator to conform with the following:
a. All exterior lighting fixtures shall have a 90 degree horizontal cut-off.
b. The intensity of exterior lighting shall not exceed 0.4 foot-candles at the
north, east, or south property lines.
c. The intensity of exterior lighting shall not exceed 0.0 foot-candles at the
west property line.
6. The exterior materials and design of the waste container enclosure shall comply
with Section 11-18-4 of the Zoning Ordinance, subject to review and approval of
the Zoning Administrator.
7. All signs shall comply with Chapter 37 of the Zoning Ordinance and shall require
issuance of a sign permit subject to review and approval of the Zoning
Administrator.
8. A landscape plan shall be submitted as required by Section 11-19-2 and Section
11-19-3 of the Zoning Ordinance, which is to be subject to review and approval
of the Zoning Administrator.
9. All grading, drainage, and erosion control plans shall be subject to review and
approval of the City Engineer.
10. All utility plans shall be subject to review and approval of the City Engineer.
11. The developer shall pay Utility Availability Charges for the lot concurrent with
approval of the PUD Development Stage Plan and execution of the Site
Improvement Performance Agreement.
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12. The developer shall pay applicable Utility Connection Charges for the proposed
use at the time a building permit is issued.
13. The developer shall execute a Site Improvement Performance Agreement as
drafted by the City Attorney and subject to approval by resolution of the City
Council concurrent with the Conditional Use Permit application.
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the Comprehensive Plan and requirements of the Zoning Ordinance.
C. Motion to table.
c. Adam Flaherty, City Administrator/Finance Director
Audra Etzel, City Clerk
Ron Wagner, City Engineer
David Kendall, City Attorney
Site Location Map
921 ft
Overview
Legend
Roads
CSAHCL
CTYCL
MUNICL
PRIVATECL
TWPCL
Highways
Interstate
State Hwy
US Hwy
City/Township Limits
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Parcels
27246NCONTACTSCITY OF OTSEGOOtsego Planning DepartmentContact: Dan LichtOtsego, MN 55330Phone: 612-991-2230Email: ddl@planning co.comCIVIL ENGINEERGraham Engineering LLCContact: Zack Graham, PEBozeman, MT 59718Phone: 406-624-2686Email: zack@grahameng.comLAND SURVEYORStantec, Inc.Steven L. Hough, PLSPlymouth, MN 55447Phone: 612-991-9989Email: steve.hough@stantec.comCONDITIONAL USE PERMIT DRAWINGSPREPARED FORLES SCHWAB TIRE CENTER8690 PARKVIEW AVE NE, OTSEGO, MN 55330SHEET INDEXSHEET DISCRIPTIONC001 COVER SHEETC020 PHASE 1 E&SC PLANC021PHASE 2 E&SC PLANC022 E&SC DETAILSC100 SITE PLANC200 GRADING PLANL100* LANDSCAPE LAYOUT*L200*LANDSCAPE DETAILS*A2.1 EXTERIOR ELEVATIONSA2.2EXTERIOR ELEVATIONSE1* SITE PHOTOMETRIC PLAN*E2* SITE FIXTURE CUTS SHEETS*87TH ST NEPROJECT SITE85TH ST NEPARRISH AVE NE87TH ST NEGEOTECHNICALBraun IntertecContact: Charles Dickhut, PEBismarck, ND 58504Phone: 701-934-1618wdickhut@braunintertec.comLANDSCAPELand Design, IncContact: Pete Boyle, PLAWest Fargo, ND 58078Phone: 701-271-2108Email: pete.boyle@kjleng.comARCHITECTPSArchitects, LLPNathan Coombs, NCARBBoise, ID 83703Phone: 208-345-1462Email: nate_c@psarch.comVICINITY MAP(NOT TO SCALE)LOCATION MAP040SCALE IN FEET80DRAWING:Print Date: Copyright 2023, Graham Engineering LLC2/26/2024 3:03 PMC:\USERS\DENNYKIELY\DC\ACCDOCS\ZACK@GRAHAMENG.COM\LES SCHWAB - OTSEGOMN\PROJECT FILES\LES SCHWAB - OTSEGOMN_C001.DWGDRAWING NUMBER:Checked:Drawn:PROJECT NO:GRAHAM ENGINEERING LLCDATE DESCRIPTIONREVISIONSThis drawing and all related documents (including those on electronic media) were prepared by GRAHAMENGINEERING LLC, except as noted otherwise herein, as instruments of service, and shall remain the property ofGRAHAM ENGINEERING LLC. The information shown herein shall be used only by the client to whom the service arerendered and only for the purpose of constructing or installing the work as shown at the designated location and site.Any other use of said documents, including (without limitation) any reproduction or alteration, is strictly prohibited, andthe user shall hold harmless and indemnify GRAHAM ENGINEERING LLC from all liabilities which may arise fromsuch unauthorized use. Such use hall cause the waiver of expressed or implied warranties and shall serve anyliabilities which may arise from construction, use or result of such unauthorized use or changes.ORIGINAL DATE:PERMIT DATE:IFC DATE:02.26.20242####_CLIENTST_NAMEOTSEGO, MN8690 PARKVIEW AVE NEDJKZWGC001LES SCHWAB TIRE CENTERSCOVER SHEETPARKVIEW AVE NE
PARRISH AVE NE
PARKVIEW AVE NE*SHEETS TO BE SUBMITTED AT A LATER DATEPRELIMINARY -NOT FORCONSTRUCTIONFORJURISDICTIONALREVIEW ONLY
L=7.966, R=5.000'=091.2819S89° 51' 25.18"E403.568S36° 43' 37.18"E50.000S00° 08' 34.82"W188.411N89° 51' 31.79"W426.537N04° 47' 16.18"W92.643N01° 08' 19.95"W95.431N01° 08' 19.95"W95.431DRAWING:Print Date: Copyright 2023, Graham Engineering LLC2/26/2024 8:51 AMC:\USERS\TONYRHODES\DC\ACCDOCS\ZACK@GRAHAMENG.COM\LES SCHWAB - OTSEGOMN\PROJECT FILES\LES SCHWAB - OTSEGOMN_C020.DWGDRAWING NUMBER:Checked:Drawn:PROJECT NO:GRAHAM ENGINEERING LLCDATE DESCRIPTIONREVISIONSThis drawing and all related documents (including those on electronic media) were prepared by GRAHAMENGINEERING LLC, except as noted otherwise herein, as instruments of service, and shall remain the property ofGRAHAM ENGINEERING LLC. The information shown herein shall be used only by the client to whom the service arerendered and only for the purpose of constructing or installing the work as shown at the designated location and site.Any other use of said documents, including (without limitation) any reproduction or alteration, is strictly prohibited, andthe user shall hold harmless and indemnify GRAHAM ENGINEERING LLC from all liabilities which may arise fromsuch unauthorized use. Such use hall cause the waiver of expressed or implied warranties and shall serve anyliabilities which may arise from construction, use or result of such unauthorized use or changes.ORIGINAL DATE:PERMIT DATE:IFC DATE:02.26.202423013_LSMN_OTSEGOOTSEGO, MN8690 PARKVIEW AVE NETMRZWGC020LES SCHWAB TIRE CENTERSPH1 E&SC PLAN030SCALE IN FEET60NPARRISH AVE NEPARKVIEW AVE NEUNDEVELOPEDPARCEL NUMBER:11836002801087TH STREETRESIDENTIALPARCEL NUMBER:118360000310RESIDENTIALPARCEL NUMBER:118360000280RESIDENTIALPARCELNUMBER:11836000024087TH LN NEPARCEL NUMBER:118360000120EXISTINGRETENTION PONDPARCEL NUMBER:118360000010EXISTINGAGRICULTURALPARCEL NUMBER:118500221301LEGENDLIMITS OF DISTURBANCESILT FENCEGENERAL FLOW PATHSTABILIZED CONSTRUCTION ENTRANCESOIL STOCKPILEMATERIALS HANDLING AREA-5.00%SLOPEINLET PROTECTIONLANDSCAPED AREACONCRETEASPHALTKEYNOTESSILT FENCE - SEE 1/C022CONCRETE WASHOUT - SEE 2/C022CONSTRUCTION ENTRANCE - SEE 3/C022123PRELIMINARY -NOT FORCONSTRUCTIONFORJURISDICTIONALREVIEW ONLYRESTROOM AREAMATERIALS HANDLINGAND EQUIPMENTSTORAGE AREASOIL STOCKPILE.COVER OR STABILIZETRASH COLLECTIONAREA321
27246WL=7.966, R=5.000'=091.2819S89° 51' 25.18"E403.568S36° 43' 37.18"E50.000S00° 08' 34.82"W188.411N89° 51' 31.79"W426.537N04° 47' 16.18"W92.643N01° 08' 19.95"W95.431N01° 08' 19.95"W95.431860861862863864865866867869868870871872873874875867868867868868867868867
866865866867867865DRAWING:Print Date: Copyright 2023, Graham Engineering LLC2/26/2024 10:11 AMC:\USERS\TONYRHODES\DC\ACCDOCS\ZACK@GRAHAMENG.COM\LES SCHWAB - OTSEGOMN\PROJECT FILES\LES SCHWAB - OTSEGOMN_C021.DWGDRAWING NUMBER:Checked:Drawn:PROJECT NO:GRAHAM ENGINEERING LLCDATE DESCRIPTIONREVISIONSThis drawing and all related documents (including those on electronic media) were prepared by GRAHAMENGINEERING LLC, except as noted otherwise herein, as instruments of service, and shall remain the property ofGRAHAM ENGINEERING LLC. The information shown herein shall be used only by the client to whom the service arerendered and only for the purpose of constructing or installing the work as shown at the designated location and site.Any other use of said documents, including (without limitation) any reproduction or alteration, is strictly prohibited, andthe user shall hold harmless and indemnify GRAHAM ENGINEERING LLC from all liabilities which may arise fromsuch unauthorized use. Such use hall cause the waiver of expressed or implied warranties and shall serve anyliabilities which may arise from construction, use or result of such unauthorized use or changes.ORIGINAL DATE:PERMIT DATE:IFC DATE:02.26.202423013_LSMN_OTSEGOOTSEGO, MN8690 PARKVIEW AVE NETMRZWGC021LES SCHWAB TIRE CENTERSPH2 E&SC PLAN030SCALE IN FEET60NPARRISH AVE NEPARKVIEW AVE NEUNDEVELOPEDPARCEL NUMBER:11836002801087TH STREETRESIDENTIALPARCEL NUMBER:118360000310RESIDENTIALPARCEL NUMBER:118360000280RESIDENTIALPARCELNUMBER:11836000024087TH LN NEPARCEL NUMBER:118360000120EXISTINGRETENTION PONDPARCEL NUMBER:118360000010EXISTINGAGRICULTURALPARCEL NUMBER:118500221301RESTROOM AREAMATERIALS HANDLINGAND EQUIPMENTSTORAGE AREASOIL STOCKPILE.COVER OR STABILIZETRASH COLLECTIONAREALEGENDLIMITS OF DISTURBANCESILT FENCE - SEE DETAIL 1/C022GENERAL FLOW PATHSTABILIZED CONSTRUCTION ENTRANCE - SEE DETAIL 3/C022SOIL STOCKPILEMATERIALS HANDLING AREA-5.00%SLOPEINLET PROTECTION - SEE DETAIL 4/C022LANDSCAPED AREACONCRETEASPHALTKEYNOTESSILT FENCE - SEE 1/C022CONCRETE WASHOUT - SEE 2/C022CONSTRUCTION ENTRANCE - SEE 3/C022INLET PROTECTION - SEE 4/C02212343214PRELIMINARY -NOT FORCONSTRUCTIONFORJURISDICTIONALREVIEW ONLY4
PRELIMINARY -NOT FORCONSTRUCTIONFORJURISDICTIONALREVIEW ONLYSCALE: NTSSCALE: NTSSCALE: NTSSLOPE 2.5% MIN.SUMPLINED WITH10 MIL PLASTIC15' MIN.10' MIN.6" WASHED STONELIMITS OF 10 MILPLASTIC LININGSTRAW BALE(TYP.)LIMITS OF 10 MILPLASTIC LININGLIMITS OF 10 MIL PLASTIC LININGAASECTION A-ASLOPE 2.5% MIN.KEY IN REMOVABLE LINING6" WASHED STONE10 MIL PLASTIC LINING10 MIL PLASTIC LINING10 MIL PLASTIC LININGSTAKE (2X4, (2) PER BALE)STRAW BALE10 MIL PLASTICLINER24"MIN.ALTERNATE SECTIONSUMP10 MILPLASTIC LINING3/4" WASHED STONE8"8"8"ALL CONCRETETRUCKS SHALLWASHOUT HEREWASHOUT SIGNPLANNOTES:1. PIT IS SPECIFICALLY DESIGNATED, DIKED, AND IMPERVIOUS CONTAINMENT TO PREVENT CONTACT BETWEEN CONCRETEWASH AND STORMWATER.2. WASH WATER SHALL NOT BE ALLOWED TO FLOW TO SURFACE WATER.3. FACILITY MUST HOLD SUFFICIENT VOLUME TO CONTAIN CONCRETE WASTE WITH A MINIMUM FREEBOARD OF 12".4. WASHOUT SHALL BE CLEANED OR ADDITIONAL FACILITIES CONSTRUCTED WHEN FACILITY IS 75% FULL, OR THERE ISLESS THAN 4" OF FREEBOARD FOR AN ABOVEGROUND FACILITY OR 12" OF FREEBOARD FOR A BELOWGRADE FACILITY.5. SAWCUT PORTLAND CEMENT CONCRETE, RESIDUE FROM SAWCUT & GRINDING TO BE DISPOSED OF IN THE PIT.6. CONCRETE WASHOUTS SHALL BE LOCATED A MINIMUM OF 100' FROM DRAINAGE WAYS, INLETS, & SURFACE WATERS.7. MANUFACTURED CONCRETE WASHOUT DEVICES MAY BE USED IF REMOVED FROM THE SITE WHEN 95% FULL CAPACITY.SCALE: NTSDRAWING:Print Date:Copyright 2024, Graham Engineering LLC2/26/2024 10:54 AMC:\USERS\DENNYKIELY\DC\ACCDOCS\ZACK@GRAHAMENG.COM\LES SCHWAB - OTSEGOMN\PROJECT FILES\LES SCHWAB - OTSEGOMN_C022.DWGDRAWING NUMBER:Checked:Drawn:PROJECT NO:GRAHAM ENGINEERING LLCDATE DESCRIPTIONREVISIONSThis drawing and all related documents (including those on electronic media) were prepared by GRAHAMENGINEERING LLC, except as noted otherwise herein, as instruments of service, and shall remain the property ofGRAHAM ENGINEERING LLC. The information shown herein shall be used only by the client to whom the service arerendered and only for the purpose of constructing or installing the work as shown at the designated location and site.Any other use of said documents, including (without limitation) any reproduction or alteration, is strictly prohibited, andthe user shall hold harmless and indemnify GRAHAM ENGINEERING LLC from all liabilities which may arise fromsuch unauthorized use. Such use hall cause the waiver of expressed or implied warranties and shall serve anyliabilities which may arise from construction, use or result of such unauthorized use or changes.ORIGINAL DATE:PERMIT DATE:IFC DATE:2.26.202423013_LSMN_OTSEGOOTSEGO, MN8690 PARKVIEW AVE NEDJKZWGC022LES SCHWAB TIRE CENTERSE&SC DETAILS
L=7.966, R=5.000'=091.2819S89° 51' 25.18"E403.568S36° 43' 37.18"E50.000S00° 08' 34.82"W188.411N89° 51' 31.79"W426.537N04° 47' 16.18"W92.643N01° 08' 19.95"W95.431N01° 08' 19.95"W95.4312724UGE6GASGASUGEUGEUGEFOWDRAWING:Print Date: Copyright 2024, Graham Engineering LLC2/26/2024 3:31 PMC:\USERS\DENNYKIELY\DC\ACCDOCS\ZACK@GRAHAMENG.COM\LES SCHWAB - OTSEGOMN\PROJECT FILES\LES SCHWAB - OTSEGOMN_C100.DWGDRAWING NUMBER:Checked:Drawn:PROJECT NO:GRAHAM ENGINEERING LLCDATE DESCRIPTIONREVISIONSThis drawing and all related documents (including those on electronic media) were prepared by GRAHAMENGINEERING LLC, except as noted otherwise herein, as instruments of service, and shall remain the property ofGRAHAM ENGINEERING LLC. The information shown herein shall be used only by the client to whom the service arerendered and only for the purpose of constructing or installing the work as shown at the designated location and site.Any other use of said documents, including (without limitation) any reproduction or alteration, is strictly prohibited, andthe user shall hold harmless and indemnify GRAHAM ENGINEERING LLC from all liabilities which may arise fromsuch unauthorized use. Such use hall cause the waiver of expressed or implied warranties and shall serve anyliabilities which may arise from construction, use or result of such unauthorized use or changes.ORIGINAL DATE:PERMIT DATE:IFC DATE:02.26.202423013_LSMN_OTSEGOOTSEGO, MN8690 PARKVIEW AVE NETMRZWGC100LES SCHWAB TIRE CENTERSSITE PLANLEGENDLANDSCAPED AREACONCRETE PAVEMENT - SEE DETAIL 3/C400REGULAR DUTY ASPHALT PAVEMENT - SEE DETAIL 1/C400HEAVY DUTY ASPHALT PAVEMENT - SEE DETAIL 2/C400SITE DATA BLOCK030SCALE IN FEET60NSCALE: 1" = 10'1C100EXISTING 10' DRAINAGE &UTILITY EASEMENTPARRISH AVE NEPARKVIEW AVE NEUNDEVELOPEDPARCEL NUMBER:11836002801087TH STREETRESIDENTIALPARCEL NUMBER:118360000310RESIDENTIALPARCEL NUMBER:118360000280RESIDENTIALPARCELNUMBER:11836000024087TH LN NEPARCEL NUMBER:118360000120EXISTINGRETENTION PONDPARCEL NUMBER:118360000010EXISTINGAGRICULTURALPARCEL NUMBER:118500221301KEYNOTES1.5" COPPER DOMESTIC SERVICE8" DUCTILE IRON FIRE SERVICEFIRE DEPARTMENT CONNECTIONSTORM INLET. SEE C200.STORM MANHOLE. SEE C200.6" SDR 26 PVC SEWER SERVICE1,000 GALLON SAND OIL INTERCEPTORASPHALT TRAIL PAVEMENTTRANSFORMER PAD LOCATIONKEY KEEPER KEY DROP12345678BENCHTRASH RECEPTACLEADA STRIPINGBOLLARD (9)ADA PARKING SIGNNO PARKING SIGNCONCRETE PAVEMENTREGULAR DUTY ASPHALT PAVEMENTHEAVY DUTY ASPHALT PAVEMENT16' X 12' TRASH ENCLOSURE11121314151617918191020PROPOSEDPOLE SIGNPRELIMINARY -NOT FORCONSTRUCTIONFORJURISDICTIONALREVIEW ONLY88.28'R15.00'43.17'R3.00'18.73'240.00'19.03'R3.00'6.06'R3.00'18.46'40.00'5.00'40.56'R15.00'90.43'4.00'R3.00'R3.00'34.00'10.00'17.00'R3.00'R25.00'12.00'R3.00'R3.00'12.00'17.00'25.00'23.00'38.63'243.67'267.69'42.00'75.71'45.00'5.00'58.67'20.00'15.00'40.00'25.00'20.00'(TYP)22.00'50.00'212.67'6.00'15.00'EXISTING 20.00' DRAINAGE &UTILITY EASEMENT5.00'5.00'10.00'(TYP)10.00'(TYP)10111214161513171919181819392022.00'36.00'EXISTING 10' DRAINAGE &UTILITY EASEMENT20.00'(TYP)10.00'(TYP)8PROPOSED 10'ASPHALT TRAILR10.00'R10.00'6.25'5.00'6.25'5.00'1261. BEARINGS SHOWN HEREON ARE BASED ON THE WRIGHT COUNTYCOORDINATE SYSTEM RELATIVE TO THE NAV83(11) CONTROL ADJUSTMENT.2. ELEVATIONS AND CONTOURS SHOWN HERON ARE ESTABLISHEDWITHGPS AND ARE RELATIVE TO THE NGV29 VERITCAL DATUM.PROPOSED 7'TRAIL EASEMENT75544PROPOSED 6'LANDSCAPE BLVDEXISTING FIRE HYDRANT55.79'17
STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTWL=7.966, R=5.000'=091.2819S89° 51' 25.18"E403.568S36° 43' 37.18"E50.000S00° 08' 34.82"W188.411N04° 47' 16.18"W92.643N01° 08' 19.95"W95.431N01° 08' 19.95"W95.431-3.32%-1.30%-3.67%-0.82%-0.80%-2.36%-2.68%-0.53%-7.25%-18.22%-10.91%-11.25%-10.10%-3.28%865860861862863864859866867866865864868868869870871872865
870865860867.12 TBC867.23 TBC867.66 TBC867.74 TBC868.34 TBC868.34 TBC868.18 TBC868.17 TBC868.14 TBC868.12 TBC867.39 TBC867.31 TBC867.52 TBC868.26 TBC867.86 TBC867.86 TBC867.36 TBC867.26 TC867.59 TC867.59 TC867.37 TC867.05 TC867.35 TC867.35 TC867.35 TC867.65 TC867.23 TBC867.73 TBC866.81 TBC866.10 TBC868.40 TBC868.14 TBC867.70 TBC868.09 TBC867.65 TBC866.81 TC867.11 TBC867.16 TBC867.50 TBC867.52 TBC867.55 TBC867.60 TBC867.78 TBC867.47 TBC867.45 TBC867.19 TBC867.05 TBC867.29 TBC867.31 TBC867.22 TBC867.29 TBC867.24 TBC867.05 TBC867.86 TC867.41 TC867.41 TC867.41 TC865.27 TC864.65 TC864.66 TC865.27 TC865.27 TC865.27 TC867.41 TC867.86 TC867.38 TC-3.05%-3.00%-4.72%-6.04%-1.93%-2.44%-2.29%868.64 TBC866.62 TBC866.05 TBC866.05 TBC866.62 TBC865.96 FL867.17 TBC866.65 TBC866.64 TBC867.15 TBC866.62 FL867.53 TC MEG867.33 TA MEG867.07 TA MEG867.49 TC MEG864.13 TA864.08 TA864.59 TA864.83 TA864.48 TC MEG864.77 TC MEG867867867868867867868868867866865868868867866 N89° 51' 31.79"W426.537DRAWING:Print Date: Copyright 2024, Graham Engineering LLC2/26/2024 3:24 PMC:\USERS\DENNYKIELY\DC\ACCDOCS\ZACK@GRAHAMENG.COM\LES SCHWAB - OTSEGOMN\PROJECT FILES\LES SCHWAB - OTSEGOMN_C200.DWGDRAWING NUMBER:Checked:Drawn:PROJECT NO:GRAHAM ENGINEERING LLCDATE DESCRIPTIONREVISIONSThis drawing and all related documents (including those on electronic media) were prepared by GRAHAMENGINEERING LLC, except as noted otherwise herein, as instruments of service, and shall remain the property ofGRAHAM ENGINEERING LLC. The information shown herein shall be used only by the client to whom the service arerendered and only for the purpose of constructing or installing the work as shown at the designated location and site.Any other use of said documents, including (without limitation) any reproduction or alteration, is strictly prohibited, andthe user shall hold harmless and indemnify GRAHAM ENGINEERING LLC from all liabilities which may arise fromsuch unauthorized use. Such use hall cause the waiver of expressed or implied warranties and shall serve anyliabilities which may arise from construction, use or result of such unauthorized use or changes.ORIGINAL DATE:PERMIT DATE:IFC DATE:02.26.202423013_LSMN_OTSEGOOTSEGO, MN8690 PARKVIEW AVE NETMRZWGC200LES SCHWAB TIRE CENTERSGRADING PLAN030SCALE IN FEET60NEXISTING 10' DRAINAGE &UTILITY EASEMENTEXISTING 10' DRAINAGE &UTILITY EASEMENTEXISTING 20' DRAINAGE &UTILITY EASEMENTPARRISH AVE NEPARKVIEW AVE NEUNDEVELOPEDPARCEL NUMBER:11836002801087TH STREETRESIDENTIALPARCEL NUMBER:118360000310RESIDENTIALPARCEL NUMBER:118360000280RESIDENTIALPARCELNUMBER:11836000024087TH LN NEPARCEL NUMBER:118360000120EXISTINGRETENTION PONDPARCEL NUMBER:118360000010EXISTINGAGRICULTURALPARCEL NUMBER:118500221301CONSTRUCTION NOTES1. SITE GRADING SHALL NOT PROCEED UNTIL THE SWPPP HAS BEENIMPLEMENTED.2. ALL EARTHWORK AND GRADING SHALL PROCEED IN ACCORDANCEWITH THE GEOTECHNICAL REPORT PREPARED FOR THIS PROJECTBY BRAUN INTERTEC CORPORATION DATED OCTOBER 24, 2023.3. NO MATERIAL SHALL BE EXCAVATED, MOVED, OR COMPACTEDWITHOUT THE PRESENCE OF AUTHORIZATION OF THE OWNER'SREPRESENTATIVE.4. THE CONTRACTOR IS RESPONSIBLE TO VERIFY EXISTINGCONDITIONS AND LOCATE ALL EXISTING UTILITIES PRIOR TOCOMMENCING EARTH MOVING OPERATIONS. NOTIFY ENGINEER OFANY UNFORESEEN CONDITIONS.5. CONTRACTOR TO PROTECT ALL EXISTING UTILITIES, SIGNS ANDEXISTING STRUCTURES AND REPAIR BACK TO ORIGINAL CONDITIONIF DAMAGE HAS OCCURRED DURING CONSTRUCTION.6. PROVIDE POSITIVE DRAINAGE AWAY FROM ALL STRUCTURES.7. GRADES SHOWN REPRESENT FINISH GRADES UNLESS OTHERWISENOTED.8. CONTRACTOR SHALL COMPLY TO THE FULLEST EXTENT WITH THELATEST STANDARDS OF OSHA DIRECTIVE OR ANY OTHER AGENCYHAVING JURISDICTION FOR EXCAVATION AND TRENCHING.9. THE EARTHWORK FOR ALL BUILDING FOUNDATIONS AND SLABSSHALL BE IN ACCORDIANCE WITH BUILDING PLANS ANDSPECIFICATIONS.10. THE CONTRACTOR IS RESPONSIBLE TO CALL 1-800-424-5555 (OR 811)AT LEAST 2 WORKING DAYS PRIOR TO ANY EARTH DISTURBINGACTIVITIES OR UTILITY EXCAVATIONS.11. THE CONTRACTOR SHALL REMOVE AND DISPOSE OF THE TOP 6" OFSOIL IN ACCORDANCE WITH THE GEOTECHNICAL REPORT AS WELLAS ANY HYDROCARBON STAINED SOIL BELOW THAT ELEVATION.CONTRACTOR TO PROVIDE CHAIN OF CUSTODY DOCUMENTATION TOLES SCHWAB FOR THE FINAL DISPOSAL OF MATERIAL.LEGENDSPOT SLOPEPROP. MAJOR CONTOUR - 5' INTERVALPROP. MINOR CONTOUR - 1' INTERVALEX. MAJOR CONTOUR - 5' INTERVALEX. MINOR CONTOUR - 1' INTERVALBREAKLINEELEVATION - TOP OF CONCRETEELEVATION - TOP BACK OF CURBELEVATION - SURFACE RIMELEVATION - MATCH EXISTING GRADEELEVATION - FLOWLINE2.00%193519345966.19 TBCSPOT GRADEFEATUREINDICATORSPOT GRADE193519345966.19 TC5966.19 TBC5966.19 RIM5966.19 MEG5966.19 FLKEYNOTES1234567STORMWATER DROP MANHOLERIM: 866.534'N INV EL IN (12"): 862.533'S INV EL OUT (12"): 862.400'STORMWATER DROP MANHOLERIM: 867.00'N INV EL IN (12"): 862.873'W INV EL IN (12"): 863.870'S INV EL OUT (12"): 862.750'TYPE 2 CURB INLETRIM: 865.601'S INV EL OUT (12"): 862.600'TYPE 2 AREA INLETRIM: 865.958'E INV EL OUT (12"): 863.600'6" STORMWATER CLEANOUT4" ROOF DOWNSPOUNT (TYP 4)15" HDPE STORM PIPE @ 0.5%(77.80 LF)15" HDPE STORM PIPE @0.5% (64.17 LF)15" HDPE STORM PIPE @ 1.20% (59.25 LF)12" HDPE STORM PIPE @ 1.07% (172.18 LF)12" HDPE STORM PIPE @ 0.5% (10.00 LF)12" HDPE STORM PIPE @ 1.75% (133.70 LF)3' VALLEY GUTTER @ 0.5%5' CURB CUT1PRELIMINARY -NOT FORCONSTRUCTIONFORJURISDICTIONALREVIEW ONLY268910789101112LES SCHWAB TIRE CENTER10,745 SF867.746 FFE341112131414141. BEARINGS SHOWN HEREON ARE BASED ON THE WRIGHT COUNTYCOORDINATE SYSTEM RELATIVE TO THE NAV83(11) CONTROL ADJUSTMENT.2. ELEVATIONS AND CONTOURS SHOWN HERON ARE ESTABLISHEDWITHGPS AND ARE RELATIVE TO THE NGV29 VERITCAL DATUM.5EX. CURB INLET RECEIVINGBASIN 5OS RUNOFFRIM: 863.35'INV EL IN (15" N): 859.42'INV EL OUT (15" SE): 859.42'EX. CURB INLET RECEIVINGBASIN 6OS RUNOFFRIM: 863.35'INV EL IN (15" N): 859.42'INV EL OUT (15" SE): 859.42'EX. 15" RCP STORM PIPESEE EXH 1.1 & 1.2 FORCAPACITYEX. 36" RCP STORM PIPESEE EXH 2.1 & 2.2 FORCAPACITY100-YR EVENTHIGH WATER LINEEL: 864.51'13C.O.
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I hereby certify that this plan, specification, or report was preparedby me or under my direct supervision and that I am a duly LicensedProfessional Engineer under the laws of the state of Minnesota. Signature:___________________Typed or Printed Name:_Bruno Loza_______Date:______________ License Number:____62048____//_________________________________________________________________________________tdNB
I hereby certify that this plan, specification, or report was preparedby me or under my direct supervision and that I am a duly LicensedProfessional Engineer under the laws of the state of Minnesota. Signature:___________________Typed or Printed Name:_Bruno Loza_______Date:______________ License Number:____62048____//____________________________________________________________________tdNB
v1-19Mar24 1
FINDINGS OF FACT & DECISION
CONDITIONAL USE PERMIT/SITE & BUILDING PLANS
APPLICANT: Les Schwab Tire Center
APPLICATION: Request for a Conditional Use Permit and Site and Building Plan Review for a minor auto
repair use.
CITY COUNCIL MEETING: 8 April 2024
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes
the following findings of fact:
A. The legal description of the property is:
Lot 1, Block 27, Parrish Meadows
B. The property lies within the East Sewer District and is guided for Commercial land uses by the 2023
Otsego Comprehensive Plan.
C. The property is zoned B1, Retail Business District.
D. The applicant is proposing a minor auto repair use; minor auto repair uses are allowed in the B1 District
as a conditional use.
E. The Planning Commission and City Council must take into consideration the possible effects of the
request with their judgment based upon (but not limited to) the criteria outlined in Section 11-4-2.F of
the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Finding: The 2023 Comprehensive Plan guides the subject site commercial land use as part of
the City’s primary retail, service, and office area within the community. The proposed minor
auto repair expands serves businesses for local and regional patrons consistent with the
intended land uses for this commercial area. The proposed use is consistent with the
recommendations of the 2023 Comprehensive Plan.
v1-19Mar24 2
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The subject site is located at what the PUD Design Guidelines identify as the gateway
to the Great River Center of Otsego and access to the primary anchor tenant. The table below
outlines the existing and planned land uses surrounding the subject site.
Direction Land Use Plan Zoning Map Existing Use
North Commercial B1 District ALDI
East Commercial PUD District Wings Financial
Tires Plus
South Commercial A1 District Farmstead
West MHD Residential R6 District Townhouses
The proposed minor auto repair use at this location expands service businesses within the City’s
primary commercial area, as well as creates opportunity for business interchange with other
uses in the area. Minor auto repair uses do have inherent characteristics such as noise an d
outdoor storage of vehicles that can affect compatibility with surrounding uses. It is therefore
necessary through the Conditional Use Permit process to ensure that the proposed use will be
compatible and complimentary to existing and planned land uses in the area by requiring
conditions to mitigate potential negative effects of the use.
3. The proposed use's conformity with all performance standards contained within the Zoning
Ordinance and other provisions of the City Code.
Finding: The proposed use will comply with the requirements of the Zoning Ordinance.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the property.
Finding: The subject site is accessed by Parrish Avenue (CSAH 42) via and 87 th Street and
Parkview Avenue. The Transportation Plan designates Parrish Avenue (CSAH 42) as a minor
arterial street and 87th Street and Parkview Avenue as local commercial streets. Future
development in the area will provide connection of Parkview Avenue to 90th Street (CSAH 39)
and 85th Street further dispersing traffic in the area. respectively, designated by the
Transportation Plan. The streets accessing the property have adequate capacity to
accommodate traffic generated by the proposed use.
5. The proposed use can be accommodated by existing public services and facilities and will not
overburden the City's service capacity.
Finding: The proposed use is to be developed within the East Sewer District where the City has
established infrastructure and service capacity necessary to support the proposed use.
F. The Request for Council Action dated 8 April 2024 prepared by the City Planner, The Planning Company
LLC, is incorporated herein.
G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 6 March 2024
to consider the application, preceded by published and mailed notice; based upon review of the
application and evidence received, the public hearing was closed and the Planning Commission
recommended by a 7-0 vote that the City Council approve the request based on the aforementioned
findings.
v1-19Mar24 3
DECISION: Based on the foregoing information and applicable ordinances, the requested is hereby APPROVED,
subject to the following conditions:
1. The subject site shall be developed in accordance with the site and building plans submitted to the
City subject to the stipulations, limitations, and conditions as approved by the City Council in
accordance with Section 11-9-4 of the Zoning Ordinance.
2. Operations:
a. The allowed hours of operation shall be between 7:00AM to 10:00PM.
b. All repair activities shall be conducted within the principal building and overhead doors to
the service bays shall be closed at all times, except when moving vehicles in and out.
c. Storage of all flammable materials, including liquids and rags shall conform with the
applicable provisions of the Minnesota State Fire Code.
d. All vehicles shall be stored completely inside the principal building between the hours of
10:00PM and 7:00AM except for a designated overnight parking stalls to be shown on the
site plan, subject to approval of the City Council.
3. The construction specifications for the off-street parking area are to be subject to review and
approval of the City Engineer.
4. The site plan shall be revised to provide for a five-foot wide concrete sidewalk to access 87th Street,
subject to review and approval from the Zoning Administrator.
5. The exterior lighting plan shall be revised subject to review and approval by the Zoning Administrator
to conform with the following:
a. All exterior lighting fixtures shall have a 90 degree horizontal cut-off.
b. The intensity of exterior lighting shall not exceed 0.4 foot-candles at the north, east, or south
property lines.
c. The intensity of exterior lighting shall not exceed 0.0 foot-candles at the west property line.
6. The exterior materials and design of the waste container enclosure shall comply with Section 11-18-4
of the Zoning Ordinance, subject to review and approval of the Zoning Administrator.
7. All signs shall comply with Chapter 37 of the Zoning Ordinance and shall require issuance of a sign
permit subject to review and approval of the Zoning Administrator.
8. A landscape plan shall be submitted as required by Section 11-19-2 and Section 11-19-3 of the Zoning
Ordinance, which is to be subject to review and approval of the Zoning Administrator.
9. All grading, drainage, and erosion control plans shall be subject to review and approval of the City
Engineer.
10. All utility plans shall be subject to review and approval of the City Engineer.
v1-19Mar24 4
11. The developer shall pay Utility Availability Charges for the lot concurrent with approval of the PUD
Development Stage Plan and execution of the Site Improvement Performance Agreement.
12. The developer shall pay applicable Utility Connection Charges for the proposed use at the time a
building permit is issued.
13. The developer shall execute a Site Improvement Performance Agreement as drafted by the City
Attorney and subject to approval by resolution of the City Council concurrent with the Conditional
Use Permit application.
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v1-19Mar24 5
ADOPTED by the Otsego City Council this 8th day of April, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2024-34
APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT
LES SCHWAB TIRE CENTER
WHEREAS, Les Schwab Tire Center is proposing development of Lot 1, Block 27, Parrish Meadows; and
WHEREAS, zoning applications for the development were approved on 8 April 2024 by the City Council; and
WHEREAS, Section 11-9-4 of the Zoning Ordinance requires the developer to enter into a Site Improvement Performance
Agreement to provide the City construction and warranty securities for the public and private improvements and to
provide the City various remedies in the event that the developer breaches the terms and conditions of said agreement;
and
WHEREAS, those obligations are outlined and memorialized in the attached Site Improvement Performance Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. The Development Contract attached hereto between the City of Otsego and Java Otsego Retail 2.0 LLC is hereby
approved in form subject to modification of fees, charges, and securities as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the Site Improvement Performance Agreement on behalf
of the City of Otsego.
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2
ADOPTED by the Otsego City Council this 8th day of April, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
1
230545v1 Lot 1, Block 27, Parrish Meadows
(reserved for recording information)
SITE IMPROVEMENT PERFORMANCE
AGREEMENT
(LOT 1, BLOCK 27, PARRISH MEADOWS)
THIS SITE IMPROVEMENT PERFORMANCE AGREEMENT (“Agreement”) dated
____________________, 2024, by and between the CITY OF OTSEGO, a Minnesota municipal
corporation (“City”) and JAVA OTSEGO RETAIL 2.0 LLC, a Minnesota limited liability company (the
“Developer”).
1. BACKGROUND.
A. The Developer has submitted to the City a site plan and conditional use permit
application for property in the City of Otsego, Minnesota, legally described as Lot 1, Block 27, Parrish
Meadows, Wright County, Minnesota according to the recorded plat thereof (hereinafter referred to
as the “Subject Property”).
B. The development of the above described property includes the construction of a
minor auto repair and service facility located between Parrish Avenue (CSAH 42) to the east, Parkview
Avenue to the West, and 87th Street to the South.
2. CONDITIONS OF APPROVAL. This Agreement is a condition of City site plan approval
and will be recorded against the Subject Property.
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230545v1 Lot 1, Block 27, Parrish Meadows
3. PLANS. The Subject Property shall be developed in accordance with the following plans
which are on file with the City. The plans shall not be attached to this Agreement. If the plans vary from
the written terms of this Agreement, the written terms shall control. The plans are:
Plan A – Site Plan
Plan B – Grading and Drainage and Erosion Control Plan
Plan C – Plans and Specifications for Public Improvements
Plan D – Utility Plan
Plan E – Landscape Plan
Plan F – New Building Floor Plan
Plan G – New Building Elevations Plan
Plan H – Lighting Photometric Plan
No work can occur outside of the areas indicated on the plans without modifying this
Agreement or obtaining a separate grading permit.
4. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Concrete Curb and Gutter
E. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
F. Underground Utilities
G. Setting of Iron Monuments
H. Surveying and Staking
I. Sidewalks
J. Retaining Walls
K. Landscaping
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230545v1 Lot 1, Block 27, Parrish Meadows
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Chapter 6 of
the City Code concerning erosion and sediment control. The Developer shall submit plans and
specifications which have been prepared by a competent Minnesota registered professional engineer to
the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate
field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s
engineer will be able to certify that the construction work meets the approved City standards as a condition
of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense,
have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The
Developer, its contractors and subcontractors, shall follow all instructions received from the City ’s
inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s
engineer is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible “as-
constructed” plans and an electronic file of the “as-constructed” plans in an AutoCAD .DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall
also submit a written notice to the City certifying that the monuments have been installed following site
grading, utility and street construction.
5. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City
Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a twenty five percent (25%) ownership interest or in which they are an officer
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230545v1 Lot 1, Block 27, Parrish Meadows
or director may not act as contractors or subcontractors for the public improvements identified in
Paragraph 8 above.
6. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Wright County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of-Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Otsego for Building Permits, Retaining Walls, Irrigation
I. MDH for water permits
J. MPCA for sewer extension
7. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
8. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by December 31, 2024.
9. STREETS. The Developer agrees to maintain the streets within the Plat until the base course
bituminous surfacing has been accepted by the City. Should the City be required to grade the street prior to
paving, the cost of such grading shall be paid by the Developer and draw from the Developer’s letter of credit.
Should the City determine that snowplowing is necessary prior to final wear course installation, the City will
plow the street(s) prior to acceptance of the streets. The Developer shall hold harmless and indemnify the
City from any and all liability related to snow plowing and shall pay all costs associated with snow plowing.
Any plowing undertaken by the City shall not constitute City acceptance or evidence of acceptance of the
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230545v1 Lot 1, Block 27, Parrish Meadows
street(s) in question. Upon final completion of streets and acceptance by the City, the Developer shall
guarantee to the City for a period of one (1) year the street has been constructed to City standards. The
warranty period shall not commence until such time as street construction is completed and the streets are
accepted as City streets by the City. The one (1) year warranty period set forth above commences upon the
date on which the City accepts the streets by resolution.
Streets indicates any work within the public right of way that touches or impacts City streets.
Developer agrees to provide proper temporary traffic control signage and maintain traffic on Parrish
Avenue and 87th Street NE during construction of entrances and sidewalks associated with the
Development. Developer shall complete all necessary street patching and curbing replacement prior to
June 30, 2024. If Developer fails to complete all necessary street patching and curbing replacement prior to
June 30, 2024, the City shall have the ability to draw on the security provided by the Developer to complete
this work.
10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City
in conjunction with plat development.
11. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If
the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the
erosion control plan and schedule or supplementary instructions received from the City, the City may take
such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in
advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s
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230545v1 Lot 1, Block 27, Parrish Meadows
rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred
for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No
development, utility or street construction will be allowed and no certificate of occupancy will be issued
unless the plat is in full compliance with the approved erosion control plan.
12. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Otsego specifications. Within thirty
(30) days after completion of the grading and before the City approves the certificate of occupancy , the
Developer shall provide the City with an “as-constructed” grading plan certified by a registered land
surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed
on public easements or land owned by the City. The “as-constructed” plan shall include field verified
elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and
elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow
areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and building pads,
and all other items listed in City Code.
The Developer shall post a security for site grading, erosion and sediment control, and wetland
protection in the amount of $6,780.00 which is due upon execution of this Site Improvement Performance
Agreement calculated as follows:
2.26ac. x $3,000/ac. = $6,780.00
13. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
14. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
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230545v1 Lot 1, Block 27, Parrish Meadows
15. LATERAL AND TRUNK WATERMAIN. The Developer shall pay to the City required water
and sewer connection charges. The water and sewer connection charges shall be collected per Section
8-1-6-C of City Code for all uses and must be paid prior to the issuance of a building permit based on the
fee schedule in effect at the time of application for the building permit.
The Developer shall post a security for lateral and trunk watermain in the amount of $21,844.00
which is due upon execution of this Site Improvement Performance Agreement.
16. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and public street construction is restricted to access the subdivision as approved by the
City Engineer.
17. LANDSCAPING. Landscaping shall be installed in accordance with the approved
landscape plan. The Developer shall post a $10,722.00 landscaping security upon execution of this Site
Improvement Performance Agreement to ensure that the landscaping is installed in accordance with the
approved plan.
The Developer shall install an in-ground irrigation system for all yards and planting areas within Lot
1, Block 1, in compliance with Section 5-2-3.C.2 of the City Code.
18. SPECIAL PROVISIONS. The following special provisions shall apply to this Agreement:
A. Implementation of the conditions listed in the Findings of Fact and Decision approved by the
City Council on April 8, 2024.
B. All grading, drainage and erosion control plans shall be subject to review and approval by the
City Engineer.
C. All utility plans shall be subject to review and approval of the City Engineer.
D. The Developer shall pay Utility Availability Charges for the lot concurrent with approval of the
PUD Development Stage Plan and execution of the Site Improvement Performance
Agreement.
E. The Developer shall pay applicable Utility Connection Charges for the proposed use at the time
a building permit is issued.
8
230545v1 Lot 1, Block 27, Parrish Meadows
F. The subject site shall be developed in accordance with the site and building plans submitted to
the City subject to the stipulations, limitations, and conditions as approved by the City Council
in accordance with Section 11-9-4 of the Zoning Ordinance.
G. The Developer shall install a five-foot wide concrete sidewalk with curb and gutter to access
87th Street.
H. Operations:
(1.) Hours of operation shall be between 7:00 AM to 10:00 PM.
(2.) All repair activities shall be conducted within the principal building and overhead doors
to the service bays shall be closed at all times, except when moving vehicles in and out.
(3.) Storage of all flammable materials, including liquids and rags shall conform with the
applicable provisions of the Minnesota State Fire Code.
(4.) All vehicles shall be stored completely inside the principal building or parked in stalls
designated for vehicle drop off to the north and west of the building between the hours
of 10:00 PM and 7:00 AM; there shall be no other outdoor parking upon the subject site
between these hours.
I. Construction specifications for the off-street parking are subject to review and approval of the
City Engineer.
J. The Developer shall submit an exterior lighting plan including photometric measurements of
light intensity and indicating the type, location, and height of all exterior light fixtures compliant
with Section 10-16-10 of the Zoning Ordinance prior to approval of a building permit, subject to
review and approval of the Zoning Administrator.
K. Architectural details of the waste container enclosure shall comply with the requirements of
Section 11-18-4.c of the Zoning Ordinance, subject to review and approval of the Zoning
Administrator.
L. All signs shall comply with Section 11-37-5. C of the Zoning Ordinance and require issuance of
a sign permit approved by the Zoning Administrator prior to installation.
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230545v1 Lot 1, Block 27, Parrish Meadows
19. CONSTRUCTION ADMINISTRATION AND FEES FOR CITY SERVICES. The Developer
shall pay a fee for consulting engineering administration following approval of the Plat. City engineering
administration will include consultation with Developer and its engineer on status or problems regarding the
project, monitoring during the warranty period, general administration and processing of requests for reduction
in security. Fees for this service shall be the actual amount billed for those services, which are estimated to
be three percent (3%) of the estimated construction cost of the Improvements to be inspected, assuming
normal construction and project scheduling. The Developer shall pay for construction observation performed
by the City Engineer. Construction observation shall include part or full time observation, as determined by
the City Engineer, of proposed street, sanitary sewer, water and storm drainage construction and will be billed
on hourly rates actually required for said inspection, which are estimated to be five percent (5%) of the
estimated construction cost of the Improvements to be inspected. In the event of prolonged construction or
unusual problems, the City will notify the Developer of anticipated cost overruns for engineering administration
and observation services. Any amounts for engineering administration not utilized from this escrow fund shall
be returned to the Developer when all improvements have been completed, all financial obligations to the City
satisfied, and the required "as constructed" plans have been received by the City.
The escrow and fee account shall also include estimated fees for Legal expenses actually
incurred (with any excess funds, if any, returned to Developer as indicated in this Contract), City
Administrative Fee (a flat fee due upon execution of this Agreement), and shall be as stated by the Financial
Summary.
This escrow amount shall be submitted to the City prior to the City executing this Agreement. All
administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items
shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering not
utilized from this escrow fund shall be returned to the Developer when all improvements have been
completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been
received by the City.
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230545v1 Lot 1, Block 27, Parrish Meadows
All other amounts listed as flat fees are non-refundable and available immediately for City use
when posted.
20. SECURITY. To ensure compliance with the terms of this Contract, and construction of all
public improvements, and satisfaction of all other obligations, the Developer shall furnish the City with a cash
escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount as required
under this Contract. The security amount shall be one hundred twenty five percent (125%) of the City
Engineer’s estimated cost of all public improvements and/or private improvements required by the Subdivision
Ordinance or Zoning Ordinance. The Developer shall provide an additional security equal to six and one-half
percent (6.5%) of the estimated cost of the required public and/or private improvements for use by the City for
the purpose of assuming responsibility for design, bidding, and construction administration of the required
improvement in the event of a default by the Developer as provided for by this contract.
The issuer and form of the security (other than cash escrow) shall be subject to City approval in its
reasonable discretion. The security shall be issued by a banking institution in good standing as determined
by the City and approved by the City Administrator. The City shall have the ability to draw on the security at a
bank or branch bank located within fifty (50) miles of the City Hall. The security shall contain an automatic
renewal provision and shall not expire until all the Development is complete and fully and finally accepted by
the City, and all terms of this Contract are satisfied.
The City may draw down the security, on five (5) business days written notice to the Developer, for
any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end
of the required term. If the required public improvements are not completed at least thirty (30) days prior to
the expiration of the security, the City may also draw it down without notice. If the security is drawn down,
the proceeds shall be used to cure the default.
Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to
the City have been satisfied, with City approval not to be unreasonably withheld or delayed, the security shall
be reduced from time to time in proportion to the work completed, but not below ten percent (10%) which is
the amount of the warranty security. For purposes of this Section, the warranty period shall be a twelve (12)
11
230545v1 Lot 1, Block 27, Parrish Meadows
month period after the applicable work has been completed, except with respect to streets, for which the
warranty period shall be two years as addressed elsewhere in this Contract.
This security amount shall be submitted to the City prior to execution of the Contract. All
administrative and legal fees related to plan review, drafting of this Contract and any other necessary items
shall be paid to the City prior to execution of the Contract. Upon completion of the work contemplated
hereunder and expiration of the warranty period, the remaining security shall be promptly released to
Developer.
21. SUMMARY OF SECURITY REQUIREMENTS. The amount of the security described
above is calculated as follows:
CONSTRUCTION COSTS:
A. Watermain – Lateral and Trunk $21,844.00
B. Streets 5,000.00
C. Sidewalk and Trail 12,650.00
CONSTRUCTION SUB-TOTAL $39,494.00
OTHER COSTS:
A. Site Grading, Erosion & Sediment Control $6,780.00
B. Engineering & Surveying Construction Services (6.5%) 2,567.11
C. Landscaping 10,722.00
OTHER COSTS SUB-TOTAL $20,069.11
TOTAL – SUBTOTAL $59,563.11
TOTAL IRREVOCABLE LETTER OF CREDIT $74,453.89
FOR SECURITY (125% OF SUBTOTAL)
ESCROW
A. City Legal Expenses ($1,500 Minimum)) $1,500.00
B. City Construction Administration & Utility & Street Inspection 10,000.00
($10,000.00 Minimum)
C. GIS Data Entry Fee 250.00
ESCROW TOTAL $11,750.00
This breakdown is not a restriction on the use of the security.
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230545v1 Lot 1, Block 27, Parrish Meadows
22. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council executing
this Contract:
A. City Administrative ($1,500.00 Minimum) $1,500.00
TOTAL CASH REQUIREMENTS $1,500.00
23. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship, other than as set forth hereafter in
this Section 23, for a period of one (1) year. The warranty period for streets is two (2) years as specified in
this Contract. The warranty period for underground utilities is two (2) years and shall commence following
completion and acceptance by City Council. A minimum of 10% of the total security as specified above in
the portion of Section 21 of this Contract shall be retained as warranty security calculated as follows.
WARRANTY RETAINAGE
A. Watermain $3,276.60
B. Streets 750.00
C. Erosion & Sedimentation Control 339.00
TOTAL WARRANTY RETAINAGE FROM LETTER OF CREDIT $4,365.60
The Developer is not required to post this amount separately but rather this amount shall be retained
for warranty purposes from the total security posted according to Section 22 of this Contract until warranty
obligations are satisfied.
24. ACKNOWLEDGEMENT. The Developer acknowledges that approval of installation of the
Improvements does not constitute a guarantee by the City of any future subdivision approvals and that the
Developer performs the work on the Subject Property at its own risk.
25. RESPONSIBILITY FOR COSTS.
A. The Developer shall pay all costs incurred by it or the City in conjunction with the
development of the Subject Property, including but not limited to legal, planning, engineering and
inspection expenses incurred in connection with approval of the site plan, the preparation of this
Agreement, review of any other plans and documents.
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230545v1 Lot 1, Block 27, Parrish Meadows
B. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from site
approval and development. The Developer shall indemnify the City and its officers, employees, and
agents for all costs, damages, or expenses which the City may pay or incur in consequence of such
claims, including attorneys' fees. Notwithstanding anything contained within this Section 21(B), Developer
shall not be obligated to indemnify or defend the City from and against claims based on any negligence or
willful misconduct by the City, its employees, agents or contractors, or the failure of the City to act in
accordance with City ordinances and other applicable laws.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including engineering and attorneys' fees.
D. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Agreement within thirty (30) days after receipt. Bills not paid within thirty (30) days
shall accrue interest at the rate of eight percent (8%) per year.
26. MISCELLANEOUS.
A. The Developer represents to the City that the Development complies with all city, county, state,
and federal laws and regulations, including but not limited to: subdivision ordinances, zoning
ordinances, and environmental regulations. If the City determines that the Development does not
comply, the City may, at its option, refuse to allow construction or development work until the
Developer does comply. Upon the City's demand, the Developer shall cease work until there is
compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
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230545v1 Lot 1, Block 27, Parrish Meadows
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to
issuance of any building permits.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In the
event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Contract. The Developer covenants with the City, its successors and assigns, that the Developer
is well seized in fee title of the property and/or has obtained consents to this Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no
unrecorded interests in the property; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
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230545v1 Lot 1, Block 27, Parrish Meadows
I. Insurance. Prior to execution of this agreement, Developer and its general contractor shall
furnish to the City a certificate of insurance showing proof of the required insurance required
under this Paragraph. Developer and its general contractor shall take out and maintain or
cause to be taken out and maintained until six (6) months after the City has accepted the public
improvements, such insurance as shall protect Developer and its general contractor and the
City for work covered by the Contract including workers’ compensation claims and property
damage, bodily and personal injury which may arise from operations under this Contract,
whether such operations are by Developer and its general contractor or anyone directly or
indirectly employed by either of them. The minimum amounts of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
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230545v1 Lot 1, Block 27, Parrish Meadows
endorsement which shall be filed with the City. A copy of the endorsement must be submitted
with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least thirty
(30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of
premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or
general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required
by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out
of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor,
subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for
whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive
the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every
other right, power or remedy, express or implied, now or hereafter arising, available to City, at law
or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order
as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the Developer
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230545v1 Lot 1, Block 27, Parrish Meadows
sells the land, or any part of it, until the City’s issuance of a Certificate of Completion and
Release.
M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with
the Building Official evidencing that the retaining wall was constructed in accordance with the
approved plans and specifications. All retaining walls identified on the development plans and by
special conditions referred to in this Contract shall be constructed before any other building
permit is issued for a lot on which a retaining wall is required to be built. All retaining walls must
comply with the City’s engineering manual and the City’s Zoning Ordinance.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other lot owners in the Development. Private agreements between the owners of
lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owners and shall not bind or
restrict City authority to approve applications from any lot owner in the Development.
27. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than ten (10)
days in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City
to seek a Court order for permission to enter the Subject Property. When the City does any such work,
the City may, in addition to its other remedies, assess the cost in whole or in part.
28. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
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230545v1 Lot 1, Block 27, Parrish Meadows
following address: 879 Scheffer Avenue, St. Paul, Minnesota 55102. Notices to the City shall be in writing
and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of
the City Administrator at the following address: Otsego City Hall, 13400 90th Street NE, Otsego,
Minnesota 55330.
[Remainder of page is intentionally left blank.
Signature pages follow.]
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230545v1 Lot 1, Block 27, Parrish Meadows
CITY OF OTSEGO
BY: ___________________________________________
Jessica L. Stockamp, Mayor
(SEAL)
AND __________________________________________
Audra Etzel, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2024, by Jessica L. Stockamp and by Audra Etzel, the Mayor and City Clerk of the City of Otsego, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
______________________________________________
NOTARY PUBLIC
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230545v1 Lot 1, Block 27, Parrish Meadows
DEVELOPER:
JAVA OTSEGO RETAIL 2.0 LLC
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2024, by _______________________________, the _____________________________________ of
JAVA OTSEGO RETAIL 2.0 LLC, a Minnesota limited liability company, on behalf of said entity.
______________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
DSK/smt
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230545v1 Lot 1, Block 27, Parrish Meadows
FEE OWNER CONSENT
TO
SITE IMPROVEMENT PERFORMANCE AGREEMENT
TAMARACK LAND – PARRISH MEADOWS, LLC, a Minnesota limited liability company, fee
owner of all or part of the property, the development of which is governed by the foregoing Site
Improvement Performance Agreement, affirms and consents to the provisions thereof and agrees to be
bound by the provisions as the same may apply to that portion of the property owned by it.
Dated this _____ day of ____________, 2024.
FEE OWNER:
TAMARACK LAND – PARRISH MEADOWS, LLC
By:
_______________________________ [Print Name]
Its: [Title]
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2024,
by __________________________________ the _______________________________________ of
TAMARACK LAND – PARRISH MEADOWS, LLC, a Minnesota limited liability company, on behalf of said
entity.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
DSK/smt
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230545v1 Lot 1, Block 27, Parrish Meadows
[BANK LETTERHEAD]
IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Otsego
City Hall
13400 90th Street NE
Otsego, Minnesota 55330
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable
Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2_____,
of (Name of Bank) ";
b) Be signed by the City Administrator or Finance Director of the City of Otsego.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30,
2_____.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five
(45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers
written notice to the Otsego Finance Director that it intends to modify the terms of, or cancel, this Letter of
Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at
least forty-five (45) days prior to the next annual renewal date addressed as follows: Otsego Finance Director,
Otsego City Hall, 13400 90th Street NE, Otsego, MN 55330, and is actually received by the Finance Director at
least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred
to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may
be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice
for Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
[NAME OF BANK]
BY: ____________________________________
Its ______________________________