Approval Letter 3-30-07
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
VNIW.ci .chanhassen.mn.us
March 30, 2007
Mr. Jay Pomeroy
Anderson-Johnson Associates, Inc.
7575 Golden Valley Road, Suite 200
Minneapolis, MN 55427
Re:
Chanhassen High School
Planning Case 07-06
Dear Mr. Pomeroy:
On March 27, 2007, the Chanhassen City Council approved the following:
Rezoning of the Chanhassen High School site from Agricultural Estate District,
A2, and Planned Unit Development, PUD, to Office and Institutional District, 01.
Conditional Use Permit for development within the Bluff Creek Corridor with a
Variance to locate the south access drive within the Bluff Creek primary zone, in
conformance with.the grading plans prepared by Anderson Johnson Associates, Inc.,
dated 02-02-07, subject to the following conditions:
1. The construction activities associated with the proposed project shall not
conflict with the easement granted to MnDOT fofits wetlandniitigation
project.
2. To mitigate for the impacts to the primary corridor, the applicant shall submit
a plan for the restoration of areas adjacent to the Bluff Creek Corridor
(including the drainageway along the north side of the substation and the area
east of the bus/event entrance) with species consistent with the City's Bluff
Creek Watershed Natural Resources ManagementPlan.
Site Plan with Variances for a three-story building anduplighting for a High
School campus including an approximately 406,000 square-foot building, athletic
fields, concession building, stadium, storage/maintenance buildings and parking lots,
plans prepared by Anderson Johnson Associates, Inc., dated 02-02-07, subject to the
following conditions:
1. The developer shall add benches and tables to take advantage of the gathering
areas, plazas and scenic overlooks. Bicycle parking pads and storage racks
shall be provided on site.
2. The developer shall include angled visitor parking in the drop-off access west
of the building entrance.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mr. Jay Pomeroy
Chanhassen High School
Planning Case 07-06
March 27, 2007
Page 2
3. The building fa~ade flood lights shall be permitted contingent upon meeting the intent of the
lighting ordinance and subject to city review and approval.
4. Pedestrian ramps shall be provided at all curbs where the sidewalks or trails connect.
5. The following mitigation measures shall be implemented by opening day of the school:
. Construct a traffic signal at the Lyman Boulevard/Lake Hazeltine Drive intersection.
. Modify the existing signal at the Lyman Boulevard/Audubon Road South intersection for
the addition of a north leg to the intersection.
. Construct the following turn lanes:
. i_F; , t." .......e.f.;!;';: /. ...'.... It' ..........'.....T~ ;--. . RigntS;,I'p.:n;Lane
.'i
Southbound Lyman Boulevard at North Bypass lane
School Access
Northbound Lyman Boulevard at North 200 feet
School Access
Westbound North School Access at Through lane becomes 300 feet
Lyman Boulevard turn lane
Southbound Lyman Boulevard at Lake 200 feet
Hazeltine Drive
Northbound Lyman Boulevard at Lake 200 feet
Hazeltine Drive
Eastbound Lake Hazeltine Drive at 100 feet
Lyman Boulevard
Westbound Lake Hazeltine Drive at 300 feet Build
Lyman Boulevard through/right
Eastbound Lyman Boulevard at Audubon 200 feet
Road South
Westbound Lyman Boulevard at 200 feet
Audubon Road South
Northbound Audubon Road South at Build to add through
Lyman Boulevard lane
Southbound Audubon Road South at 200 feet Build
Lyman Boulevard through/right
. In addition the School District shall participate in the cost of the upgrading of Lyman
Boulevard on a fair and equitable basis.
6. Building Official Conditions:
a. The buildings must be protected with automatic fire sprinkler systems.
Mr. Jay Pomeroy
Chanhassen High School
Planning Case 07-06
March 27, 2007
Page 3
b. The building plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
c. Building permits are required for all structures (including, but not limited to, storage
buildings, concession stands, bleachers, retaining walls).
d. Retaining wall plans must be prepared and signed by a structural engineer licensed in the
State of Minnesota.
7. Fire Marshal Conditions:
a. A lO-foot clear space must be maintained around fire hydrants, Le., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure
that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
b. Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided.
c. Fire apparatus access roads shall be designed and maintained to support the imposed load
of fire apparatus and shall be serviced so as to provide all-weather driving capabilities.
Pursuant to Minnesota State Fire Code Section 503.2.3.
d. Yellow curbing and "No Parking Fire Lane" signs will be required. Contact Chanhassen
Fire Marshal for exact location of yellow curbing and locations of signs to be installed.
e. No burning permits shall be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
f. Submit radius turn designs to City Engineer and Chanhassen Fire Marshal for review and
approval. Pursuant to Minnesota State Fire Code Section 503.2.4.
8. Forester Conditions:
a. Increase plantings for parking lot area in order to meet ordinance requirement of 156
trees.
b. Replace Black Hills spruce seedlings with white spruce.
c. Existing trees to be preserved shall be protected. Fencing shall be installed around trees
prior to grading.
d. Understory seedlings shall be located among overstory deciduous trees.
Mr. Jay Pomeroy
Chanhassen High School
Planning Case 07-06
March 27, 2007
Page 4
e. The applicant shall increase the quantity of seedlings planted in each grouping.
f. All deciduous seedlings shall be protected by tree tubes. Tubes shall be monitored and
removed at the appropriate time. All tubes shall be fitted with protective bird netting.
g. All ash trees shall be replaced by an alternative species.
h. The applicant shall meet minimum requirements for buffer yard plantings along the east
property line. Native shrubs and vines shall be incorporated into the landscape in
addition to trees.
1. The columnar Norway maple shall be replaced with a different columnar tree such as
Armstrong red maple, Autumn Spire red maple or even an ornamental species.
9. Engineer Conditions:
a. The applicant must obtain permits from Carver County to construct the accesses to
Lyman Boulevard.
b. ISD 112 must obtain the necessary easement from the City of Chaska to construct the
access through the substation property.
c. Spot elevations must be shown between the wetland/wetland mitigation and Lyman
Boulevard to ensure that the road is not flooded during the 100-year event.
d. Additional ponding is required so that runoff from the entire future width of Lyman
Boulevard will be treated in the ponds.
e. Hydrology to the wetland/wetland mitigation area north of the Lake Hazeltine access
point must be maintained.
f. The outlet for Storm Basin 2 should be relocated to prevent short circuiting.
g. The development team should reexamine the proposed grades within the infield of
softball field 1 to eliminate the low area between second base and the pitcher's mound.
h. Grading operations on adjacent properties must be approved by the property owner.
1. Grading within the overhead electric and gas easement near the eastern access point must
be approved by the appropriate private utilities.
J. Identify all emergency overflow locations and elevations on the final grading plan.
k. The final grading plan must show the linework for the storm sewer.
Mr. Jay Pomeroy
Chanhassen High School
Planning Case 07-06
March 27, 2007
Page 5
1. Pond, drainage and utility easements are required over the ponds and wetlands.
m. The developer must adjust the sanitary sewer manhole elevations according to City
standard detail plates.
n. The trunk sanitary sewer line must be televised before and after construction to determine
if the high school construction has damaged the pipe. If the City televises this sanitary
sewer before the high school construction mobilized, the developer will only be required
to televise the line after construction.is complete.
o. The school district will be reimbursed $166,424.00 which is the cost difference between
the I8-inch trunk and lO-inch lateral watermain.
p. Trunk water fees must be paid with the building permit based on the City Water Access
Charge in effect at the time the building permit is issued.
q. The hydrant locations along Lyman Boulevard must be adjusted so that the hydrants do
not lie within the high water level of the adjacent ponds.
r. Based on the proposed utility plan, an irrigation meter is required.
s. The utility plan must show the existing trunk sanitary sewer, existing overhead utilities
and existing gas pipelines.
t. Mylar and digital as-builts for the pond grading and utilities must be submitted in Carver
County coordinates.
10. Water Resources Coordinator Conditions:
a. Wetland replacement shall occur in a manner compliant with the project's Wetland
Alteration Permit, Chanhassen City Code and the Minnesota Wetland Conservation Act
(MR 8420).
b. The project shall comply with the conditions of its Conditional Use Permit for
Development within the Bluff Creek Overlay District.
c. The Storm Water Pollution Prevention Plan (SWPPP) including all information required
by the NPDES Construction Site Permit shall be located at the job trailer.
d. Stable emergency overflows shall be provided for the proposed ponds on site. The
emergency overflows shall be clearly labeled on the plan and a detail is needed. The
emergency overflows can be stabilized with a turf re-enforcement mat or fabric and
nprap.
Mr. Jay Pomeroy
Chanhassen High School
Planning Case 07 -06
March 27, 2007
Page 6
e. The plan shall include detailed specifications for temporary stabilization of the site. The
timing of stabilization will vary depending upon slope and if it is a concentrated flow
area. The rate of mulch application shall also be included on the plans (2 tons per acre,
disc anchored).
f. All riprap/fabric at the flared end section shall be installed within 24 hours of flared end
section installation.
g. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All
exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope
Steeper than 3:1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other
natural or man made systems that discharge to a surface water.
h. Silt fence that is not placed on the contour shall have J-Hooks or rock every 50 to 75 feet.
1. Temporary sediment basins shall be constructed prior to disturbing upslope areas. The
areas of temporary sediment basins shall be labeled on the plan. A temporary and/or
permanent sediment pond shall be constructed at the locations of the outlets for Flared
End Sections (PES) 7 and 8. This shall be installed prior to grading and then used as a
temporary sediment pond prior to discharging the runoff into the wetland. If it is used as
a temporary pond, it should stay in place until all turf is established. Temporary outlet
structures (e.g., a perforated riser and rock cone) shall be provided for the ponds; details
should be provided.
J. Contractors and their subcontractors shall receive approval of proposed dewatering
methods from the City's project inspector or erosion and sediment control inspector prior
to conducting any and all dewatering on-site.
k. Wimco inlet controls or similar shall be used to protect all storm sewer inlets.
1. The plans shall be revised to include Chanhassen's standard details for erosion and
sediment control (Le., Details 3102, 3104, 3107, 3108, 3109, 5300, 5301,5302, 5302A).
m. The plans shall be revised to include a concrete washout area.
Mr. Jay Pomeroy
Chanhassen High School
Planning Case 07-06
March 27, 2007
Page 7
n. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as-needed.
o. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(i.e., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency) and comply with their conditions of approval.
11. The applicant and city staff shall look at reasonable alternative designs to reduce the
impact of the retaining walls.
Wetland Alteration Permit for the grading and filling of wetlands on the site of the Chanhassen
High School, plans prepared by Pinnacle Engineering, dated February 9, 2007, subject to the
following conditions:
1. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around all Ag/Urban wetlands. All wetlands and wetland buffer areas shall be
protected by silt fence during grading. Wetland buffer areas shall be preserved, surveyed and
staked in accordance with the City's wetland ordinance. The applicant shall install wetland
buffer edge signs, under the direction of City staff, before construction begins and shall pay
the City $20 per sign. All structures shall maintain a setback of at least 40 feet from the
wetland buffer edge. The wetland buffer setback shall be shown on the plans.
2. Wetland replacement shall occur in a manner consistent with Chanhassen City Code and the
Minnesota Wetland Conservation Act (MR 8420).
3. The applicant shall provide additional information as to how the vegetative communities and
hydrology for Wetlands C and D will be re-established.
4. A five-year wetland replacement monitoring plan shall be submitted. The replacement
monitoring plan shall include a detailed management plan for invasive non-native species,
particularly purple loosestrife and reed canary grass. The plans shall show fixed photo
monitoring points for the replacement wetland. The applicant shall provide proof of
recording of a Declaration of Restrictions and Covenants for Replacement Wetland.
5. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation
(including grading and seeding) to ensure the design standards for the replacement wetland
are met. The letter of credit shall be effective for no less than five years from the date of
final approval. The applicant shall submit a cost estimate for wetland creation (including
grading and seeding) so the City can calculate the amount of the wetland creation letter of
credi t.
Mr. Jay Pomeroy
Chanhassen High School
Planning Case 07-06
March 27, 2007
Page 8
Enclosed is a site plan agreement that must be executed by Anderson-Johnson Associates, Inc.
Note that the school district will need to sign the owner consent at the end of the agreement.
Return the agreement to me for City execution and recording at Carver County within 120 days
of the approval (by July 24, 2007). The required security specified in the site plan agreement
shall be submitted prior to the City issuing a building permit. A copy of the executed agreement
will be returned for your files.
If you have any questions or need additional information, please contact me at (952) 227-1131 or
bgenerous@ci.chanhassen.mn.us.
Robert Generous, AICP
Senior Planner
Enclosure
c: Steve Pumper, ISD 112
ec: Kate Aanenson, Community Development Director
Alyson Fauske, Assistant City Engineer
Jerry Mohn, Building Official
g:\plan\2007 planning cases\07-06 chanhassen high school\approvalletter.doc
CITY OF CHANHASSEN
SITE PLAN PERMIT #07-06
SPECIAL PROVISIONS
AGREEMENT dated March 26, 2007, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Anderson-Johnson Associates, Inc., (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for Site Plan approval with Variances for a High School campus including an approximately
406,000 square-foot, three-story building, athletic fields, concession building, stadium,
storage/maintenance buildings and parking lots (referred to in this Permit as the "project"). The land
is legally described as shown on the attached Exhibit A.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enter into this Permit and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written
terms of this Permit, the written terms shall control. The plans are:
Plan A--Site Plan prepared by Anderson-Johnson Associates, Inc., dated 02-02-07.
Plan B--Grading & Drainage Plan prepared by Anderson-Johnson Associates, Inc., dated 02-02-07.
Plan C--Landscaping Plan prepared by Anderson-Johnson Associates, Inc., dated 02-02-07.
Plan D--Utility Plans prepared by Anderson-Johnson Associates, Inc., dated 02-02-07.
Plan E--Electrlc Plan prepared by Hallberg Engineering, PC, dated 02-01-07.
Plan F--Architectural Plan prepared by Rozeboom Miller Architects, Inc., dated 02-02-07.
4. Time of Performance. The Developer shall install all required screening and landscaping
by August 1,2009. The Developer may, however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the security posted by the Developer to
reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Permit, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a
1
Certificate of Occupancy prior to the installation of site landscaping, then the developer shall
provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation
of said landscaping.
PROCEDURES FOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
6. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
the following address:
Jay Pomeroy
Anderson-Johnson Associates, Inc.
7575 Golden Valley Road, Suite 200
Minneapolis, MN 55427
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. City Council approves the Site Plan with Variance for a three-
story building and up lighting for a High School campus including an approximately 406,000
square-foot building, athletic fields, concession building, stadium, storage/maintenance buildings
and parking lots, subject to the following conditions:
a. The developer shall add benches and tables to take advantage of the gathering areas,
plazas and scenic overlooks. Bicycle parking pads and storage racks shall be provided on
site.
b. The developer shall include angled visitor parking in the drop-off access west of the
building entrance.
c. The building fa<;ade flood lights shall be permitted contingent upon meeting the intent of
the lighting ordinance and subject to city review and approval.
d. Pedestrian ramps shall be provided at all curbs where the sidewalks or trails connect.
2
e. The following mitigation measures shall be implemented by opening day of the school:
. Construct a traffic signal at the Lyman Boulevard/Lake Hazeltine Drive intersection.
. Modify the existing signal at the Lyman Boulevard! Audubon Road South intersection
for the addition of a north leg to the intersection.
. Construct the following turn lanes:
"i;' ; "j,'''''',,,''') r;;'r<;:'~f~~;;imil;lii;r;[,}f;; " i{Right*1.l~nlL'~tiie,
;'" 1< I",P.TI, i';. ,'" "f.!;;
Southbound Lyman Boulevard at North Bypass lane
School Access
Northbound Lyman Boulevard at North 200 feet
School Access
Westbound North School Access at Through lane becomes 300 feet
Lyman Boulevard turn lane
Southbound Lyman Boulevard at Lake 200 feet
Hazeltine Drive
Northbound Lyman Boulevard at Lake 200 feet
Hazeltine Drive
Eastbound Lake Hazeltine Drive at 1 00 feet
Lyman Boulevard
Westbound Lake Hazeltine Drive at 300 feet Build through/right
Lyman Boulevard
Eastbound Lyman Boulevard at Audubon 200 feet
Road South
Westbound Lyman Boulevard at 200 feet
Audubon Road South
Northbound Audubon Road South at Build to add through
Lyman Boulevard lane
Southbound Audubon Road South at 200 feet Build through/right
Lyman Boulevard
. In addition the School District shall participate in the cost of the upgrading of Lyman
Boulevard on a fair and equitable basis.
f. Building Official Conditions:
1) The buildings must be protected with automatic fire sprinkler systems.
2) The building plans must be prepared and signed by design professionals licensed in
the State of Minnesota.
3) Building permits are required for all structures (including, but not limited to, storage
buildings, concession stands, bleachers, retaining walls).
4) Retaining wall plans must be prepared and signed by a structural engineer licensed in
the State of Minnesota.
3
g. Fire Marshal Conditions:
1) A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps,
trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is
to ensure that fire hydrants can be quickly located and safely operated by firefighters.
Pursuant to Chanhassen City Ordinance #9-1.
2) Fire apparatus access roads and water supply for fire protection is required to be
installed. Such protection shall be installed and made serviceable prior to and during
the time of construction except when approved alternate methods of protection are
provided.
3) Fire apparatus access roads shall be designed and maintained to support the imposed
load of fire apparatus and shall be serviced so as to provide all-weather driving
capabilities. Pursuant to Minnesota State Fire Code Section 503.2.3.
4) Yellow curbing and "No Parking Fire Lane" signs will be required. Contact
Chanhassen Fire Marshal for exact location of yellow curbing and locations of signs
to be installed.
5) No burning permits shall be issued for trees to be removed. Trees and shrubs must
either be removed from site or chipped.
6) Submit radius turn designs to City Engineer and Chanhassen Fire Marshal for review
and approval. Pursuant to Minnesota State Fire Code Section 503.2.4.
h. Forester Conditions:
1) Increase plantings for parking lot area in order to meet ordinance requirement of 156
trees.
2) Replace Black Hills spruce seedlings with white spruce.
3) Existing trees to be preserved shall be protected. Fencing shall be installed around
trees prior to grading.
4) Understory seedlings shall be located among overstory deciduous trees.
5) The applicant shall increase the quantity of seedlings planted in each grouping.
6) All deciduous seedlings shall be protected by tree tubes. Tubes shall be monitored
and removed at the appropriate time. All tubes shall be fitted with protective bird
netting.
7) All ash trees shall be replaced by an alternative species.
4
8) The applicant shall meet minimum requirements for buffer yard plantings along the
east property line. Native shrubs and vines shall be incorporated into the landscape in
addition to trees.
9) The columnar Norway maple shall be replaced with a different columnar tree such as
Armstrong red maple, Autumn Spire red maple or even an ornamental species.
1. Engineer Conditions:
1) The applicant must obtain permits from Carver County to construct the accesses to
Lyman Boulevard.
2) ISD 112 must obtain the necessary easement from the City of Chaska to construct the
access through the substation property.
3) Spot elevations must be shown between the wetland/wetland mitigation and Lyman
Boulevard to ensure that the road is not flooded during the lOO-year event.
4) Additional ponding is required so thatrunoff from the entire future width of Lyman
Boulevard will be treated in the ponds.
5) Hydrology to the wetland/wetland mitigation area north of the Lake Hazeltine access
point must be maintained.
6) The outlet for Storm Basin 2 should be relocated to prevent short circuiting.
7) The development team should reexamine the proposed grades within the infield of
softball field 1 to eliminate the low area between second base and the pitcher's
mound.
8) Grading operations on adjacent properties must be approved by the property owner.
9) Grading within the overhead electric and gas easement near the eastern access point
must be approved by the appropriate private utilities.
10) Identify all emergency overflow locations and elevations on the final grading plan.
11) The final grading plan must show the linework for the storm sewer.
12) Pond, drainage and utility easements are required over the ponds and wetlands.
13) The developer must adjust the sanitary sewer manhole elevations according to City
standard detail plates.
14) The trunk sanitary sewer line must be televised before and after construction to
determine if the high school construction has damaged the pipe. If the City televises
this sanitary sewer before the high school construction mobilized, the developer will
only be required to televise the line after construction is complete.
5
15) The school district will be reimbursed $166,424.00 which is the cost difference
between the 18-inch trunk and 10-inch lateral watermain.
16) Trunk water fees must be paid with the building permit based on the City Water
Access Charge in effect at the time the building permit is issued.
17) The hydrant locations along Lyman Boulevard must be adjusted so that the hydrants
do not lie within the high water level of the adjacent ponds.
18) Based on the proposed utility plan, an irrigation meter is required.
19) The utility plan must show the existing trunk sanitary sewer, existing overhead
utilities and existing gas pipelines.
20) Mylar and digital as-builts for the pond grading and utilities must be submitted in
Carver County coordinates.
J. Water Resources Coordinator Conditions:
1) Wetland replacement shall occur in a manner compliant with the project's Wetland
Alteration Permit, Chanhassen City Code and the Minnesota Wetland Conservation
Act (MR 8420).
2) The project shall comply with the conditions of its Conditional Use Permit for
Development within the Bluff Creek Overlay District.
3) The Storm Water Pollution Prevention Plan (SWPPP) including all information
required by the NPDES Construction Site Permit shall be located at the job trailer.
4) Stable emergency overflows shall be provided for the proposed ponds on site. The
emergency overflows shall be clearly labeled on the plan and a detail is needed. The
emergency overflows can be stabilized with a turf re-enforcement mat or fabric and
nprap.
5) The plan shall include detailed specifications for temporary stabilization of the site.
The timing of stabilization will vary depending upon slope and if it is a concentrated
flow area. The rate of mulch application shall also be included on the plans (2 tons
per acre, disc anchored).
6) All riprap/fabric at the flared end section shall be installed within 24 hours of flared
end section installation.
6
7) Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
All exposed soil areas shall have temporary erosion protection or permanent cover
year round, according to the following table of slopes and time frames:
Tvpe of Slope
Steeper than 3:1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or
other natural or man made systems that discharge to a surface water.
8) Silt fence that is not placed on the contour shall have J-Hooks or rock every 50 to 75
feet.
9) Temporary sediment basins shall be constructed prior to disturbing upslope areas.
The areas of temporary sediment basins shall be labeled on the plan. A temporary
and/or permanent sediment pond shall be constructed at the locations of the outlets for
Flared End Sections (FES) 7 and 8. This shall be installed prior to grading and then
used as a temporary sediment pond prior to discharging the runoff into the wetland.
If it is used as a temporary pond, it should stay in place until all turf is established.
Temporary outlet structures (e.g., a perforated riser and rock cone) shall be provided
for the ponds; details should be provided.
10) Contractors and their subcontractors shall receive approval of proposed dewatering
methods from the City's project inspector or erosion and sediment control inspector
prior to conducting any and all dewatering on-site.
11) Wimco inlet controls or similar shall be used to protect all storm sewer inlets.
12) The plans shall be revised to include Chanhassen' s standard details for erosion and
sediment control (i.e., Details 3102, 3104, 3107, 3108, 3109, 5300, 5301, 5302,
5302A).
13) The plans shall be revised to include a concrete washout area.
14) Street cleaning of soil tracked onto public streets shall include daily street scraping
and street sweeping as-needed.
15) The applicant shall apply for and obtain permits from the appropriate regulatory
agencies (i.e., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution
Control Agency) and comply with their conditions of approval.
k. The applicant and city staff shall look at reasonable alternative designs to reduce the
impact of the retaining walls.
7
8. General Conditions. The general conditions of this Permit are attached as Exhibit liB" and
incorporated herein.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND:
Todd Gerhardt, City Manager
DEVELOPER: ANDERSON-JOHNSON
ASSOCIATES, INC.
BY:
Jay Pomeroy
Its
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of , 200_,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARYPUBUC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_ by Jay Pomeroy, the of Anderson-Johnson
Associates, Inc., on behalf of the developer.
NOTARY PUBUC
DRAFfED BY:
City ofChanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
8
EXHIBIT A
PROPERTY DESCRIPTION
(Per Warranty Deed Document No. 148445)
That part of the North Half of the Northwest Quarter of Section 22, Township 116 North, Range 23
West of the 5th Principal Meridian described as:
Beginning at the north quarter comer of said Section 22, thence on an assumed bearing of North 89
degrees 05 minutes 35 seconds West, a distance of 969.75 feet along the north line of said
Northwest Quarter, thence South 56 degrees 57 minutes 24 seconds West a distance of 1138.88 feet
to the center line of County Road No. 117, thence South 32 degrees 02 minutes East a distance of
56.45 feet, thence Southeasterly 484.22 feet along a tangential curve to the right having a radius of
3322.60 feet, thence South 23 degrees 41 minutes East a distance of 241.78 feet to the south line of
said North Half of the Northwest Quarter, thence South 89 degrees 06 minutes 46 seconds East a
distance of 1570.38 feet along said south line of the North Half of the Northwest Quarter to the
southeast comer thereof, thence North 0 degrees 30 minutes 30 seconds East a distance of 1326.84
feet along the east line of said Northeast Quarter to the point of beginning, according to the
Government Survey thereof.
Outlot B, CHANHASSEN BUSINESS CENTER, according to the recorded plat thereof.
That part of the South Half of the Northwest Quarter of Section 22, Township 116, Range 23, lying
easterly of the centerline of County Road 117 (Excelsior and Shakopee Road) and that part of the
Southwest Quarter of the Northeast Quarter of said Section 22 lying westerly of a line running from
a point on the south line of said Southwest Quarter of the Northeast Quarter distant 660.00 feet east
of the southwest comer thereof to a point on the north line of said Southwest Quarter of the
Northeast Quarter distant 330.00 feet east of the northwest comer thereof. Less and except the
following described tract:
That part of the Southeast Quarter of the Northwest Quarter of Section 22, Township 116, Range
23, Carver County, Minnesota, described as follows: Commencing at the southeast comer of the
Northeast Quarter of said Section 22, thence South 89 degrees 57 minutes 53 seconds West,
assumed bearing, 2649.54 feet along the south line of said Northeast Quarter to the southeast comer
of said Southeast Quarter of the Northwest Quarter of Section 22, said point also being the point of
beginning of the tract to be described, thence continuing South 89 degrees 57 minutes 53 seconds
West 499.83 feet along said south line, thence northwesterly 247.29 feet along the center of a public
roadway on a non-tangential curve concave to the northeast with a radius of 954.93 feet through a
central angle of 14 degrees 50 minutes 14 seconds, chord bearing North 72 degrees 54 minutes 36
seconds West 246.59 feet, thence North 00 degrees 24 minutes 57 seconds West 592.50; thence
North 89 degrees 35 minutes 03 seconds East 377.00 feet; thence South 71 degrees 53 minutes 06
seconds East 377.58 feet to a point on the east line of said Southeast Quarter of the Northwest
Quarter, thence South 00 degrees 24 minutes 57 seconds East 550.00feet along said east line to the
point of beginning.
9
Subject to a public roadway easement on the south side thereof and a power line easement on the
east side thereof. Subject to other easements, reservations or restrictions, if any. Subject to a public
roadway easement along the south side thereof and other easements, reservations or restrictions of
record. Subject to an easement for utilities and ingress and egress, being 40 feet in width, lying 20
feet on each side of the following described centerline:
Commencing at the southwest comer of the above-described tract; thence North 00 degrees 24
minutes 57 seconds West 321.50 feet along the west line thereof to the point of beginning of the
centerline to be described; thence North 76 degrees 30 minutes 00 seconds West 45.00 feet; thence
southwesterly 46.69 feet along a tangential curve concave to the southeast with radius of 50.00 feet
through a central angle of 53 degrees 30 minutes 00 seconds; thence South 50 degrees 00 minutes
00 seconds West 224.89 feet tangent to said curve to a point on the center of a public roadway and
said centerline there terminating. It is intended to extend or shorten the side lines of said easement
so as to terminate at said centerline of the public roadway and at the west line of land described as
follows:
That part of the Southeast Quarter of the Northwest Quarter of Section 22, Township 116, Range
23, Carver County, Minnesota, described as follows: Commencing at the southeast comer of the
Northeast Quarter of said Section 22, thence South 89 degrees 57 minutes 53 seconds West,
assumed bearing, 2649.54 feet along the south line of said Northeast Quarter to the southeast comer
of said Southeast Quarter of the Northwest Quarter of Section 22, said point also being the point of
beginning of the tract to be described; thence continuing South 89 degrees 57 minutes 53 seconds
West 499.83 feet along said south line; thence northwesterly 247.29 feet along the center of a public
roadway on a non-tangential curve concave to the northeast with a radius of 954.93 feet through a
central angle of 14 degrees 50 minutes 14 seconds, chord bearing North 72 degrees 54 minutes 36
seconds West 246.59 feet; thence North 00 degrees 24 minutes 57 seconds West 592.50 feet; thence
North 89 degrees 35 minutes 03 seconds East 377.00 feet; thence South 71 degrees 53 minutes 06
seconds East 377.58 feet to a point on the east line of said Southeast Quarter of the Northwest
Quarter; thence South 00 degrees 24 minutes 57 seconds East 550.00 feet along said east line to the
point of beginning.
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CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITION
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb
the earth, remove trees, construct improvements, or any buildings until all the following conditions
have been satisfied: 1) this agreement has been fully executed by both parties and filed with the
City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has
issued a building permit in reliance on the foregoing conditions having been satisfied.
2. Maintenance of site. The site shall be maintained in accordance with the approved site plan.
Plants and ground cover required as a condition of site plan approval which die shall be promptly
replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and contractors
a license to enter the plat to perform all work and inspections deemed appropriate by the Cityin
conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are issued,
the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The
City may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. No development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on
and off site, dirt and debris, including blowables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall
be warranted to be alive, of good quality, and disease free at the time of planting: All trees shall be
warranted for twelve (12) months from the time of planting. The Developer or his contractor(s)
shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final
acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims
11
made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may payor incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job site
offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds
for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Permit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Occupancy, Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until
the streets needed for access have been paved with a bituminous surface and the utilities
tested and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
H. Recording. This Permit shall run with the land and may be recorded against the title to the
property.
1. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
12
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. Construction Hours. The normal construction hours under this contract shall be from 7:00
a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such
activity allowed on Sundays or any recognized legal holidays. Operation of all internal
combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly
identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot.
This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of
these sites shall render them as unacceptable and replacement sites will need to be located
for each violated site in order to obtain a building permit.
L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers too
enter into this Development Contract.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the property or its fitness for construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify, defend, and hold harmless
the City, its governing body members, officers, and employees from any claims or actions
arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless
hazardous wastes or pollutants were caused to be there by the City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this _ day of
, 200_
By
Print:
Title:
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_ , by
NOTARYPUBUC
DRAFfED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-]]00
14