Approval Letter 5-13-08
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
www.ci.chanhassen.mn.us
May 13,2008
Mr. Steve Taylor
Carver County
600 East Fourth Street
Chaska, MN 55318
Re:
Carver County Service Center
Planning Case 08-09
Dear Mr. Taylor:
This letter is to confirm that on May 12,2008, the Chanhassen City Council approved
Planning Case #08-09 for Site Plan Approval for a 13,260 square-foot, two-story office
building, plans prepared by Bentz/ThompsonJReitow, Inc., dated March 14,2008
(stamped Received March 31,2008), subject to the following conditions:
1. Wood chip mulch area will be extended in the northwest comer of the ,site. The
proposed turf area under the tree in the comer peninsula will be removed. If desired,
a single strip of sod may be placed along the curb line of the peninsula.
2. The building is required to have automatic fire extinguishing systems.
3. Building plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
4. Retaining walls over four feet high must be designed by a professional engineer and a
permit must be obtained prior to construction.
5. One (1) "van-accessible" parking space is required.
6. Additional window area shall be installed in the break room in the southeast comer of
the building.
7. Signage shall be permitted on two building elevations only.
8. Staff recommends that the curb line north of the drive-thru be shifted to the east to
provide for additional vehicle stacking. Staff recommends that manhole 4A be shifted
into the curb line and replaced with a catch basin to capture additional runoff from
the parking lot.
9. The developer's contractor must contact the Engineering Department a minimum of
two business days prior to connecting to the public storm sewer.
The City of Chanhassen · A growing community with clean lakes, quality schools, a chanming downtown, thriving businesses, winding trails, and beautiful parks. A glBat place to live, work, and play.
Mr. Steve Taylor
May 13, 2008
Page 2
10. An encroachment agreement is required for the retaining walls.
11. The developer must ensure that the "no build easements" noted on the Certificate of Survey will
allow for the construction of parking lots and retaining walls.
12. City trunk sanitary sewer and water hook-up fees and the MCES SAC fee are due with the building
permit. The 2008 rates are $4,799/unit for City water, $1,769/unit for City sanitary sewer and
$1,900/unit for the MCES SAC. These fees are based on the number of SAC units as determined by
Met Council.
13. The Certificate of Survey must be signed.
Enclosed is a site plan agreement that must be executed by Carver County. Note that if there is a
mortgage holder on the property, they will need to sign the 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 September 10, 2008). The executed site plan agreement and required security specified in the site
plan agreement ($5,000.00) shall be submitted prior to the City issuing a building permit. A copy of the
executed agreement will be returned for your files.
The City will submit all the necessary documents to Carver County for recording of the site plan. I
recommend that the owner and/or their representative meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures. 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
RG:ktm
ec: Kate Aanenson, Community Development Director
Joe Shamla, Project Engineer
Jerry Mohn, Building Official
Enclosure
g:\plan\2008 planning cases\08-09 carver county service center\approvalletter.doc
CITY OF CHANHASSEN
SITE PLAN PERMIT #08-09
SPECIAL PROVISIONS
AGREEMENT dated May 12, 2008, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and CARVER COUNTY (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 13,260 square-foot, two-story office building (referred to in this Permit as the "project"). The
land is legally described as Lot 2, Block 3, Burdick Park Addition, Carver County, Minnesota.
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. Ifthe plans vary from the written
terms ofthis Permit, the written terms shall control. The plans are:
Plan A--Site Plan prepared March 14,2008, stamped received March 31, 2008, prepared by
Frederick Bentz/Milo Thompson/Robert Rietow, Inc.
Plan B-- Grading, Drainage, and Erosion Control Plan prepared by BKBM Engineers, dated March
14, 2008, revised March 28, 2008.
Plan C--Landscaping Plan prepared by James R. Hill, Inc., dated March 14,2008.
Plan D-- Utility Plans prepared by BKBM Engineers, dated March 14, 2008, revised March 28,
2008.
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4. Time of Performance. The Developer shall install all required screening and landscaping
by June 30, 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 ofthis 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
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:
Mr. Steve Taylor
Carver County
600 East Fourth Street
Chaska, MN 55318
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. City Council approves a 13,260 square-foot, two-story office
building subject to the following conditions:
a. Wood chip mulch area will be extended in the northwest comer of the site. The proposed
turf area under the tree in the comer peninsula will be removed. If desired, a single strip
of sod may be placed along the curb line of the peninsula.
b. The building is required to have automatic fire extinguishing systems.
2
c. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
d. Retaining walls over four feet high must be designed by a professional engineer and a
permit must be obtained prior to construction.
e. One (1) "van-accessible" parking space is required.
f. Additional window area shall be installed in the break room in the southeast comer of the
building.
g. Signage shall be permitted on two building elevations only.
h. Staff recommends that the curb line north of the drive-thru be shifted to the east to
provide for additional vehicle stacking.
1. Staff recommends that manhole 4A be shifted into the curb line and replaced with a catch
basin to capture additional runoff from the parking lot.
J. The developer's contractor must contact the Engineering Department a minimum of two
business days prior to connecting to the public storm sewer.
k. An encroachment agreement is required for the retaining walls.
1. The developer must ensure that the "no build easements" noted on the Certificate of
Survey will allow for the construction of parking lots and retaining walls.
m. City trunk sanitary sewer and water hook-up fees and the MCES SAC fee are due with
the building permit. The 2008 rates are $4,799/unit for City water, $1,769/unit for City
sanitary sewer and $1,900/unit for the MCES SAC. These fees are based on the number
of SAC units as determined by Met Council.
n. The Certificate of Survey must be signed.
8. General Conditions. The general conditions ofthis Permit are attached as Exhibit "A" and
incorporated herein.
3
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND:
Todd Gerhardt, City Manager
DEVELOPER: CARVER COUNTY
BY:
Its
STATE OF MINNESOTA )
( 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.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_ by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
4
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
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 City in
conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are issued,
the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City.
The City may impose additional erosion control requirements ifthey would be beneficial. All
areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after
the completion ofthe 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 ofthe 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.
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7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may payor incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all 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 ofthe City shall not constitute a waiver or
amendment to the provisions ofthis Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution ofthe 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.
I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
6
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. Construction Hours. The normal construction hours under this contract shall be from 7:00
a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such
activity allowed on Sundays or any recognized legal holidays. Operation of all internal
combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems. 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 ofthe 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 ofthe subject property owned by them.
Dated this _ day of
,200_
By
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_ , by
NOTARY PUBLIC
DRAFfED BY:
City of Chanhassen
7700 Marlcet Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
8
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
,
which holds a mortgage on the subject property, the development of which. is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this _ day of
,20_.
STATE OF MINNESOTA )
COUNTY OF
( ss.
)
The foregoing instrument was acknowledged before me this _ day of
20-, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
9