Approval Letter 6-5-09
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
June 5, 2009
Mr. Bill Katter
United Properties, LLC
3500 American Boulevard West
Minneapolis, MN 55431
Re:
Powers Crossing Professional Center - Planning Case #09-06
Dear Mr. Katter:
This letter is to confirm that on May 26,2009, the Chanhassen City Council
approved the following:
A. "Rezoning of Lot 1, Block 1, from Agricultural Estate District, A2, to Office
& Institutional District, 01." Please note that the rezoning of the parcel is
only effective with the final platting of the subdivision.
B. "Conditional Use Permit with Variances to encroach into the primary zone
and required buffer for development in the Bluff Creek Corridor; subject to
the following conditions:
1. The property line may be revised to incorporate the reconveyed property
from MnDOT to the developer.
2. The developer shall is encouraged to meet design and construction
standards that would lead to, at a minimum, certification by the
Leadership in Energy and Environmental Design (LEED) Green Building
Rating System by the U.S. Green Building Council, or comply with the
Minnesota Sustainable Building Guidelines (MSBG).
3. To mitigate for the effects of development within the primary corridor, the
developer should be required encouraged to meet green construction
standards for the whole site.
4. All openings created in the wooded areas on the east and south sides of the
development shall be reforested with native tree species. Planting stock
sizes may be variable. Species selected must be from the Bluff Creek
Management Plan native plant list. These areas shall not be mowed or
managed as turf areas.
Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 2 of 11
5. Evaluate other site designs, stormwater management techniques and low-impact
development practices for their benefit in reducing impacts to the primary and secondary
zones of the Bluff Creek Overlay District.
6. Reforest those areas disturbed to grade the site but do not have structures on them. The
reforestation should be done with deciduous tree species representative of the existing
species composition. The forested areas are dominated by bur oak.
7. Maintain the natural drainage patterns.
8. The applicant must clearly illustrate how impacts to the primary zone are to be mitigated.
This mitigation must consider all benefits derived from the primary zone as described in
Article XXXI of the Chanhassen City Code.
9. The area east of Lot 1 within Outlot A within the primary corridor of Bluff Creek shall be
covered by a conservation easement. This easement shall restrict activities within the
area and prohibit any development. The City shall have final approval of the easement
restrictions. Any wetland mitigation activities that are required within this area shall
have final approval by City staff. No additional activities shall be allowed within this
area and access to the mitigation site shall be the existing path.
lO. The wooded areas of Lot 1 and Outlot B within the Bluff Creek primary zone shall be
covered by a conservation easement that restricts specific activities and prohibits any
further development within the area."
C. "Subdivision (Preliminary Plat) creating one lot, two outlots and dedication of public right-
of-way, plans prepared by Westwood Professional Services, Inc., dated Aprill, 2009, subject
to the following conditions:
1. The developer shall either dedicate/donate an Outlot or record a conservation easement
containing the Bluff Creek Primary zone north of the road right-of-way in Outlot A. This
area of Outlot A is undevelopable and the land within the conservation easement could
not be used in future phases for density transfer purposes. A conservation easement shall
be recorded over the Bluff Creek Primary zone located within Lot 1 and Outlot B. This
easement shall restrict activities within the area and prohibit any development. The City
shall have final approval of the easement restrictions. The easement shall be recorded
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 3 of 11
with the first phase of the development.
2. Submit proposed names for street labeled "Access Road" on plans for approval.
3. The drainage report and plans must be revised to address comments from MnDOT.
4. The applicant must obtain a MnDOT drainage permit.
5. The drainage report and plans must be modified so that the peak discharge rate to the off-
site wetland does not increase under fully developed conditions.
6. The plans must be revised to provide either an overland emergency overflow or an
additional outlet control structure at a higher elevation.
7. The developer must submit a letter from an engineer stating that the retaining wall east of
the building can accommodate temporary ponding behind the wall.
8. The alignment of the bypass storm sewer pipe must be redesigned to eliminate excess
cover over the pipe.
9. If MnDOT allows a connection to the Highway 212 storm pipe, then show the existing
pipe on the plan sheets.
10. Building permits are required for retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota.
11. A manhole must be installed at the terminus of the sanitary sewer.
12. All sanitary sewer and watermain within Lot 1, Block 1 shall be privately owned and
maintained.
13. The storm sewer that will convey runoff from the drainageway to the east of the property
shall also be privately owned and maintained, including those portions that lie within
public right-of-way and the City owned outlot.
14. The 20-foot wide drainage and utility easement shown on the preliminary plat over this
storm sewer must be deleted.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 4 of 11
15. Delete the 20-foot wide drainage and utility easement for the future watermain.
16. Provide a temporary blanket drainage and utility easement - or similar mechanism
acceptable to the City - over the proposed forcemain corridor. The temporary easement
shall not encroach into the building envelope as shown on the site plan.
17. A permanent 20-foot wide easement will be required over the final forcemain alignment.
18. Each new lot will be subject to the sanitary sewer and water hookup charges. These fees
will be collected with the building permit, subject to the rates in effect at the time of
building permit, and shall be based on the Metropolitan Council Environmental Services'
SAC unit determination.
19. All of the utility improvements are required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates. The applicant is also
required to enter into a development contract with the City and supply the necessary
financial security in the form of a letter of credit or cash escrow to guarantee installation
of the improvements and the conditions of final plat approval.
20. All public utility improvements will require a preconstruction meeting before building
permit issuance. Permits from the appropriate regulatory agencies will be required,
including the MPCA, Department of Health, Carver County and Watershed District.
21. Upon project completion as-built drawings must be submitted for the private utilities.
22. The developer must ensure that all traffic study data is provided to Carver County for
their review and must incorporate Carver County and MNDOT' s comments into the plan.
23. An updated traffic study must be submitted with Phase 2 improvements. Powers
Crossing's financial obligations with respect to the signal installation will be determined
at that time and incorporated into the Site Plan Agreement for Phase 2.
24. A temporary roadway, drainage and utility easement must be provided over the cul-de-
sac at the east end of the access road.
25. This property is subject to the Arterial Collector Fee which is $3,600 per developable
acre. The acreage used in this calculation shall include the right-of-way turnback from
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 5 of 11
both Highway 212 and Powers Boulevard. This fee shall be paid in cash with the final
plat
26. The RIM and Flowage Easements need to be indicated on the plat. This should include
the document number 10-05-87-1.
27. The wetland mitigation area in Outlot A needs to be created. A Declaration of
Restrictions and Covenants needs to be executed and recorded with Carver County. This
document number needs to be included on the plat.
28. The remaining conditions of approval for W AP #2006-32 need to be met:
a. The plans shall be revised to show how M-l will be accessed. The access route shall
be stable, shall avoid damage to significant trees (greater than 10" DBH) and shall
avoid impacts to natural drainageways and any jurisdictional wetlands that may exist
on site that were not delineated by Westwood Professional Services in August 2006.
b. A planting plan for M-l, including invasive vegetation management techniques,
species to be planted, proposed planting rates, and the approach to upland buffer
restoration, shall be submitted prior to final City Council approval.
c. 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 plat 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 credit.
d. 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 hybrid cattail, 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.
29. The legal wetland boundary of the RIM wetland was not delineated in the Westwood
Wetland Delineation Report dated August of 2006. This boundary must be delineated
and wetland impacts avoided where possible.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 6 of 11
30. Because of the perpetual RIM and flowage easements the plans must be provided to the
Natural Resources Conservation Service for review and comment. Any comments from
the NRCS must be made available to the City.
31. Drainage to the RIM wetland from the south flows through a defined swale. The
conveyance of this flow must be maintained under the proposed road extension.
32. Erosion Control plan needs to be updated per the July comments:
a. Show a 75-foot rock construction entrance.
b. Show rounding of comers for proposed grades.
c. Erosion control blanket shall be shown on all slopes east of the proposed building and
adjacent to the pond.
d. An NPDES permit must be obtained prior to any site grading and a SWPPP must be
provided to the City for review and comment.
e. Replace MnDOT 340 mix with a modified BWSR U7 seed mix.
33. Estimated SWMP fees due at the time of final plat are $271,506.20.
34. The development must comply with Carver Soil and Water Conservation District
comments.
35. All openings created in the wooded areas on the east and south sides of the development
shall be reforested with native tree species. Planting stock sizes may be variable.
Species selected must be from the Bluff Creek Management Plan native plant list. These
areas shall not be mowed or managed as turf areas.
36. The following practices are required in order to insure the best chance of survival for the
highlighted oaks to be preserved along the east side of the development:
a. Understory trees near the oaks shall be preserved.
b. Roots at the grading limits shall be cut cleanly with a trencher or vibratory plow.
c. Tree preservation fencing shall be installed prior to any grading.
d. Trees shall be thoroughly watered during dry periods.
37. The applicant shall install a second tier to the retaining wall at the north end of the east
side of the development to preserve the grade surrounding the oaks proposed to be saved.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 7 of 11
38. Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is
completed.
39. Any trees removed in excess of proposed tree preservation plans, dated 10/06/08, will be
replaced at a ratio of 2: 1 diameter inches.
40. All trees removed shall be chipped or hauled off site. No burning permits shall be issued.
41. The developer shall pay the full park dedication fee in force at the time of final plat
approval and prior to recording.
42. Construction of the lO-ft. wide bituminous access road trail and the North Trail. The
North Trail plans shall be modified dedicating a permanent 20-foot wide trail easement to
allow for appropriate separation from adjoining improvements and boulevard areas for
winter plowing, snow storage and aesthetics.
43. Dedication of a permanent triangular shaped trail easement at the South East comer of
Lot 1, Block 1. The triangle shall be 50' in length on its South side and 200' in length on
its East side.
44. The developer shall finance the cost or a portion of the 2010 MUSA trunk lift station and
enter into an agreement with the City for repayment at the time of final plat."
D. "Site Plan with Variances for building height and Bluff Creek Primary Zone setbacks for
Planning Case #08-16, for a two-phase, three-story, 160,000 square-foot professional office
building, and up to a 731-stall, five-level parking ramp on Lot 1, Block 1 of the development,
plans prepared by Pope Associates, Inc. and Westwood Professional Services, Inc., dated
April 1, 2009, subject to the following conditions:
1. The final plat for the development shall be recorded prior to the issuance of a building
permit.
2. The full buildout is predicated upon a turnback to the land owner of MnDOT right-of-
way. In the event that this tumback does not occur, the applicant may build a four-story
building totaling 112,000 square feet subject to parking compliance with City Code.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 8 of 11
3. The developer is encouraged to meet design and construction standards that would lead
to, at a minimum, certification by the Leadership in Energy and Environmental Design
(LEED) Green Building Rating System by the U.S. Green Building Council, or comply
with the Minnesota Sustainable Building Guidelines, MSBG.
4. The developer shall continue the architectural detailing through the use of the three brick
colors as well as the use of stone and metal on the garage structure.
5. The developer shall provide secure bicycle racks and/or storage (within 200 yards of a
building entrance) for 5% or more of all building users (measured at peak periods), and
provide shower and changing facilities in the building. The developer should also
provide benches throughout the site as well as tables and chairs in the patio area.
6. The buildings are required to have an automatic fire extinguishing system.
7. The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
8. Accessible routes must be provided between commercial building(s), parking facilities
and public transportation stops.
9. All parking areas, including parking structure, must be provided with accessible parking.
10. The developer shall comply with the minimum parking setback requirement and install
appropriate berming and or landscaping to allow the 10 feet setback.
11. Retaining walls over four feet high must be designed by a professional engineer and a
permit must be obtained prior to construction.
12. All openings created in the wooded areas on the east and south sides of the development
shall be reforested with native tree species. Planting stock sizes may be variable.
Species selected must be from the Bluff Creek Management Plan native plant list. These
areas shall not be mowed or managed as turf areas.
13. The applicant shall install a second tier to the retaining wall at the north end of the east
side of the development to preserve the grade surrounding the oaks proposed to be saved.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 9 of 11
14. The applicant does not meet required landscape quantities for parking lot trees and
islands/peninsulas in both phases. The applicant must meet minimum requirements for
parking lot trees and landscape islands/peninsulas.
15. Phase I: The applicant does not meet minimum requirements for either of the bufferyard
areas. The applicant shall revise the landscape plan to meet minimum requirements.
16. Phase II: The applicant does not meet the minimum requirements for bufferyard areas.
The applicant shall increase the plantings to meet minimum requirements.
17. The applicant must replace the Colorado spruce with other approved species in the plant
schedule.
18. All transplanted materials must be pre-approved by the City. Transplanted trees will not
be accepted if substituted without City approval. If approved for transplanting, the
material must be warranted for a minimum of one year. If transplanted materials die,
they must be replaced with nursery stock.
19. Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is
completed.
20. Any trees removed in excess of proposed tree preservation plans, dated 04/01/09, will be
replaced at a ratio of 2: 1 diameter inches.
21. All trees removed shall be chipped or hauled off site. No burning permits shall be issued.
22. The North Trail plans or parking lot design shall be modified to allow for appropriate
boulevard areas for winter plowing, snow storage and aesthetics.
23. A 3-foot clear space must be maintained around fire hydrants, and nothing shall be placed
in front of the hydrant outlets, connections, fire protection control valves that would
interfere with fire fighter operations. Section 508.5 MN. Fire Code and Sec. 508.5.4.
24. No burning permits shall be issued for trees to be removed. Trees and shrubs must be
removed or chipped on site.
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 10 of 11
25. Contact the Chanhassen Fire Marshal for locations of "No Parking Fire Lane" signage,
and locations of curbing to be painted yellow. MN Fire Code Sec. 503.3.
26. 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. MSFC see 501.4.
27. Fire apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus and shall be serviced so as to provide all-weather driving
capabilities. MSFC Sec. 503.2.3.
28. Due to the unknown timeframe associated with the signal installation, an updated traffic
study must be submitted with Phase 2 improvements. Powers Crossing's financial
obligations with respect to the signal installation will be determined at that time and
incorporated into the Site Plan Agreement for Phase 2."
and
E. "A sign size Variance request to permit an eight (8) foot tall sign with up to 64 square feet of
sign display area, subject to the following conditions:
1. Separate sign permits shall be required for each sign.
2. The development name in the monument sign shall be individual dimensioned letters with a
minimum Yz-inch projection.
3. Only one monument sign shall be permitted for the Powers Crossing Professional Center site.
4. The sign height for the directional signs shall be reduced to five feet. The display area for
sign #2 shall be reduced to four square feet.
5. The sign location shall meet all setback and site triangle requirements."
Mr. Bill Katter
Powers Crossing Professional Center
June 5, 2009
Page 11 of 11
Final plat documents must be submitted to the City 30 days prior to the City Council meeting in
which you wish to have your final plat approved. Conditions of the preliminary plat approval
must be addressed for final plat approval. Enclosed is the list of items required for submittal for
final plat approval.
Also enclosed is a site plan agreement that must be executed by United Properties. Note that if
there is a different property owner and/or mortgage holder on the property, they will need to sign
the consent(s) at the end of the agreement. Return the agreement to me for City execution and
recording at Carver County within 120 days of the final plat approval. The 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 may not issue a building permit for this project until the final plat documents and all
required fees and security have been executed and submitted to the City. If you have any
questions or need additional information, please contact me at (952) 227-1131 or
bgenerous @ci.chanhassen.mn.us.
-):J
Robert Generous, AICP
Senior Planner
ec: Kate Aanenson, Community Development Director
Alyson Fauske, Assistant City Engineer
Todd Gerhardt, City Manager
Terry Jeffery, Water Resources Coordinator
c: Timothy A. & Dawne M. Erhart
9611 Meadowlark Lane
Chanhassen, MN 55317
Enclosures
g:\plan\2009 planning cases\09-06 powers crossing professional center\approvalletter.doc
ITEMS REQUIRED FOR FINAL PLAT CONSIDERATION
The following items are required to be submitted a minimum of 30 days prior to
City Council meeting and payment of a $250.00 final plat review fee:
1. Submit three (3) sets of full size, 50 scale construction plans and
specifications for staff review and redline.
. Utility plans shall show both plan view and profiles of all utilities
(sanitary sewer, water and storm sewer lines). The plan view must
show all drainage and utility easements.
. Grading and drainage plans shall show dwelling type and elevations,
wetlands and wetland buffer areas, stormwater pond NWL and HWL,
EOF and catch basin and storm manhole numbers.
. The construction plans and specifications shall be in accordance to the
City's latest edition of Standard Specifications & Detail Plates.
. The plans shall include traffic signage and street light placement.
2. Drainage calculations for water quantity and quality ponding with maps
showing drainage areas for pre-and post-development conditions and
contributing areas to catch basins.
3. Hydraulic calculations and drainage map for the storm sewer design.
4. Tree Preservation Easements (if applicable).
5. Trail Easements (if applicable).
6. Engineer's Cost Estimate of Improvements:
a. Sanitary sewer system.
b. Water system.
c. Storm sewer drainage system including cleaning and
maintenance.
d. Streets, sidewalk and trails.
e. Erosion control.
f. Site restoration (seeding, sodding, etc.).
g. Site grading
h. Street lights & signs
i. Engineering, surveying & inspection
j. Landscaping
7. Five (5) sets (folded) of final plat, one (1) set of reductions (8W' x 11"), and
a digital copy in .tif format.
8. Digital copy of the legal description of the property in a .doc format.
9. Lot tabulations
Failure to provide any of the above items by the required deadline will
result in delaying consideration of final plat before the City Council.
Updated 11-29-06
g:\eng\forms\final plat submittal.doc
CITY OF CHANHASSEN
SITE PLAN PERMIT # 09-06
POWERS CROSSING PROFESSIONAL CENTER
SPECIAL PROVISIONS
AGREEMENT dated May 26, 2009, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and United Properties, LLC (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
with variances for building height for a two-phase, three-story, 160,000 square-foot professional
office building, and up to a 731-stall, five-level parking ramp (referred to in this Permit as the
"project"), The land is legally described as Lot 1, Block 1.
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 Westwood Professional Services, Inc., dated 4/01/09.
Plan B: Grading, Drainage and Erosion Control Plan prepared by Westwood Professional
Services, Inc., dated 4/01/09.
Plan C: Landscaping Plan prepared by Westwood Professional Services, Inc., dated 4/01109.
Plan D: Utility Plans prepared by Westwood Professional Services, Inc., dated 4/01/09.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 1, 2011. 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:
Mr. Bill Katter
United Properties, LLC
3500 American Boulevard West
Minneapolis, MN 55431
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 site plan with variances for building
height for a two-phase, three-story, 160,000 square-foot professional office building, and up to a
731-stall, five-level parking ramp subject to the following conditions:
a. The final plat for the development shall be recorded prior to the issuance of a building
permit.
b. The full buildout is predicated upon a tumback to the land owner of MnDOT right-of-
way. In the event that this tumback does not occur, the applicant may build a four-story
building totaling 112,000 square feet subject to parking compliance with City Code.
c. The developer is encouraged to meet design and construction standards that would lead
to, at a minimum, certification by the Leadership in Energy and Environmental Design
(LEED) Green Building Rating System by the U.S. Green Building Council, or comply
with the Minnesota Sustainable Building Guidelines, MSBG.
d. The developer shall continue the architectural detailing through the use of the three brick
colors as well as the use of stone and metal on the garage structure.
2
e. The developer shall provide secure bicycle racks and/or storage (within 200 yards of a
building entrance) for 5% or more of all building users (measured at peak periods), and
provide shower and changing facilities in the building. The developer should also
provide benches throughout the site as well as tables and chairs in the patio area.
f. The buildings are required to have an automatic fire extinguishing system.
g. The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
h. Accessible routes must be provided between commercial building(s), parking facilities
and public transportation stops.
1. All parking areas, including parking structure, must be provided with accessible parking.
J. The developer shall comply with the minimum parking setback requirement and install
appropriate berming and or landscaping to allow the 10 feet setback.
k. Retaining walls over four feet high must be designed by a professional engineer and a
permit must be obtained prior to construction.
1. All openings created in the wooded areas on the east and south sides of the development
shall be reforested with native tree species. Planting stock sizes may be variable. Species
selected must be from the Bluff Creek Management Plan native plant list. These areas
shall not be mowed or managed as turf areas.
m. The applicant shall install a second tier to the retaining wall at the north end of the east
side of the development to preserve the grade surrounding the oaks proposed to be saved.
n. The applicant does not meet required landscape quantities for parking lot trees and
islands/peninsulas in both phases. The applicant must meet minimum requirements for
parking lot trees and landscape islands/peninsulas.
o. Phase I: The applicant does not meet minimum requirements for either of the bufferyard
areas. The applicant shall revise the landscape plan to meet minimum requirements.
p. Phase II: The applicant does not meet the minimum requirements for bufferyard areas.
The applicant shall increase the plantings to meet minimum requirements.
3
q. The applicant must replace the Colorado spruce with other approved species in the plant
schedule.
r. All transplanted materials must be pre-approved by the City. Transplanted trees will not
be accepted if substituted without City approval. If approved for transplanting, the
material must be warranted for a minimum of one year. If transplanted materials die, they
must be replaced with nursery stock.
s. Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is
completed.
1. Any trees removed in excess of proposed tree preservation plans, dated 04/01/09, will be
replaced at a ratio of 2: 1 diameter inches.
u. All trees removed shall be chipped or hauled off site. No burning permits shall be issued.
v. The North Trail plans or parking lot design shall be modified to allow for appropriate
boulevard areas for winter plowing, snow storage and aesthetics.
w. A 3-foot clear space must be maintained around fire hydrants, and nothing shall be placed
in front of the hydrant outlets, connections, fire protection control valves that would
interfere with fire fighter operations. MSFC Sec. 508.5 and Sec. 508.5.4.
x. No burning permits shall be issued for trees to be removed. Trees and shrubs must be
removed or chipped on site.
y. Contact the Chanhassen Fire Marshal for locations of "No Parking Fire Lane" signage,
and locations of curbing to be painted yellow. MSFC Sec. 503.3.
z. 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. MSFC Sec. 501.4.
aa. Fire apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus and shall be serviced so as to provide all-weather driving
capabilities. MSFC Sec. 503.2.3.
4
bb. Due to the unknown timeframe associated with the signal installation, an updated traffic
study must be submitted with Phase 2 improvements. Powers Crossing's financial
obligations with respect to the signal installation will be determined at that time and
incorporated into the Site Plan Agreement for Phase 2.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
5
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND:
Todd Gerhardt, City Manager
UNITED PROPERTIES, LLC
BY:
Its
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of ,2009, 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
2009 by , the Developer.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
6
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 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
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 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
8
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 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.
9
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
,2009
By
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2009, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
10
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
,2009.
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
11