Site Plan Permit Recording Transmittal 11-01-2012CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227 -1100 FAX (952) 227 -1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
LETTER OF TRANSMITTAL
DATE JOB NO.
11/1/12 1 2012-16
ATTENTION
Carole Hoeft
RE:
Document Recordin
WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change Order ❑ Pay Request ❑
COPIES
DATE
NO.
DESCRIPTION
1
9/10/12
12 -06
Site Plan Permit 2012 -06 for Super Dog Country Club (Lot 2, Block
I .
1, Arboretum Business Park 3 rd Addition)
® For Recording
❑ FORBIDS DUE
❑ PRINTS RETURNED AFTER LOAN TO US
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ Approved as submitted ❑ Resubmit
❑ For your use
❑ Approved as noted ❑ Submit
❑ As requested
❑ Returned for corrections ❑ Return
❑ For review and comment
® For Recording
❑ FORBIDS DUE
❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: Karen Jackson
SIGNE
copies for approval
copies for distribution
corrected prints
-1107
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT # 2012 -06
SPECIAL PROVISIONS
AGREEMENT dated September 10, 2012, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and SUPER DOG COUNTRY CLUB, LLC (the
'Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 5,281 square -foot expansion to the approved site plan for a total of 26,301 square feet of
building area (referred to in this Permit as the "project "). The land is legally described as Lot 2,
Block 1, Arboretum Business Park P Addition.
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 James R. Hill, Inc., dated May 4, 2012, revised July 20, 2012.
Plan B: Grading, Drainage and Erosion Control Plan prepared by James R. Hill, Inc., dated May 4,
2012, revised July 20, 2012.
Plan C: Landscaping Plan prepared by James R. Hill, Inc., dated May 4, 2012, revised July 18,
2012.
Plan D: Utility Plans prepared by James R. Hill, Inc., dated May 4, 2012, revised July 20, 2012.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 1, 2013. 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
$12,750.00 (erosion control, landscaping and storm sewer). 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:
Super Dog Country Club, LLC
Attn: Karen Jackson
10104 Indigo Drive
Eden Prairie, MN 55347 -1208
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 for a 5,281 square -foot
expansion to the approved site plan for a total of 26,301 square feet of building area subject to the
following conditions:
Building Official Conditions
a. The buildings are required to have automatic fire extinguishing systems.
b. Building.plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
c. Retaining wails over four feet high must be designed by a professional engineer and a
permit must be obtained prior to construction.
2
d. The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss property line issues as well as plan review and permit procedures.
e. Any work on existing utilities on site will have to be coordinated carefully with the affected
utility to insure there is no interruption of customer service.
Engineering Conditions:
a. Additional information and calculations must be submitted to determine if the regional pond
can accommodate the proposed additional impervious areas. The applicant shall work with
staff on revised calculations.
b. If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with detailed haul routes.
c. The developer will need to work with staff to minimize the height of the retaining wall on
the west side of the proposed parking lot. Currently, the finished wall is outside the
drainage and utility easement, but the structural support will likely be located within the
drainage and utility easement. All structural support for the wall must be located outside of
the drainage and utility easement.
d. Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota. Due to the height of
the retaining wall, a fence must be placed on the top for safety at any location that the
vertical separation of the ground is greater than four feet.
e. The City of Chaska will be providing sewer and water service to this site. Approvals,
permits, and fees for sewer and water will be with the City of Chaska.
f. The sanitary sewer along the west property line, storm sewer along the east property line,
and storm sewer along the south property line shall be publicly owned and maintained. All
other utilities within the property boundary will be privately owned and maintained.
g. Details must be provided for all proposed storm sewer, sanitary sewer, and watermain
crossings. Actual elevations of existing utilities shall be verified for accuracy. A minimum
vertical separation of 18 inches is required at all storm, sanitary, and watermain crossings.
Contact Gordy Stauff at 952 -227 -1166 with the City of Chanhassen Engineering
Department 48 hours prior to connecting to the storm.
h. Each new building is subject to sanitary sewer and water hookup charges. Sanitary sewer
and water hookup fees are unknown at this time, but will be need to be paid to the City of
Chaska.
i. 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
provide the City with the necessary financial security in the form of a letter of credit or cash
3
escrow in the amount of $9,000.00 to guarantee the installation of the storm sewer, erosion
control, and seeding. The applicant must also notify the City after installation of the erosion
control and 48 hours prior to the commencement of grading. Permits from the appropriate
regulatory agencies will be required, including the MFCA and the Dept. of Health.
j. Encroachment agreements will be needed for the fence in the drainage and utility
easements.
k. The applicant shall work with staff to make changes to plans according to staff redlines.
Environmental Resource Specialist Conditions:
a. Increase plantings for bufferyard areas in order to meet ordinance requirements.
b. Transplanted trees will not be accepted as quantities to meet minimum landscape
requirements.
c. To control noise the applicant must install, maintain and operate an ultrasonic noise
abatement system. City staff will review the effectiveness of the system 6 months after
the system is operational and then 12 months after it is operational. If city staff concludes
there's an issue with noise they will bring it back to the City Council and the City Council
may require the planting of 15 trees to replace the noise abatement system. The applicant
shall escrow X dollars as determined by city staff to guarantee that the trees are planted.
Fire Marshal Conditions
a. A three -foot clear space shall be maintained around the circumference of the fire hydrant
per MSFC Section 508.5.5.
b. Nothing shall be placed in a manner that would prevent operation of the fire hydrant by
firefighters. MSFC Section 508.5.4.
Planning Conditions
a. The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
b. Mechanical equipment shall be screened through the placement on the roof, the use of
parapet walls and the use of low - profile equipment.
c. The applicant shall extend the sidewalk on the west side of the building to the south to
connect to the sidewalk across the south side of the buildings, and to the north to the
sidewalk along the north side of the building.
d. A separate sign permit is required for each sign.
4
e. The applicant shall prepare and implement an additional noise abatement/mitigation plan.
Water Resource Coordinator Conditions:
Surface Water Drainage and Treatment
a. While it does not appear that the site will exceed the maximum 70% hardcover as allowed
by §20 -505, calculations must be provided. These calculations shall include the artificial
turf areas.
b. The submittal shall indicate if there is an underdrain system for the artificial turf areas. If
there is, show how this is connected to the public conveyance system. The applicant must
also describe how this system prevents animal wastes from entering the storm sewer system.
c. The landscape plan calls out non -woven weed mat. This should be changed to reflect that
the fabric must have a minimum permittivity of 0.7 sec as described in ASTMD -4491 and
an apparent opening size maximum of 0.25 mm. If this is not acceptable for the
landscaping purposes, this area shall be calculated as hardcover for both planning and
stormwater modeling purposes.
Erosion and Sediment Control
a. The applicant shall provide the NPDES Permit number prior to commencement of earth
disturbing activities.
b. The SWPPP shall be amended such that under Project Contacts, the City contact is Terry
Jeffery, Water Resources Coordinator 952 -227 -1168 and Chip Hentges, Carver County
SWCD, 952 -393 -1146 shall be added.
c. That portion of the SWPPP with the heading `Responsibility Requirements" shall be
completed in full and submitted to the City and included in the on -site SWPPP prior to the
commencement of earth disturbing activities.
d. Per Part 111. A. 3 of the NPDES permit, a narrative describing the timing and placement of
all erosion prevention and sediment control BMPs must be included in the SWPPP.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
CITY OF HANHASSEN
BY: I
Thom Furlong, Mayo
AND:
odd Gerhardt, City Manager
STATE OF MINNESOTA )
(sS
COUNTY OF CARVER )
The foregoing instrument was
Thomas A. Furlong, Mayor, and by
Minnesota municipal corporation, on
by its City Council.
acknowledged before me this,day of 2012, by
Todd Gerhardt, City Manager, of the City of Chanhassen, a
)ehalf of the corporation and pursuant to the authority granted
�r KAREN I ENGELHARDT
Notary Public- Minnesota
My Commission Expires Jan 31, 2015
STATE OF MINNESOTA
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this , day of O� ,
2012 by Karen Jackson, the &PS( d o A of Super Dog Country Club, LLC.
DRAFrED BY:
j DAINN M. LUNDMARK
City of Chanhassen ARY PUBLIC MINNESOTA
ommNs7on Expires J , an. 31 2015
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
sm . , r VA Mira I
ff FI N IfisdoiWA , 1,�
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT " A "
GENERAL CONDITIONS
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.
GC -1
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 pay or 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.
I. Remedies Each right, power or remedy herein conferred upon the City is cumulative and in
GC -2
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.
I 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 Regagations 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.
GC -3
CONSENT
Owners of all or part of the subject property, the development of whicy is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof anj agree to be bound by
the provisions as the same may apply to that portion of the subject pSuperry ed by them.
Dated this day of 04cI L eQ , 2012
LM
STATE OF MINNESOTA )
( ss
COUNTY OF (- Z 4 )
The foregoing instrument was acknowledged before me this - day of 05b6-er— ,
2012, by
—W '
w
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
DAWN M. LUNDMARK
r NOTARY PUBLIC - MINNESOTA
k My CommiRion Expires Jan. 31, 2015