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13-08 SPA Recording TransmittalCITY 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 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 11/25/13 2013 -08 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/12/13 13 -08 Site Plan Agreement 2013 -08 Bluff Creek Senior Cottages) ❑ FOR BIDS DUE For Recording ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Dave Pokorney, Community Asset Development Group SIGN (952) If enclosures are not as noted, kindly notify us at once. copies for approval copies for distribution corrected prints CITY OF CHANHASSEN SITE PLAN AGREEMENT 2013 -8 SPECIAL PROVISIONS THIS AGREEMENT ( "Site Plan Agreement ") dated August 12, 2013, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Bluff Creek Senior Housing, LLC., a Corporation under the laws of the State of Minnesota (the "Developer")- 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for construction of a 13,700 square -foot continuing care retirement facility (Bluff Creek Senior Cottages), Planning Case 20I3 -08 (referred to in this Site Plan Agreement as the "Project "). The land is legally described in the attached Exhibit A. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Site Plan Agreement and fimmishes 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: (1 of 11) Boundary Survey dated received June 14, 2013, prepared by Sathre Bergquist Inc. Plan B: (2 of 18) Title Sheet dated Received June 14, 2013, prepared by BCE Consultant, LLC. Plan C: (3 of 11) Final Site Plan dated Received June 14, 2013, prepared by BCE Consultant, LLC. Plan D: (4 of 11) Grading/ Erosion Control Plan dated Received June 14, 2013, prepared by BCE Consultant, LLC. Plan E: (5 of 11) Bluff Exhibit dated Received June 14, 2013, prepared by BCE Consultant, LLC. Plan F: (6 of 11) Preliminary Utility Plan dated Received June 14, 2013, prepared by BCE Consultant, LLC. Plan G: (7 of 11) Civil Details dated Received June 14, 2013, prepared by BCE Consultant, LLC. SP -1 Plan H: (8 of 11) Landscaping Plan dated Received June 14, 2013, prepared by BCE Consultant, LLC. Plan L• (9 of 11) Floor Plan dated Received June 14, 2013, prepared by 292 Design Group. Plan J: (10 of 11) Exterior Elevations dated Received June 14, 2013, prepared by 292 Design Group. Plan K. (11 of 11) Rendering of the Exterior Elevation Received June 14, 2013, prepared by 292 Design Group. 4. Time of Performance. The Developer shall install all required screening and landscaping by July 31, 2015. 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 Site Plan Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ( "security") in the amount of $90,710.00. This amount has been calculated at a rate of 110% of the actual value of improvement (landscaping, erosion control, utility extension, etc.). The City will release the security posted in accordance with the City Code. 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 registered mail at the following address: Dave Pokorney Community Asset Development Group 1110 Yellow Brick Rd Chaska, Mn 55318 612 703 5709 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail m 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. On August 12, 2013, the City Council adopted the following motion: "The City Council approves The site plan consisting of a 13,700 square -foot continuing care retirement facility, Planning Case 2013 -08 for Bluff Creek Cottages as shown in plans dated received June 13, 2013, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Building Official Conditions: 1. The proposed structure is required to have an automatic fire extinguishing system. 2. All plans must be prepared and signed by design professionals licensed in the State of Minnesota. A geotechnical (soil evaluation) report is required. SP -2 Planning Conditions: All rooftop and ground equipment must be screened from views. 2. Approval of the site plan application is contingent upon approval of the rezoning and conditional use permit for Planning Case 2013 -08. 3. The monument sign may not exceed 24 square feet in area nor be higher than 5 feet. The sign shall be located 10 feet from the property line. 4. Sign illumination and design shall comply with ordinance. If illuminated, the letters shall be backlit and use individual dimension letters, at least one -half inch deep. The sign materials shall be compatible with the building. The applicant must apply for a sign permit. 5. The trash enclosure for the building has not been shown on the plans. The structure must be screened from views and constructed of the same materials as the building. Recycling space and other solid waste collection space should be contained within the same enclosure as the trash. 6. Light levels for site lighting shall be no more than one -half foot candle at the project perimeter property line. This does not apply to street lighting. Light fixtures shall be downcast and the light shall be cut off at a 90- degree angle as required by the city code. All fixtures shall be shielded. Park and Trail Conditions: Park fees in the amount of $12,000 shall be collected as part of the site plan permit. Engineering Conditions: An agreement must be obtained from MnDOT and Carver County to allow the driveway to connect to Pioneer Trail (County Road 14) and to allow construction of private utilities in the right -of -way. 2. The applicant must apply for and receive a NPDES construction permit prior to any earth - disturbing activity. 3. The applicant must prepare a SWPPP consistent with the NPDES construction permit requirements (Part III) and submit this SWPPP to the city for review and comment. 4. The construction of the bioretention area shall be phased such that it is not disturbed until after the rest of the site has been graded. The plans shall be amended to reflect this and perimeter control shall be installed that will prevent the operation of equipment and the stockpiling of materials in this area. 5. Sediment control Best Management Practices shall remain in place around the bioretention basin until the area tributary to the basin is stabilized. SP -4 24. The turnaround must allow enough room for a fire truck to turn and exit the parking lot without going through the parking spaces. Approved turnarounds include a 100 -foot hammerhead and a 70 -foot diameter cul -de -sac. 25. The plans are amended to read "Assumed wetland boundary — area not delineated per 1987 Corps Manual." 26. The 894' contour is the assumed wetland boundary for purposes of determining buffer and setbacks. 27. Wetland buffer shall be shown to measure twenty (20) feet as is consistent with a Manage 2 wetland. The setback from this buffer shall then be thirty (30) feet. 28. That portion of the property containing the Bluff Creek Primary Zone and the tributary to Bluff Creek is dedicated to the city as per discussion with applicant and city staff. 29. The model shall be amended to show that the peak discharge rate at the curb cut is no greater than 3.0 cfs during the 25 -year storm event. If this cannot be achieved, the applicant is strongly encouraged to use pipe to convey stormwater runoff. 30. An operations and maintenance manual shall be provided to the city for review and approval and shall cover the bioretention feature and the swale inlet into the pond. 31. The outfall for the stormwater detention pond shall be pulled away from the wetland such that there is adequate room to install all rip rap without any disturbance below the 894' contour. If practicable to do so, the outfall shall be pulled entirely outside of the wetland buffer area. 32. The bioretention feature shall be designed in a manner consistent with the Minnesota Stormwater Manual "design criteria for bioretention". 33. A detailed plan for the bioretention feature, including phasing, soil amendments, underdrain (if necessary) and planting schedule shall be provided to the city for review and approval. 34. Percolation tests shall be performed in the bioretention area to determine infiltration rates. The model shall be amended based upon these findings and provided to the city. 35. The bioretention feature shall be designed such that it drains within 48 hours. 36. Pretreatment shall be provided prior to discharge to the bioretention feature. This shall be a grass swale consistent with the MN Stormwater Manual "Guidelines for filter strip pre- treatment sizing ", a forebay or a sump manhole at least three feet in depth. 37. The applicant must receive permission from Carver County for the proposed runoff condition into Pioneer Trail, and provide a spread and run calculation to show that the proposed catch basin will capture the ten -year event or otherwise design the storm sewer to capture this event. 38. The applicant is responsible for all other permits and approvals. SP -6 39. The developer's engineer must show the detailed lift station design and location in the plans. 40. The City of Chaska must approve the sanitary sewer plans. 41. The sanitary sewer and watermain shall be privately owned and maintained. 42. A plan sheet is required to show the watermain extension from the driveway to the connection to Chanhassen's watermain system. 43. The watermain that is parallel to Pioneer Trail must be 8 inches for fire flow conditions. 44. The developer's engineer shall model the watermain extension for fire flow demand to the development to ensure the watermain pipe size is adequate. 45. Fire hydrants are required every 400 feet, and gate valves are required every 800 feet. 46. This property has outstanding assessments from previous improvement projects that were deferred due to the property's Green Acres status. Altering the zoning for this property will cause the assessments to come due. 47. Water and sewer trunk and hook -up fees are to be collected with the development contract. 48. A permit is required for any work within the MnDOT or Carver County right -of -way. 49. A temporary construction easement will be required for the installation of utilities within road right -of -way. Miscellaneous Conditions: The applicant shall work with staff on minor plan modifications." 8. General Conditions. The general conditions of this Site Plan Agreement are attached as Exhibit "B" and incorporated herein. CITY OF CHANHASSEN % BY: �_ A�C T Furlon , Mayor (SEAL) u AND; dd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) SP -7 The foregoing instrument was acknowledged before me this 14"day of �O13 by Tom 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. F.NGEI.MARDT Na�ary F"uCi(la•�innoso @'Y -s �My Commission Expires an 31. 20 2015 Nyy�M/N SP -8 DEVELOPER: ICE STATE OF MINNESOTA ) ( ss COUNTY OF CARMOf ) =I The foregoing instrument was acknowledged before me this JILEL day of N oyan pf=� _ 2013, by bov t ic) P," NE-{j C90 /,,cc .,a Corporation under the laws of the State of Minnesota, on behalf of the company. SUSAN ERBE A KR Notary 11211 Ub it $ State of Minnesota My Commission Ezplres NOTARY PUBLIC January 3t, 2015 DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227 -1100 SP -9 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT C 0 &A W. "N.7,Tq 3 \-V lk k I�-Nkfir_� 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. fh Dated this ; day of A JQV_ R ErL , 2013. STATE OF MINNESOTA ) ( ss COUNTY OF _8L E ?1_" _ The 2013, by was s�BNotary Pu li HOFFMAN Notary Public- Minnesota My Commission Expires Jan 31, 2014 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 before me this 10 day of &Io✓ember , CITY OF CHANHASSEN GC -1 IC SITE PLAN AGREEMENT EXHIBIT "B" 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) Site Plan 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, 3) the Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 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 D, 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 blowing materials, 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 City shall retain $3,180.00 of the posted security for landscaping for twelve (12) months following planting to secure the warranties. Provided the landscaping is in the condition required herein following such twelve (12) GC -2 month period, the City shall release the remaining security to Developer within ten (10) business days of request therefore. 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 plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 91/o, 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 fast given notice of the work in default, not less than four (4) days in advance. This Site Plan Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the 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 Site Plan Agreement. GC -3 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 Site Plan Agreement. 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 Site Plan Agreement shall not be a waiver or release. H. Recording. This Site Plan Agreement 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 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 Site Plan Agreement shall be from 7:00 am. to 7:00 p.m. on weekdays, from 9:00 am. 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 property pursuant to this Site Plan Agreement, the Developer shall comply with all laws, ordinances, and regulations of the following authorities to the extent any of the same have jurisdiction over the property's development: 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. GC -4 M. Proof of Title. Upon request, the Developer shall fiunish 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 Site Plan Agreement. 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 -5