Transmittal of SPA 10-18-04
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
LETTER OF TRANSMITTAL
DATE I JOB NO.
10/18/04 2004-15 SP
ATTENTION
Sue Nelson
RE:
Document RecordinÇJ
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
[g Attached 0 Under separate cover via the following items:
o Shop drawings
o Copy of letter
o Prints
o Change Order
o Plans 0 Samples 0 Specifications
o Pay Request 0 _
COPIES DATE NO. DESCRIPTION
1 5/23/04 04-1 5 Site Plan Permit #2004-15 - Lots 1-26, Block 1 and Outlots A & B,
Stone Creek Town Offices
THESE ARE TRANSMITTED as checked below:
o For approval
o Approved as submitted
D· Approved as noted
o As requested
o Returned for corrections
o Resubmit copies for approval
o Submit copies for distribution
o Return corrected prints
[g For your use
o For review and comment [g For Recording
o FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
COpy TO: Mark Undestad, Stone Creek Office Group, LLC
SIGNED:
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN PERMIT #2004-15
STONE CREEK TOWN OFFICES
SPECIAL PROVISIONS
AGREEMENT dated May 23, 2004, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Stone Creek Office Group, LLC (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for the construction of 5 three-unit and 2 five-unit office buildings (referred to in this
Permit as the "project"). The land is legally described as Lots 1-26, Block 1, and Outlots A and B,
Stone Creek Town Offices.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Permit and furnishes 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 tenns of this Permit, the written terms shall control. The plans are:
Plan A:
Stone Creek Town Offices Cover Sheet, dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
Plan B:
Final Plat Signature Sheet, dated received April 13,2004, prepared by E.G. Rud &
Sons, Inc.
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Plan C:
Plan D:
Plan E:
Plan F:
Plan G:
Plan H:
Plan I:
Plan J:
Plan K:
Plan L:
Plan M:
Plan N:
Plan 0:
Plan P:
Plan Q:
Preliminary Plat, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc.
Final Plat, dated received April 13, 2004, prepared by E.G. Rud & Sons, Inc.
Preliminary Grading, Drainage, and Erosion Control Plan, received April 13, 2004,
prepared by Plowe Engineering, Inc.
Preliminary Utility Plan, received April 13, 2004, prepared by Plowe Engineering,
Inc.
Architectural Site Plan dated received April 13, 2004, prepared by Mohagen Hansen
Architectural Group.
Landscape Plan dated received April 13, 2004, prepared by Mohagen Hansen
Architectural Group.
Landscape, Signage & Trash Enclosure Details dated received April 13, 2004,
prepared by Mohagen Hansen Architectural Group.
Site Photometric Plan dated received April 13, 2004, prepared by Mohagen Hansen
Architectural Group.
Triple 48' -0" Walk Out Plans dated received April 13, 2004, prepared by Mohagen
Hansen Architectural Group.
Triple 48' -0" Walk Out Elevations dated received April 13,2004, prepared by
Mohagen Hansen Architectural Group.
Five 48' -0" Walk Out Plans dated received April 13, 2004, prepared by Mohagen
Hansen Architectural Group.
Five 48' -0" Walk Out Plans dated received April 13, 2004, prepared by Mohagen
Hansen Architectural Group.
Five 48' -0" Walk Out Elevations dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
Triple 48' -0" Slab on Grade Plans dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
Triple 48' -0" Slab on Grade Elevations dated received April 13, 2004, prepared by
Mohagen Hansen Architectural Group.
4.
Time of Performance. The Developer shall install all required screening and
landscaping by June 15, 2005. The Developer may, however, request an extension of time from the
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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 $63,800 (Landscaping). This amount has been calculated at a rate of 110% of the
actual value of improvement and has been furnished with the Development Contract.
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:
Mark Undestad
Stone Creek Office Group, LLC
8156 Mallory Court
Chanhassen, MN 55317
(952) 361-0722
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 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. On May 24, 2004, the City Council approved Site
Planning Case 04-15 for Stone Creek Town Offices as shown on the plans received April 13, 2004,
subject to the following conditions:
A. Environmental Resources Specialist Conditions:
1. Applicant shall increase landscape plantings in bufferyards to meet minimum
requirements. A revised landscape plan shall be submitted before final approval.
2. Applicant shall plant a minimum of 36 overs tory trees in the parking lot to meet
minimum requirements.
3. Norway maple shall be replaced by a more suitable tree selection.
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B. Building Official Conditions:
1. Buildings (units) over 2000 sq. ft. in gross floor area are required to be protected
with automatic fire sprinklers.
2. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
3. An accessible route must be provided from the accessible parking spaces to the
entrances of all units. The maximum slope of the accessible route is 1/20.
4. Separate water, sewer and fire protection services must be provided for each piece
of property.
5. Exterior walls less than ten (10) feet from property lines must be of fire-resis.tive
rated construction in accordance with mc Chapter 6 and terminate in accordance
with mc Chapter 7.
6. Separate male and female restrooms must be provided in each unit with an
occupant load greater than 15, as determined by mc Table 1003.2.2.2.
7. Detailed construction and occupancy related requirements cannot be reviewed
until complete plans are submitted.
8. The owner and or their representative shall meet with the Inspections Division as
soon as possible to begin the preliminary plan review process discuss permit
procedures.
C. On the site plan:
1. Revise the scale from 1 "=20' to 1 "=40'.
2. Show the existing and proposed trail/sidewalk adjacent to the site.
3. Show all dimensions for the improvements, i.e. drive aisle width, cul-de-sac
radius, curb return radii, stall lengths/widths, etc.
D. No direct access to Highway 5 is allowed.
E. All exposed soil areas shall have temporary erosion protection or permanent cover for the
exposed soil areas year round, according to the following table of slopes and time frames:
Type of Slope
Time
(Maximum time an area can
remain open when the area
is not actively being worked.)
Steeper than 3: 1
1O:1t03:1
Flatter than 10: 1
7 days
14 days
21 days
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other
natural or man made systems that discharge to a surface water.
F. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as-needed.
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G. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with
their conditions of approval.
H. Each site shall provide areas for bicycle parking and storage.
I. The applicant shall provide a second trash enclosure area south of Lot 5 and relocate the
proposed trash enclosure to the south of Lot 18.
J. Fire Marshal conditions:
1. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps,
trees, shrubs bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This
is to insure fire hydrants and be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
2. Three additional fire hydrants will be required. Install 1 southwest of lot 11 in the
parking island. Install 1 southeast of lot 6 in the parking island. Install 1 in the
island between lots 20 and 21 on the south side on the building. If necessary,
please contact the Chanhassen Fire Marshal for the exact location. Fire Lane
signs and yellow curbing will be required. Contact the Fire Marshal for exact
location of signs and curbs to be painted.
K. Extend the sidewalks and relocate accessible parking access aisle as shown in attachment
1.
L. The applicant to work with staff to provide a walk on the south end skirting the parking
lot and over to the cul-de-sac, then loop around the cul-de-sac to the north to connect up
with the existing trail system.
M. Relocate the trash enclosure and add another one as indicated by staff. Duplicates
condition #9.
N. If entrances are granted on both sides of the southern buildings, there should be a walk on
the north side of the building.
O. The applicant will work with staff and MnDot to provide additional screening and
berming along Highway 5.
P. Turning radiuses on the site shall accommodate fire fighting vehicles.
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"B" and incorporated herein.
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(SEAL)
CITY OF CHANHASSEN
~~
BY: ~~
AND:
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thisf.\.-\-~y ofûA,-obt:JY, 2004,
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. =1MT~~
-- NOT AR PUBLIC
^^^^^^^^
KIM f MEUWlSSEN
NotGr\' '-UJ:;I Minnesota
~;,. !l:h qOUNTY
My Comr.::;;:::;; F.x;:::::31ß1J2005 DEVELOPER:
vvvvvvvvvvvvvvvv
STATE OF MINNESOTA
COUNTY OF Co..ýyer
)
( ss
)
BY, ~- 2Þ--Cc Ol¿-:;c, Ll(
Its r~
The foregoing instrument was acknowledged before me this \ S" day of ~ \C')t3E-R- ,
2004 by ßD(~ uý\ck'&+dd
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 -L day of O~
,2004
By~0 ~Cc..kotf-G-." Ltc
Its p~
STATE OF MINNESOTA )
(} . ( ss
COUNTY OF ~ )
The foregoing instrument was acknowledged before me this 1 ~ day of @~ ,
2004 by /Y'lc:uJv ~
~
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227 -1100
DRAFTED BY:
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CITY OF CHANHASSEN
SITE PLAN PERMIT
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: I) 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, 3) the site
plan has been recorded with the County Recorder's Office 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 E, 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
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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, rrom 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 rree at the time of planting. All trees
shall be warranted for twelve (12) months rrom the time of planting. The Developer or his
contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or
other security acceptable to the City to secure the warranties at the time of final acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless rrom
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.
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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 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.
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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.
R. 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 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 7:00 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.
II
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 violationldisturban:Ge of these sites shall render them as unacceptable and
replacement sites will freed 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 shäl1 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
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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.
g:lplan\2004 planning casesl04-15 - stone creek town officeslsite plan agreement.doc
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