Recorded Site Plan Permit
Document No. OFFICE OF THE
A 402 768 COUNTY RECORDER
~IIIIIIIIIII CARVERCOUNTY,MINNESOTA
Certified Recomed on 12:2~1:5:1:;Z ~:3~
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CITY OF CHANHASSEN
SITE PLAN PERMIT #04-32
SPECIAL PROVISIONS
AGREEMENT dated October 11, 2004, by and between the CITY OF CHANHASSEN, a
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Minnesota municipal corporation, (the "City"), and FRED C. RIESE AND V ALAIRE P.
RIESE, husband and wife (the "Developer").
I. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan to construct an 8,068 square-foot building - The Goddard School (referred to in this
Permit as the "project"). The land is legally described as Lot 1, Block 1, Old Village Hall.
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
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with the following plans. The plans shall not be attached to this Contract. If the plans vary from the
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written terms of this Permit, the written terms shall control. The plans are:
Plan A (TI.I) - Title Sheet dated received September 30, 2004, prepared by Broad Ripple Design
Assoc. ll...C and John Oliver & Associates, Inc.
Plan B (CI.I) - Existing Conditions and Removals dated received September 30, 2004, prepared
by John Oliver & Associates, Inc.
Plan C (C2.l) - Site Plan dated received September 30, 2004, prepared by John Oliver &
Associates, Inc.
Plan D (C3.l) - Erosion Control & Grading Plan dated received September 30,2004, prepared by
John Oliver & Associates, Inc.
Plan E (C4.l) - Utility Plan dated received September 30, 2004, prepared by John Oliver &
Associates, Inc.
Plan F (CS.l) - Site Lighting Plan dated received September 30, 2004, prepared by John Oliver &
Associates, Inc.
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Plan G (C6.l) - Site Details dated received September 30, 2004, prepared by John Oliver &
Associates, Inc.
Plan H (C6.2) - Site Details dated received September 30, 2004, prepared by John Oliver &
Associates, Inc.
Plan I (Ll.l) - Landscape Plan dated received September 30, 2004, prepared by John Oliver &
Associates, Inc.
Plan J (Al.l) - Floor Plan dated received September 30,2004.
Plan K (A2.l) - Exterior Elevations dated received September 30,2004, prepared by Broad Ripple
Design Associates, ll...C.
Plan L (A2.2) - Enlarged Entry Elevations dated received September 30, 2004.
Plan M (A3.l) - Building Cross Section dated received September 30, 2004.
Plan N (A3.2) - Wall Sections dated received September 30,2004.
Plan 0 (AS.l) - Roof Plan & Roof Details dated received September 30, 2004.
Plan P (A9.l) - Fixture Plan dated received September 30, 2004.
Plan Q (AlO.l) - Building Data Plan dated received September 30, 2004.
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4. Time of Peñormance. The Developer shall install all required screening and
landscaping by June 15, 2005. 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.
S. 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 $13,4lS.60 (Landscaping and Erosion Control). This amount has been calculated
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at a rate of 110% of the actual value of improvement.
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. Fred C. Riese
9154 Sunnyvale Drive
Chanhassen, MN 55317
(952) 233-1633
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. On October 11,2004, the City Council adopted the
following motion: "City Council approve Site Plan 04-32 for an 8,068 square foot building to
house a school as shown on the plans dated received September 3,2004, subject to the following
conditions:
A. Applicant shall preserve all existing trees south of the grading limits and outside of
the property lines. Any trees removed will be replaced at a rate of 2: 1 diameter
inches.
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B. Applicant shall move the red maple shown in the southeastern corner of the site to a
location within the grading limits. A revised landscape plan shall be submitted to the
city.
C. Permits from the appropriate regulatory agencies will have to be obtained including
but not limited to the MPCA and Watershed District.
D. Add detail sheet showing City Detail Plate Nos. 1002, 1006,2001,3101,3102,5201,
5203,5214 and 5300.
E. Sanitary sewer and water hookup charges are applicable for the new building. The
2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain.
Sanitary sewer and watermain hookup fees may be specially assessed against the
parcel at the time of building permit issuance. All of these charges are based on the
number of SAC units assigned by the Met Council.
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F. Prior to building permit issuance, all plans must be signed by a professional civil
engineer registered in the state of Minnesota.
G. Any retaining wall over 4 feet in height must be designed by a Structural Engineer
registered in the State of Minnesota and require a permit from the Building
Department. A 4-foot safety fence must be included on top of the wall where adjacent
to a pedestrian walkway.
H. On the site plan, revise the handicap parking stall from 9-inch to 9-feet.
I. On the utility plan:
- Revise the sanitary sewer pipe class from SDR35 to SDR26.
- Revise the watermain pipe from CL55 to CL52.
J. Show all existing easements on the plans.
K. Revise the plans to provide a minimum of 1.5 feet of elevation difference between the
FFE of the building and the emergency overflow elevations of the side yard areas.
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L. Storm sewer sizing calculations for a lO-year storm event must be submitted prior to
building permit approval
M. Tree protection fencing must be installed around all trees in the construction zone that
will remain.
N. All rooftop equipment shall be screened.
O. The applicant shall enter into a site plan agreement with the city and provide the
necessary financial securities.
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P. Fire Marshal Conditions:
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1. The building will be built to the 2000 International Fire Code as adopted by the
State of Minnesota not the NFPA 101 2000 Life Safety Code.
2. Builder must comply with the following Chanhassen Fire DepartmentJFire
Prevention policies (copies enclosed):
· 01-1990 regarding fire alarm systems
· 04-1991 regarding notes to be included on all site plans
· 07-1991 regarding pre-fire plan drawings.
· 29-1992 regarding premise identification
· 36-1994 regarding proper water line sizing
· 40-1995 regarding fire protection systems
· 34-1993 regarding water service installation
3. The 4-inch ductal iron pipe as shown on page C4-1 should be no smaller than 6-
inch perNFPA 13 Sect. 9-1.3.
Q. Building Official conditions:
1. The building is required to be protected by automatic fire extinguishing systems.
2. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
3. The accessible parking spaces must be located on the shortest possible route to the
buildings served.
4. Roof drain piping must be air tested within 10 feet of the building.
5. Detailed occupancy related requirements will not be reviewed until complete
plans are submitted for a building permit.
6. The owner and or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit procedures.
R. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed
sign plan incorporating the method of lighting, acceptable to staff should be provided
prior to requesting a sign permit. No neon or high intensity lighting will be allowed."
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"B" and incorporated herein.
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By:"'i~
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CITY OF CHANHASSEN
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(SEAL)
AND:
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10dd Gerhardt, City Manager
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STATE OF MINNESOTA
COUNTY OF CARVER
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The foregoing instrument was acknowledged before me this~day of 1Jec~rY\k~ 2004,
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the co ration and pursuant to the authority granted
by its City Council.
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DEVELOPER:
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STATE OF MINNESOTA )
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COUNTY OF) ,µ
Theforegoing instrument was acknowledged before me this iK day Of~tJVL~
2004 by Drl1'\tI:.o.- Lee: LnrYìrh~r¿, .
SAENDAL. ~
NaIaIY NIID a&Mtalr
My Comm. E1qIINI_ 11._
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NOTARY PUBUC
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CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this Jt^day of 'fl I1JthL/.21qf{)4
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STATE OF MINNESOTA)
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COUNTY OF caJV.i-r )
The foregoinftins~ment was acknowledged before me this iX!!'ðay of71¡J¡/p~
2004, by ß('lfl(lfb. ue LaMpheru.
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~ BAENDAL LÞMPHEAE
Ndary Pu\:AroMI.4Iata
..¡. MyComm EapllelJln.S1,2II08
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NOTARY UBUC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227 -11 00
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CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITIONS
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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, 3) the site
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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 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
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shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
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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 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 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
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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 plat development work and construction. Bills
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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.
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D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
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E.
Severability. If any portion, section, subsection, sentence, clause, paragraph, or
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phrase of this Permit is for any reason held invalid, such decision shall not affect the
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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
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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 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
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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.
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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.
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
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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.
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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.
g:\plan\2004 planning cases\04·32 - the goddard school\spa.doc
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