Approval Letter with Site Plan Agreement 09-10-2014Administration
September 9, 2014
CITY OF
Planning Case #2014 -24
CHANHASSEN
Building Inspections
Mr. Steve Johnson
7700 Market Boulevard
Solomon Real Estate Group
PC Box 147
1508 Welland Avenue
Chanhassen, MN 55317
Minnetonka, MN 55305
Administration
Re: The Village Shoppes of Chanhassen
Phone: 952.227.1100
Planning Case #2014 -24
Fax: 952.227.1110
Building Inspections
Dear Mr. Johnson:
Phone: 952.227.1180
Fax: 952.227.1190
This letter is to confirm that on September 8, 2014, the Chanhassen City Council
approved the following:
Engineering
Phone: 952.227.100
. A resolution approving the preliminary and final plat for Villages on the Ponds
Fax: 952.227.11770
Tenth Addition; and
Finance
Phone: 952.227.1140
. Site Plan Review for a one - story, two - building, 13,654 square -foot retail center
Fax: 952.227.1110
subject to the following conditions:
Park & Recreation
Subdivision
Phone: 952.227.1120
Fax: 952.227.1110
1. Before the final plat is recorded the $45 GIS fee must be paid.
Recreation Center
2310 Coulter Boulevard
Site Plan
Phone: 952.227.1400
Fax: 952.227.1404
Buildin¢
Planning &
Natural Resources
1. Building plans must be prepared and signed by design professionals licensed in
Phone: 952.227.1130
the State of Minnesota.
Fax: 952.227.1110
2. The buildings) are required to have automatic fire extinguishing systems. Water
Public Works
supply for the fire suppression system must comply with NFPA 13 (specifically,
7901 Park Place
see restriction/requirements for pipes under buildings).
Phone: 952.2271300
Fax: 9522271310
3. Retaining walls over four feet high must be designed by a professional engineer
and a permit must be obtained prior to construction.
Senior Center
Phone: 952.227.1125
4. Structure proximity to property lines and other buildings will have an impact on
Fax: 952.227.1110
the code requirements for the proposed buildings, including but not limited to,
Web Site
allowable size, protected openings and fire - resistive construction. These
www.ci.chanhassen.mn.us
requirements will be addressed when complete building and site plans are
submitted.
Chanhassen is a Community for Life • Providing forTodayand Planning for Tomorrow
Mr. Steve Johnson
Village Shoppes of Chanhassen- Planning Case #2014 -24
September 10, 2014
Page 2
5. Detailed occupancy - related requirements will be addressed when complete building plans are
submitted.
6. The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss building proximity issues as well as plan review and permit procedures
En 'neering
1. The applicant must obtain the necessary agreement for the shared access between Lots 1 and
2, Block 1, Villages on the Pond Tenth Addition.
2. Some of the sidewalk adjacent to the site is damaged and shall be replaced with the site
improvements.
3. The proposed 8" ductile iron watermain on the east side of the building shall be privately
owned and maintained.
4. The developer shall work with the small utility companies to ensure that any conflicts are
resolved.
5. The grading plan must be revised to include proposed spot elevations on the patio on the
northeast corner of the building on Lot 1 and the green area on the west side of Lot 2.
Fire Marshal
1. "No Parking Fire Lane" signs and yellow painted curb will be required. The builder shall
contact the Chanhassen Fire Marshal for specific areas.
2. There are specific codes relating to the installation of underground water mains under
buildings. The builder will need to submit specific plans to the Chanhassen Building
Department and Fire Department for review and approval.
3. A three -foot clear space must be maintained around fire hydrants.
Plannin¢
1. 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.
2. The developer shall provide the city with an acknowledgement from Community Bank
waiving their right to access for their underground garage area.
3. The material for the trash enclosure should reflect the building design and building materials.
The trash enclosure shall be shifted to the north with the gates facing north.
4. The building elevation must be revised to reduce the amount of E.I.F.S. to 15 percent.
Mr. Steve Johnson
Village Shoppes of Chanhassen- Planning Case #2014 -24
September 10, 2014
Page 3
5. Sloped roof elements shall be a minimum 70 percent of roof area. Revise the building
elevations to incorporate additional sloped roof features.
6. The developer should verify the placement of the light poles along Main Street to allow
pedestrian passage.
7. Additional benches should be provided as well as a bike rack.
8. The applicant shall revise the landscape plan to show the treed parking lot island with a
minimum inner width of 10 feet.
Water Resources
1. Prior to issuing a building permit, the hydrologic model shall be amended to include
hydrologic soils group B unless adequate evidence can be provided showing that the USDA
soil survey information is incorrect.
2. An operations and maintenance manual, stating anticipated inspections and maintenance and
including the responsible party, the schedule of these activities and the methodology of
reporting to the city, shall be prepared and submitted to the city for review and approval prior
to issuing a building permit.
3. The applicant shall discuss potential opportunities for infiltration or volume reduction and
incorporate where practicable to do so or provide reasons deemed satisfactory to city staff
why these practices are not being proposed.
4. A detail sheet showing all proposed erosion prevention and sediment control best
management practices shall be included with the final plan set.
5. Inlet protection on all existing catch basins downstream of the disturbance area and adjacent
to traffic routing. This includes the catch basin which the system is intended to tie into as
well as the four (4) catch basins near the entrance.
6. All turf areas shall have a minimum of 6 inches of topsoil placed prior to seeding or sodding.
Two signed mylar copies of the final plat shall be submitted to our office for signatures. One
1 " =200' scale mylar reduction of the final plat and one I " =200' scale paper reduction of the final
plat with just street names and lot and block numbers shall be submitted. The $45 GIS fee shall
be submitted. In addition, a digital copy in .dxf format and a digital copy in .tif format (pdf
compatible) in Carver County coordinates of the final plat shall be submitted. The City will
submit all the necessary documents to Carver County for recording. Processing of the final plat
documents prior to recording usually takes approximately two weeks upon receipt by the city.
All current year taxes must be paid in full and any delinquent property taxes or green acres taxes
must also be paid.
Mr. Steve Johnson
Village Shoppes of Chanhassen- Planning Case #2014 -24
September 10, 2014
Page 4
Enclosed is a site plan agreement that must be executed by Solomon Real Estate Group. 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 approval (by January 6, 2014)
and prior to the issuance of a building permit. The required security specified in the site plan
agreement ($126,500.00) shall be submitted in conjunction with the site plan agreement. Once
this is recorded and erosion control installed and inspected, you may begin site work. A separate
building permit application and review is required. A copy of the executed agreement will be
returned for your files.
Should you have any questions, please contact me at (952) 227 -1131 or by email at
beenerousna ci.chanhassen.mn.us.
Sincer
Robert Generous, AICP
Senior Planner
Enclosure
ec: Kate Aanenson, Community Development Director
Alyson Fauske, Assistant City Engineer
Todd Gerhardt, City Manager
Terry Jeffery, Water Resources Coordinator
Jerry Mohn, Building Official
VOP I, LLC
Chad Feigum, Westwood Professional Services
g: \plan\2014 planning cases\2014 -24 village shopper of chanhamen sub spr var sig\approval letter.doc
CITY OF CHANHASSEN
SITE PLAN AGREEMENT # 2014 -24
THE VILLAGE SHOPPES OF CHANHASSEN
SPECIAL PROVISIONS
AGREEMENT dated September 8, 2014, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Solomon Real Estate Group, (the "Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a one - story, two - building, 13,654 square -foot retail center (referred to in this Agreement as the
"project "). The land is legally described as Lot 2, Block 1, Villages on the Ponds Tenth Addition,
Carver County, Minnesota.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters into this Agreement 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 Agreement, the written terms shall control. The plans are:
Plan A: Site Plan prepared by Westwood Professional Services, Inc., dated 07/24/14.
Plan B: Grading, Drainage and Erosion Control Plan prepared by Westwood Professional
Services, Inc., dated 07/24/14.
Plan C: Landscaping Plan prepared by Westwood Professional Services, Inc., dated 08/04/14.
Plan D: Utility Plan prepared by Westwood Professional Services, Inc., dated 07/24/14.
Plan E: Photometric Plan prepared by On -Site Lighting & Survey, LLC dated 07/22/2014.
Plan F: Preliminary Building Elevations prepared by AMCON dated July 18, 2014.
Plan G: Floor Plan prepared by AMCON dated July 18, 2014.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 1, 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 Agreement, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ( "security') for
$126,500.00 (boulevard restoration, erosion control, landscaping and utility installation). 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.
PROCEDURESFOR
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. Steve Johnson
Solomon Real Estate Group
1508 Welland Avenue
Minnetonka, MN 55305
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 one - story, two -
building, 13,654 square -foot retail center subject to the following conditions:
Building
a. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
b. The building(s) are required to have automatic fire extinguishing systems. Water supply for
the fire suppression system must comply with NFPA 13 (specifically, see
restriction/requirements for pipes under buildings).
2
c. Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
d. Structure proximity to property lines and other buildings will have an impact on the code
requirements for the proposed buildings, including but not limited to, allowable size,
protected openings and fire - resistive construction. These requirements will be addressed
when complete building and site plans are submitted.
e. Detailed occupancy- related requirements will be addressed when complete building plans are
submitted.
f. The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss building proximity issues as well as plan review and permit procedures
Engineering
a. The applicant must obtain the necessary agreement for the shared access between Lots 1 and
2, Block 1, Villages on the Pond Tenth Addition.
b. Some of the sidewalk adjacent to the site is damaged and shall be replaced with the site
improvements.
c. The proposed 8" ductile iron watermain on the east side of the building shall be privately
owned and maintained.
d. The developer shall work with the small utility companies to ensure that any conflicts are
resolved.
e. The grading plan must be revised to include proposed spot elevations on the patio on the
northeast corner of the building on Lot 1 and the green area on the west side of Lot 2.
Fire Marshal
a. "No Parking Fire Lane" signs and yellow painted curb will be required. The builder shall
contact the Chanhassen Fire Marshal for specific areas.
b. There are specific codes relating to the installation of underground water mains under
buildings. The builder will need to submit specific plans to the Chanhassen Building
Department and Fire Department for review and approval.
c. A three -foot clear space must be maintained around fire hydrants.
Planning
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. The developer shall provide the city with an acknowledgement from Community Bank
waiving their right to access for their underground garage area.
c. The material for the trash enclosure should reflect the building design and building materials.
The trash enclosure shall be shifted to the north with the gates facing north.
d. The building elevation must be revised to reduce the amount of E.I.F.S. to 15 percent.
e. Sloped roof elements shall be a minimum 70 percent of roof area. Revise the building
elevations to incorporate additional sloped roof features.
f. The developer should verify the placement of the light poles along Main Street to allow
pedestrian passage.
g. Additional benches should be provided as well as a bike rack.
h. The applicant shall revise the landscape plan to show the treed parking lot island with a
minimum inner width of 10 feet.
Water Resources
a. Prior to issuing a building permit, the hydrologic model shall be amended to include
hydrologic soils group B unless adequate evidence can be provided showing that the USDA
soil survey information is incorrect.
b. An operations and maintenance manual, stating anticipated inspections and maintenance and
including the responsible party, the schedule of these activities and the methodology of
reporting to the city, shall be prepared and submitted to the city for review and approval prior
to issuing a building permit.
c. The applicant shall discuss potential opportunities for infiltration or volume reduction and
incorporate where practicable to do so or provide reasons deemed satisfactory to city staff
why these practices are not being proposed.
d. A detail sheet showing all proposed erosion prevention and sediment control best
management practices shall be included with the final plan set.
e. Inlet protection on all existing catch basins downstream of the disturbance area and adjacent
to traffic routing. This includes the catch basin which the system is intended to tie into as
well as the four (4) catch basins near the entrance.
f. All turf areas shall have a minimum of 6 inches of topsoil placed prior to seeding or sodding.
8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A"
and incorporated herein.
CITY OF CHANHASSEN
EVA
"�I ��
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of
2014, 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
SOLOMON REAL ESTATE GROUP
L.",
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2014, by
of Solomon Real Estate Group.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
5
the
NOTARY PUBLIC
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
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. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims
2
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
Agreement, 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 Agreement 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 Agreement.
D. Breach of Contract. Breach of the terms of this Agreement by the Developer shall be
grounds for denial of building permits.
E. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Agreement is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Occupan cy. 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. Recordine. This 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
7
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.
CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Agreement, 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 2014.
STATE OF MINNESOTA )
(ss
COUNTY OF 1
The foregoing instrument was acknowledged before me this day of
2014, by
of
DRAFCED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
the
NOTARY PUBLIC
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 2014.
Lo
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2014, by
of
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
10
the
NOTARY PUBLIC