Approval Letter SPACITY OT CIIANIIASSII'I
Chanhassen is a Community for Life - Providing for Today and Planning for Tomonow
February 17,2021
Mr. Todd Simning
Lakes at Chanhassen LLC
350 Highway 7, Suite 218
Excelsior, MN 55331
Re: Site Plan Agreement - Planning Case #2021-04
Dear Mr. Simning:
Enclosed is a Site Plan Agreement for the proposed I l0-unit, thee-story apartment building with
a variance for the building height. Please execute the Agreement and have the Mortgage Holder
Consent executed (name, title and company). Submit the security specified in the Agreement
($518,934.00) in the form ofa letter or credit or cash escrow for erosion control, grading,
landscaping and stormwater infiltration and conveyance improvements. A fee of$196,533.04
($194,333.04 park and $2,200.00 traffrc signal) must be paid prior to recording the Site Plan
Agreement.
A building permit must be applied for and received prior to beginning site construction. The Site
Plan Agreement must be executed and recorded prior to receiving a building permit. A cross
parking and access agrcement must be prepared for the benefit of the other properties within
Powers Ridge. Please execute and retum to the city for recording.
Should you have any questions, please contact me at (952) 227-ll3l or by email at
bsenerous@ci.chanhassen.mn.us.
Si
Robert Generous, AICP
Senior Planner
Enclosures
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77OO MARKET BOULEVARD . PO BOX I47 . CHANHASSEN .I,IINNESOIA 55317
Kate Aanenson, Community Development Director
Erik Henricksen, Project Engineer
Heather Johnston, Interim City Manager
Jerry Ruegemer, Parks and Recreation Director
Matt Unmacht, Water Resources Coordinator
Eric Tessman, Building Official
CIry OF CHANHASSEN
SITE PLAN AGREEMENT #2021.04
LAKE PLACE
SPECIAL PROVISIONS
AGREEMENT dated January 25, 2021, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Lakes at Chanhassen, LLC, a Minnesota
Limited Liability Company (the "Developer and Owner").
l. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a I lO-uni! three-story apartrnent building with a variance for the building heiglt to allow 42
feet to the midpoint of the roof (referred to in this Agreement as the "project"). Said agreement
shall zupersede and replace Site Plan Agreernent Case #: 87-3 PUD, 99-19 SPR Phases II, III & IV,
dated June 26,2000, recorded as Document #A638866 on December 20, 2016. The land located
in Carver County, Minnesot4 is legally described as tot 2, Block l, Powers Ridge Apartrnent
Homes 2nd Addition, Carver County, Minnesota.
2. Conditions of Site PIan Approval. The City hereby approves the site plan on condition
that the Developer enters into this Agreernant and fumish 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 CivilSite Group, datd 1210412020.
Plan B--{rarling, Drainage and Erosion Control Plans prepared by CivilSite Group, dated
12/04/2020.
Plan C-Landscaping Plan prepared by CivilSite Group, datd 12lM/2020.
Plan D-Utility Plans prepared by CivilSite Group, datd l2lM/2020.
Plan E - SWPPP prepared by CivilSite Group, dated l2lM/2020.
Plan F - Architectuml Plans prepared by Tushie Mongomery Architects, datd l2lMl2020
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4. Time of Performance. The Developer shall install all required screening and landscaping
by October 3 I , 2022 . T\e Developer may however, request an extension of time from the City. If
an extension is gmnted, 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 tfins of this Agreement, the Developer shall
fumish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$518,934.00 (grading erosion control, stormwater and landscaping). The amount was calculated at
a rate of I 10 % of the actual cost of improvanants.
PROCEDURES FOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
6. Notices. Required notices to the Dweloper 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. Todd Simning
Chanhassen lakes, LLC
350 Highway 7, Suite 218
Excelsior, MN 55331
Notices to the City shall be in uriting 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 Ci[ Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227 -1 1 00.
7 . Other Special Conditions. City Council approves a site plan for a 1 lO-uni! three-story
apartrnent building with a variance for the building height to allow 42 feet to the midpoint ofthe
roof subject to the following conditions:
Buildine
l. A building permit must be obtained before beginning any construction.
2. Building plans must be prepared and sigred by desigrr professionals licensed in the State of
Minnesota-
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3. Building plans must provide sufficiort information to verifr that the proposed building
meets all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
4. The building is required to have automatic fire extinguishing systems.
5. Structure proximity to property lines (and other buildings) will have an impact on the Code
requironents for the proposed buildings, including but not limited to allowable size,
prctected openings and fire-resistive construction. These requirernents will be addressed
when complete building and site plans are submitted.
6. Building plans must include a code analysis that contains the following information: Key
plaq Occupancy group, Type of construction, Allowable height and areq Fire sprinklers,
Separated or non-sqrarated, Fire resistive elements (Exterior walls, Bearing walls - exterior
or interior, Shaft, lncidental use), Occupant load, Exits required (Common path, Travel
distance), Minimum plumbing fixture count.
7. Retaining walls more than four-feet high must be designed by a professional engineer and a
building permit must be obtained prior to construction.
8. A final grading plan and soils report must be submitted to the Inspections Dvision before
building permits will be issued.
Eneineering and Water Resources
The applicant shall submit an updated existing conditions survey upon submittal of final
construction plans with the following updates:
a. The location ofa second benchmark (top nut ofsecond hydrant);
b. Utility locations primarily based off GSOC locates and/or any as-built information
available (clarifu "Per Plans" or the "source information');
c. Existing sanitary manholes shall utilize city nomenclature;
d. Show extents up to 150 feet beyond site's boundary which are to include utility
lines, easements, right-of-way, spot elevations, contours, etc.;
2. The applicant shall escrow $2,200.00 with the city as a financial guaftmtee for a shme ofthe
local cost participation based on traffic generated from the site for a future tramc signal at
the intersection of lake Drive West and Powers Boulevard. The cost of the traffic signl is
based upon a figure of $20 per unit.
3. Drainage arrows and emergancy overflow routes shall be illustrated on updated construction
plans for review and approval by the city prior to issuance ofa Notice to Proceed.
4. A geotechnical engineer shall be on-site duriflg gra.ding operations. If groundwater is
encountered during gnding, gra.des shall be adjusted to maintain a three foot separation
from the bottom floor elevation and adhering to the recommendations of the soil angineer
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on site. Changes to grades shall be submitted to the city for review and approval.
5. The applicant shall supply the city with a detailed haul route for review and approval by
staff for materials imported to or exported fiom the site. If the material is proposed to be
removed off site to another location in Chanhassen, that property owner will be required to
obtain an earthwork permit from the city.
6. During the course of grading and/or constmction if any drain tile is discovered, the
developer shall noti! the City Engineer and shall relocate or abandon the drain tile as
directed.
7. All retaining walls exceeding four feet in height shall have plans and details prepared by a
registered engineer or landscape architect prior to issuance of building permits.
8. Any grading approved within the public right-of-way shall require the execution of a
temporary construction easement between the applicant and the city.
9. The applicant shall apply for and obtain permis from the appropriate regulatory agencies, as
nec€ssary, i.e. Riley Purgatory Bluff Creek Watershed District, Carver County, Minnesota
Pollution Control Agency, Minnesota Departnent of Nanral Resources, Army Corps of
Engineers, etc., and comply with their conditions of approval.
10. The applicant shall enter into a site plan agreernent with the city and provide necessary
financial security to guarantee compliance with the terms of site plan approval. This shall
include, but is not limited to, 110% of the estimated costs of construction for grading
erosion control and stormwater improvernents associated with the developmant.
I l. The applicant and their engneer shall work with city staff on amending the preliminary
construction plans, dated December 4, 2020 prepared by Matthew R. Pavek, PE with
CivilSite Group, to fully satisfo staff concerns. Final construction plans will be subject to
review and approval by staff.
12. The applicant shall relocate the proposed monumant sign wholly outside the public drainage
and utility easement and public right-of-way.
Environmental Resources
l. A total of l6 over-story trees shall be located around the pa*ing lot and driveways.
2. Soeening through the use of shrubs shall be added to the south side of the building at the
west side along the entry drive.
3. The applicant shall remove Colorado spruce and Northwoods Red maple from the plant
schedule. An altemative selection of trees shall meet city ordinance for diversity (30-20-10)
and be appropriate for clay, compacted soils.
4. A total of eight over-story boulevard trees shall be planted along [ake Drive West outside
of the right-of-way.
5. Applicant shall increase understory rees in buffer yard along [,ake Drive West to meet
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minimum requirernents.
6. The PUD agreement states that the applicant shall provide a minimum of $500.00 of
landscaping p€r multi-family unit. The applicant shall provide the city with a cost estimate
for the required landscaping at the time of building permit approval showing compliance
with this requirement.
Fire
I . All egress doors on all sides should have a hard surface path that leads Aom the egress door
to the public right-of-way.
Parks
1. The developer shall pay $ 194,333.M in Park fees with the building permit.
2. The developer shall be responsible for construction of the lake Drive West trail along the
northwest portion of the property.
Plannine
l. The developer shall enter into a site plan agreernent and provide the security required by it
prior to receiving a building pennit.
2. The developer shall be required to enter into a Tax Incrernent Financing Agreement
ensuring the affordability of the units.
3. A separate sign permit application, review and approval shall be required prior to site sigr
installation.
4. The developer shall connect the sidewalks on the eastem side of the building to the
sidewalk to Lake Drive and on the western sides ofthe building to Lake Drive.
5. A revised lighting plan with photo metrics shall be submitted for city review and approval.
6. The developer shall record cross parking and cross access agreements with the other parcels
in the Powers Ridge development.
8. General Conditions. The general conditions of this Agreement are attached as Exhibit 'A'
and incorporated herein.
9. Counterparts. This Agreernant may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
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CIry OF CHANHASSEN
BY
Elise Ryan, Mayor
AND:
Heather Johnston, Interim City Manager
STATE OF MINNESOTA
COUNry OF CARVER
The foregoing instrument was acknowledged before me this_day of
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20_,
by Elise Ryan, Mayor, and by Heather Johnston, Interim City Manager, of the City of Chanhassen,
a Minnesota municipal corporafion, on behalf of the corporation and pursuant to the authority
granted by its City Council.
NOTARY PUBLIC
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DEVELOPER:
Its: Manaqer
STATE OF MINNESOTA
COT'NTY OF
The foregoing instrument was acknowledged before me this _ day of_ _,20_ by Todd M. Simning, Manager, I-akes at Chanhassen, LLC, a Minnesota Limited Liability
Company.
NOTARY PUBLIC
DRAFTED BY:
City ofchanhass€n
7700 Ma*€r Boulevard
P. O. Box 147
Chanhassert. MN 55317
(952't 22'l-l lN
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CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT'A'
GENERAL CONDITION
l. 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 site plan agreernart 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 mnditions having been satisfied.
3. License. The Developer hereby grants the City, its agents, employees, officers and contractors
a license to enter the site to perform all work and inspections deerned 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 confol plan, Plan B, shall be implernented, inspected, and approved by the City. The
City may impose additional erosion control requirernents if they would be beneficial. All areas
disnubed 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 ternporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recogfze that time is of the essence in mntrolling erosion. If the Developer does not comply with
the erosion conhol 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 noti! the Developer in advance ofany proposed action, but failure ofthe City
to do so will not affect the Developet's and City's rights or obligations hereunder. No development
will be allowed and no building permits will be issued unless there is fuIl 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 ofthe City, there is no longer a
need for erosion conhol, the City will authorize removal ofthe 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 sueets 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) monttrs 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
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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.
acceptance.
8. Developer's Default In the event of default by the Developer as to afly of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developo shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is fint
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.Placernent 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 ofa 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 Postrnaster'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 Agreernent 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. Occuoanc.v. Unless approved in writing by the City Engineer, no one may o@upy a
building for which a building permit is issued on either a temporary or perrnanent basis until
the streets needed for access have been paved with a bituminous zurface and the utilities
tested and approved by the city.
G. WaiversiAmendments. 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.
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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 Aom site
plan approval and development. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or experses which the City may pay or incur in
consequence of such claims, including attomeys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attomeys' fecs.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all development work and consfuction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8o/o per \ear.
H. Recordins. 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 confened 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
riglg 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 deerned 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 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. Construction activities in
conjunction with new developments and city improvement projects, including but not
limited to grading, utility installation and paving requiring the use ofheavy equipment shall
be permiued between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m.
and 5:00 p.m. on Saturdays. No such activity is permitted on Srurdays or public 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 Treatrnent Svstems. If soil treatment systems are required, the Developer shall clearly
idatifu in the field and protect from alteration, unless suitable altemative sites are first
provided, the two soil treatrnent sites identified during the site plan process for each lot.
This shall be done prior to the issuance of a Grading Permit. Any violation/distutance 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. Comoliance with [aws. Ordinances. and Resulations. In the development of the site plan,
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
l. City of Chanhassen;
2. State ofMinnesota, its agencies, departrnents and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agancies, departrnents and commissions.
M. Proof of Title. Upon reques! the Developer shall fumish 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 pqpose for which the Developer may make use of such
propefy. The Developer firther agrees that il will indemni!,, defend, and hold harmless
ttre City, its goveming body members, officers, and employees from any claims or actions
arising out of the presence, if any, ofhazardous wastes or pollutans 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 conceming the nature of
zuitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
Bridgewater Bank, a Minnesota Banking Corporation, ISAOA, ATIMA, which holds a mortgage
on the subject property, the development of which is govemed by the foregoing Site Plan
Agreement, agrees that the Site Plan Agreement shall rernain in full force and effect even if it
forecloses on its mortgage.
Dated this _ day of 20
STATE OF MINNESOTA )
( ss.
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
NOTARY PUBLIC
DRAFTEDBY:
City of Chanhassor
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 553 l7
(9s2)227-1t0O
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