Approval Letter 5-23-06
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
May 23, 2006
Mr. Joe Smith
Steiner Construction Services, Inc.
3610 South County Road 101
Wayzata, MN 55391
Re:
Arboretum Business Center
Planning Case #06-16
Dear Mr. Smith:
This letter is to confirm that on May 22, 2006, the Chanhassen City Council
approved Planning Case Site Plan #06-16, for a 25,300 square-foot, one-story
office-showroom-warehouse building, plans prepared by Mohagen Hansen
Architectural Group, dated March 30, 2006, subject to the following conditions:
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. A separate sign permit will be necessary for each sign.
3. The building is required to have an automatic fire extinguishing system.
4. The plans.must be prepared and signed by design professionals licensed in the
State of Minnesota.
5. Air-test required on that portion of storm sewer within ten feet of building or
water service. Permits and inspections required through Chanhassen Building
Inspections Division.
6. Detailed occupancy related requirements will be addressed when complete
plans are submitted.
7. The owner and or their representative shall meet with the Inspections Division
as soon as possible to discuss plan review and permit procedures.
8. The applicant shall obtain permission from the property owner to the north prior
to silt fence installation. If permission is not obtained, the plans shall be revised
to accommodate all sediment control measures on-site.
9. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as-needed.
10. The owner/operator of the proposed development shall apply for and receive an
NPDES Phase IT Construction permit prior to beginning construction activities.
The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mr. Joe Smith
May 24, 2006
Page 2 of2
11. The applicant shall apply for and obtain a permit from the Riley-Purgatory- Bluff Creek
Watershed District and comply with their conditions of approval.
12. The Black Hills spruce near the building shall be moved east to serve as screening for the
truck area. A narrower species of evergreen shall be considered for planting in this area.
13. A revised landscape plan shall be submitted before building permit approval.
14. All lighting fixtures must be shielded with a total cutoff angle equal to or less than 90
degrees.
15. A professional civil engineer registered in the State of Minnesota must sign all plans.
16. The applicant will be required to submit storm sewer sizing design data for a lO-year, 24-
hour storm event with a full size drainage area map prior to building permit issuance.
17. The applicant must verify with the City Building Department if the site connecting to the
existing 8-inch watermain on the east side is adequately sized to handle the two lots'
consumption.
18. As the eastern access will service the two lots, cross-access easements will need to be
obtained and recorded against the lots.
19. Any future loading docks shall be angled similar to the building to the east.
Enclosed is a site plan agreement that must be executed by Steiner Construction Services, Inc.
Return the agreement to me for city execution and recording at Carver County within 120 days
of the approval (by September 20, 2006). If there is a separate property owner, they will need to
sign the consent page at the end of the agreement. If there is a separate mortgage holder, they
will need to sign the mortgage holder consent page. The required security specified in the site
plan agreement shall be submitted prior to the city issuing a building permit. A copy of the
executed agreement will be returned for your files. If you have any questions or need additional
information, please contact me at (952) 227-1131 or bgenerous@cLchanhassen.mn.us.
Sincerely,
.~'
Robert Generous, AICP
Senior Planner
Enclosure
ec: Kate Aanenson, Community Development Director
Alyson Fauske, Assistant City Engineer .
Jerry Mohn, Building Official
g:\plan\2006 planning cases\06-16 arboretum business center\approvalletter.doc
CITY OF CHANHASSEN
SITE PLAN PERMIT #06-16
SPECIAL PROVISIONS
AGREEMENT dated May 22, 2006, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Steiner Construction Services, Inc., (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for a 25,300 square-foot, one-story office-showroom-warehouse building (referred to in
this Permit as the "project"). The land is legally described as Lot 1, Block 1, Arboretum Business
Park 5th Addition.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enter into this Permit 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 Permit, the written terms shall control. The plans are:
Plan A --Site Plan dated March 30, 2006, prepared by Mohagen Hansen Architectural Group.
Plan B--Grading Plan dated March 29, 2006, prepared by Schoell & Madson, Inc.
Plan C--Landscaping Plan dated March 23, 2006, revised April 25, 2006, prepared by Schoell &
Madson, Inc.
Plan D--Utility Plans dated March 29, 2006, prepared by Schoell & Madson, Inc.
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Plan E--Exterior Elevation dated March 30, 2006, prepared by Mohagen Hansen Architectural
Group.
4. Time of Performance. The Developer shall install all required screening and
landscaping by November 15, 2006. 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 Permit, the Developer
shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$5,000.00 (boulevard restoration/erosion control). 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.
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 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:
Mr. Joe Smith
Steiner Construction Services, Inc.
3610 South County Road 101
Wayzata, MN 55391
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.
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7. Other Special Conditions. (Site plan approval conditions)
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. A separate sign permit will be necessary for each sign.
c. The building is required to have an automatic fire extinguishing system.
d. The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
e. Air-test required on that portion of storm sewer within ten feet of building or water service.
Permits and inspections required through Chanhassen Building Inspections Division.
f. Detailed occupancy related requirements will be addressed when complete plans are
submitted.
g. The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
h. The applicant shall obtain permission from the property owner to the north prior to silt fence
installation. If permission is not obtained, the plans shall be revised to accommodate all
sediment control measures on-site.
1. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as-needed.
J. The owner/operator of the proposed development shall apply for and receive an NPDES Phase
II Construction permit prior to beginning construction activities.
k. The applicant shall apply for and obtain a permit from the Riley-Purgatory-Bluff Creek
Watershed District and comply with their conditions of approval.
1. The Black Hills spruce near the building shall be moved east to serve as screening for the
truck area. A narrower species of evergreen shall be considered for planting in this area.
m. A revised landscape plan shall be submitted before building permit approval.
n. All lighting fixtures must be shielded with a total cutoff angle equal to or less than 90
degrees.
o. A professional civil engineer registered in the State of Minnesota must sign all plans.
p. The applicant will be required to submit storm sewer sizing design data for a lO-year, 24-
hour storm event with a full size drainage area map prior to building permit issuance.
3
q. The applicant must verify with the City Building Department if the site connecting to the
existing 8-inch watermain on the east side is adequately sized to handle the two lots'
consumption.
r. As the eastern access will service the two lots, cross-access easements will need to be
obtained and recorded against the lots.
s. Any future loading docks shall be angled similar to the building to the east.
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"B" and incorporated herein.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND:
Todd Gerhardt, City Manager
DEVELOPER:
BY:
Its
4
ST ATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of , 2006, 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
STATEOFMINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2006 by
, of Steiner Construction Services, Inc.
NOTARY PUBLIC
DRAFfEDBY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
5
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDmON
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
1
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 authroize 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
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.
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
2
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.
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.
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 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
3
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 Svstems. 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. Arty 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
4
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.
5
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 _ day of
,200_
By
STATEOFMINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
200_ , by
NOTARYPUBUC
DRAFlED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
6
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
,20_.
STATE OF MINNESOTA )
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARYPUBUC
DRAFIED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
7