Site Plan Agreement Transmittal 5-24-06
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
LETTER OF TRANSMITTAL
DATE I JOB NO.
5/24/06 06-05
ATTENTION
Sue Nelson
RE:
Document Recordina
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
o Shop drawings
o Copy of letter
[8J Attached 0 Under separate cover via the following items:
o Prints
o Change Order
o Plans 0 Samples 0 Specifications
o Pay Request 0 _
COPIES DATE NO. DESCRIPTION
1 2/27/06 06-05 Site Plan AQreement (Lot 1, Block 2, Gateway North)
THESE ARE TRANSMITTED as checked below:
o For approval
o For your use
o As requested
o Approved as submitted
o Approved as noted
o Resubmit copies for approval
o Submit copies for distribution
o Return corrected prints
o Returned for corrections
o For review and comment [8J For Recording
o FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
COpy TO: Sharmeen AI-Jaff, Senior Planner
SIGNED:
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
SITE PLAN 06-05
SPECIAL PROVISIONS
TIllS AGREEMENT (this "Site Plan Agreement") dated February 27, 2006, by and
between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and
CHANHASSEN GA TEW A Y PLACE, LLC, a limited liability company (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for a three story apartment building with a variance for the reduction of nine enclosed
parking spaces (referred to in this Site Plan Agreement as the "Project"). The land is legally
described as Lot 1, Block 2, Gateway North, according to the recorded plat thereof on file in Carver
County, Minnesota.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Site Plan Agreement and furnishes the security
required by it
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans. The plans shall not be attached to this Contract If the plans vary from the
written terms of this Permit, the written terms shall control. The plans are:
Plan A: Preliminary Plat dated received January 6,2006, prepared by Westwood Professional Services,
Inc.
Plan B: (C1) Grading and Erosion Control Plan dated received January 6,2006, prepared by Westwood
Professional Services, Inc.
Plan C: (C2) Utility Plan dated received January 6,2006, prepared by Westwood Professional Services,
Inc.
Plan D: (C3) Sidewalk and Paving Plan dated received January 6,2006, prepared by Westwood
Professional Services, Inc.
Plan E: (C4) Construction Detail dated received January 6, 2006, prepared by Westwood Professional
Services, Inc.
SP-1
Plan F: (L-I.O) Landscaping Plan dated received January 6,2006, prepared by Westwood Professional
Services, Inc.
Plan G: (A-I.O) Floor Plans dated received January 6,2006, prepared by Sand Companies, Inc.
Plan H: (A-I.1) Floor Plans dated received January 6,2006, prepared by Sand Companies, Inc.
Plan I: (A-I.2) Unit Plans dated received January 6,2006, prepared by Sand Companies, Inc.
Plan J: (A-I.3) Unit Plans dated received January 6, 2006, prepared by Sand Companies, Inc.
Plan K: (A-2.1) Elevations Plans dated received January 6,2006, prepared by Sand Companies, Inc.
Plan L: (A-2.2) Elevations Plans dated received January 6,2006, prepared by Sand Companies, Inc.
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31, 2007. 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 Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") for $ 63,800. This amount has been calculated at a rate of 110% of the actual value of
improvement. The actual landscape material estimate is $58,000. The City will release the
security posted in accordance with the City Code.
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:
Jamie J. Thelen
Chanhassen Gateway Place, ILC.
307 Golf View Drive
P. O. Box 10
Albany,~.56307
Phone: 320-202-3114
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. On February 27,2006, the City Council adopted the
following motions: ,
SP-2
''The Chanhassen City Council approves the site plan with a variance for the reduction of nine
enclosed parking spaces for Planning Case 06-05 for Chanhassen Gateway Place as shown on the
plans received January 6, 2006, subject to the following conditions:
a. The applicant shall replace the Colorado blue spruce specified on the landscape plan with an
alternate evergreen species.
b. One monument sign shall be permitted at the entrance to the development off of Lake Susan
Drive. These signs shall not exceed 24 square feet in sign display area nor be greater than
five feet in height. These signs shall be set back a minimum of 10 feet from the property line.
c. Additional information must be submitted pertaining to the height and materials used for the
privacy fence located east of the tot-lot and picnic area.
d. Details on the storm sewer connection to proposed Lake Susan Drive and proposed TH 212
should be provided. An emergency overflow for the proposed pond should be illustrated.
The applicant should submit a routing plan for any pond overflows from the site to a public
water body.
e. Drainage and utility easements (minimum 20 feet in width) should be provided over all storm
water infrastructure, including any emergency overflow structures. The storm water pond
should be platted in an outlot.
f. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Type of Slope
Steeper than 3: 1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can remain open
when the area is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
g. Rock construction entrance shall be installed as illustrated on Chanhassen Detail Plate 5301.
h. Wimco or similar inlet protection shall be installed at all inlets that may receive storm water
from site per Chanhassen Detail Plate 5302A. All inlet protection shall be inspected and
maintained to comply with NPDES requirements.
1. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
SP-3
J. Temporary stabilization of the exposed area shall include a straw or hay cover at a rate of 2
tons per acre, disc anchored into the soil, including the area around the apartment building.
k. To minimize tracking and erosion around the apartment building during construction,
temporary cover of straw or wood chips shall be placed around the building in amounts
sufficient to control rutting.
1. The plans shall be revised to show a concrete washout area, BMPs for containment and
potential stockpile locations.
m. Silt fence (Chanhassen Type 1) shall be installed around the north and east side of the pond
within 24 hours of permanent outlet installation.
n. The plans shall be revised to show inlet protection for sediment during construction for the
trench drain at the garage and shall include a detail.
o. Submit a detailed lighting and signage plan consistent with the Chanhassen Gateway PUD
Development Design Standards.
p. Building Official conditions:
1. The building must be protected with automatic fire sprinkler systems.
2. The building plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
3. An accessible route must be provided to the building, parking facilities and public
transportation stops.
4. All parking areas, including parking garage, must be provided with accessible parking
spaces.
5. Accessible dwelling units must be provided in accordance with Minnesota State Building
Code Chapter 1341.
6. The building owner and or their representatives shall meet with the Inspections Division
to discuss plan review and permit procedures.
q. Fire Marshal Conditions:
1. A 10 foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure
that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
2. Yellow curbing and "no parking fire lane" signs will be required. Contact Chanhassen
Fire Marshal for exact locations of yellow curbing and locations of signs to be installed.
3. Builder must comply with the Chanhassen Fire Department/Fire Prevention division
policies. Copies enclosed.
3.a 1-1990 regarding fire alarm systems.
3.b 4-1991 regarding notes to be included on all site plans.
3.c 7-1991 regarding pre-fire drawings.
SP-4
3.d 29-1992 regarding premise identification.
3.e 34-1993 regarding water service installation.
3.f 36-1994 regarding proper water line sizing.
3.g 40-1995 regarding fire protection systems.
3.h 06-1991 regarding fire lane signage.
3.i 52-2005 regarding commercial plan review submittal criteria.
4. Show on utility plan location of post indicator valve (PlY).
5. The hydrant on the south end of the loop shall be moved approximately 30 feet
northeast. Contact Chanhassen Fire Marshal for exact location and approval.
6. Fire apparatus access roads and water supply for fire protection is required to be
installed. Such protection shall be installed and made serviceable prior to and during the
time of construction except when approved alternate methods of protection are provided.
Temporary street signs shall be installed at each street intersection when construction of
new roadways allows passage by vehicles. Pursuant to 2000 Minnesota State Fire Code
Section 501.4
7. Fire apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus and shall be serviced so as to provide all-weather driving
capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. .
r. Approval of this site plan is contingent upon approval of the final plat for Gateway North.
s. The applicant shall enter into a site plan agreement.
t. The building shall comply with the Planned Unit Development building setback requirements
u. The applicant shall revise the plans to show a clock on the vertical element of the building."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "B" and incorporated herein.
SP-5
CITY OF CHANHASSEN
.,,,
BY:
,
(SEAL)
AND
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER ) d
The foregoing instrument was acknowledged before me thi~day of mfl...~ ,2006,
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of C anhassen, a .
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
, KIM T. MEUWISSEN i
Notary Public-Minnesota
My commission Expires Jan 31. 2010
~\.
NOTARY
CHANHASSEN GATEWAY PLACE, LLC:
BY:~ J&
Jamie den, Chief Manager
STATE OF MINNESOTA )
( ss
COUNTY OF [i-<:a.rN5)
The foregoing instrument was acknowledged before me this rz_ day of
2006 by Jamie Thelen, Chief Manager of CHANHASSEN GATEWAY PLACE, LLC, limited
liability company.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
I
JAMES W. SAND
Notary Public-Minnesota
My CommIeIIon ExplrH Jan 31, 2010
SP-6
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise
disturb the earth, remove trees, construct improvements, or any buildings until all the following
conditions have been satisfied: 1) Site Plan Agreement has been fully executed by both parties and
filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the
Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices
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 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 blowing materials, 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 City shall retain $3,180.00
of the posted security for landscaping for twelve (12) months following planting to secure the
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warranties. Provided the landscaping is in the condition required herein following such twelve (12)
month period, the City shall release the remaining security to Developer within ten (10) business
days of request therefore.
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 of8% 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 Site Plan Agreement
is a license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this. Permit by the Developer shall be
grounds for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Site Plan Agreement.
GC-8
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 Site Plan Agreement. 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 Site Plan Agreement shall
not be a waiver or release.
H. Recording. This Site Plan Agreement shall run with the land and may be recorded
against the title to the property.
1. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
J. Construction Hours. The normal construction hours under this Site Plan
Agreement 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 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
property pursuant to this Site Plan Agreement, the Developer shall comply with all laws,
ordinances, and regulations of the following authorities to the extent any of the same have
jurisdiction over the property's development:
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.
GC-9
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 Site Plan Agreement.
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 holdhann1ess the
City, its governing body members, officers, and employees from any claims or actions arising outof
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\2005 planning cases\05-03 walgreens\site plan agreement.doc
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