Approval Letter 7-25-06
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
July 25,2006
Mr. John Vogelbacher
Sienna Corporation
4940 Viking Drive, #608
Minneapolis, MN 55435
Re: Lakeside - Planning Case #06-26
Dear Mr. V ogelbacher:
This letter is to notify you that on July 24,2006, the Chanhassen City Council
approved the following:
A. "Rezoning of the property located within the Lakeside development, from
High Density Residential District (R12) to Planned Unit Development - Residential
(PUD-R) incorporating the development design standards contained within this staff
report subject to the final plat approval for the Lakeside development."
B. "Preliminary Plat for Lakeside, plans prepared by Pioneer Engineering,
dated May 19, 2006 , revised June 7, 2006, and July 17,2007, with a revised grading
plan dated July 24, 2006 and a revised tree preservation plan dated received July 24,
2006, subject to the following conditions:
1. The developer must submit a list of proposed street name(s) and an addressing
plan to Chanhassen Building Official and Chanhassen Fire Marshal for review
and approval prior to final plat of the property.
2. Each lot must be provided with separate sewer and water services.
3. Additional fire hydrants will be required. Please contact the Chanhassen Fire
Marshal for exact location of additional hydrants and any to be relocated.
4. A minimum buffer of 16.5 to 20 feet shall be preserved around the perimeter
of the wetland. All structures (including parking lots) shall maintain a 40-foot
setback from the wetland buffer. All trails and retaining walls shall be
modified to remain outside the wetland buffer. The plans shall be revised to
reflect the required wetland buffer and wetland buffer setback. Wetland
buffer areas shall be preserved, surveyed and staked in accordance with the
City's wetland ordinance. The applicant shall install wetland buffer edge
signs before construction begins and shall pay the City $20 per sign.
5. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3.
All structures shall be located a minimum of 75 feet from the OHW. The
proposed fire pit shall be located a minimum of 75 feet from the OHW and
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. John Vogelbacher
Lakeside - Planning Case 06-26
July 25, 2006
Page 2
shall be buffered from the lake by vegetation. No grading or intensive clearing of vegetation
shall occur within the shore impact zone (all areas within 37.5 feet of the OHW).
6. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a
recreational beach lot.
7. All existing amenities and/or structures (including any docks, existing beach that is not
proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat
launch is not permitted.
8. The location of the building on Lot 1, Block 1 shall be adjusted to respect all drainage and
utility easements.
9. The applicant shall supply details about the water feature between the rear yards of the units
in Block 3, specifically the source for the water in the water feature. As an alternative to the
current proposal, the applicant should consider revising the plans to utilize storm water as an
amenity as part of a rain garden system in this area.
10. The applicant shall provide additional information detailing the proposed emergency
overflow (EOF) route from Pond 1 to Lake Riley.
11. The grading and landscaping proposed around Pond 1 shall be revised to provide a flat, open
area so maintenance equipment can access the flared end sections from Lake Riley Road East
without damaging the retaining wall or the landscaping and without being below the NWL of
the pond.
12. All storm water infrastructure, including catch basins, storm sewer pipes, manholes, flared-
end sections, outlet structures, ponds and swales, shall be owned, operated and maintained by
the developer and, eventually, the homeowners association. Prior to final plat recording, the
developer shall enter into an agreement with the City that outlines the parameters of
operation, inspection and maintenance of the storm water infrastructure. This agreement
shall be transferred to the homeowners association prior to the developer relinquishing
responsibility for the development.
13. The SWPPP shall be provided to the City for review by the Carver Soil and Water
Conservation District.
14. The plans shall be revised to show that erosion control blanket will be installed over all areas
with 3:1 slopes or steeper.
15. A stable emergency overflow (EOF) for the pond shall be provided. The EOF could consist
of riprap and geotextile fabric or a turf re-enforcement mat (a permanent erosion control
blanket). A typical detail shall be included in the plan.
16. Energy dissipation shall be provided for all inlets and outlets within 24 hours of installation
Mr. John Vogelbacher
Lakeside - Planning Case 06-26
July 25, 2006
Page 3
17. Wimco-type or other comparable inlet controls shall be used and installed within 24 hours of
installation of the inlets. Perimeter controls and inlet protection shall be in place and
maintained as needed until 70% of the vegetation is established.
18. Typical building lot controls shall be shown on the plan in a typical detail. These controls
shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control
and temporary mulch after final grade and prior to issuing the Certificate of Occupancy
(CO).
19. The proposed storm water pond shall be used as a temporary sediment basin during mass
grading. The pond shall be excavated prior to disturbing up-gradient areas. Plans shall show
how the temporary basin will be constructed and how water will be diverted to the temporary
basin. Berms and/or ditches may be needed to divert water to the pond, and temporary pond
outlets are needed. The outlet could be a temporary perforated standpipe and rock cone. The
plans shall be revised to include a detail for the temporary pond outlet.
20. The proposed silt fence along Wetland Basin B shall be Type 2 silt fence, as specified in
Chanhassen Standard Detail Plate 5300. Type 1 silt fence may be used for the remainder of
the site. The grading plan shall be revised to show the proposed silt fence following the
grading limits for the site and shall be located outside of the required 16.5-foot wetland
buffer. Silt fence shall be placed at the proposed high water level elevation of the proposed
storm water pond.
21. Street gutters and catch basins are considered "surface waters" and shall be protected from
exposed soils with a positive slope within 200 linear feet. Following installation of curb and
gutter, silt fence shall be installed curbside along all positive slopes to the street with exposed
soils.
22. Plans shall be revised to show erosion and sediment control measures for the road ditch along
Lyman Boulevard. All perimeter controls shall be inspected by the city and the SWCD prior
to grading.
23. Details for concrete washout areas where drivers will wash out their trucks and how the
water will be treated should be developed and included in the SWPPP.
24. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
25. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $195,293.
26. The owner/operator of the proposed development shall apply for and obtain permits from the
appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District,
Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota
Department of Natural Resources (for dewatering), Minnesota Department of Transportation,
Minnesota Department of Health) and comply with their conditions of approval.
Mr. John Vogelbacher
Lakeside - Planning Case 06-26
July 25,2006
Page 4
27. Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
28. A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
29. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
30. The applicant shall increase landscape plantings along the east property line to minimum
bufferyard requirements.
31. No trees shall be removed behind the northwestern comer of the silt fence as shown on
grading plans dated 05/19/06.
32. A total of 139 trees shall be planted in the development as required for canopy coverage.
33. All existing buildings, driveways and accessory structures must be removed before grading
commences.
34. The lowest floor elevation of 106 Lakeview Road East must be field verified.
35. The high water level of the proposed pond must be minimum three feet lower than the lowest
floor elevation of the adjacent homes along Lakeview Road East.
36. The high water level of the wetland must be determined.
37. The proposed grading in the northwest comer near the wetland needs to be adjusted so that
the floor elevation of the homes within Lot 13, Block 2 comply with city standards.
38. Pavement grades at the following locations must be adjusted so that the grade does not
exceed 7%: West of Building A, and the northern street extending from the Lakeview Road
East intersection.
39. Private driveway grades shall not exceed 10%.
40. Ground (ie. non-paved) surface grades shall not be less than 2%.
41. Emergency overflow locations and elevations must be shown on the plan.
42. High point elevations between the catch basins must be shown along the east side of Block 2.
43. Each lot must be provided with separate sewer and water services.
Mr. John Vogelbacher
Lakeside - Planning Case 06-26
July 25, 2006
Page 5
44. An easement is required from the appropriate property owner for any off-site grading. The
developer must receive approval from the City of Eden Prairie for grading in to the Outlot for
Bearpath 3rd Addition.
45. If importing or exporting material for development of the site is necessary, the applicant will
be required to supply the City with detailed haul routes.
46. Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota.
47. All sanitary sewer, watermain and storm sewer within this site shall be privately owned and
maintained.
48. The watermain extension from Lyman Boulevard must be wet-tapped and must be done
under traffic.
49. The developer must provide ingress/egress to the North Bay residents for the duration of the
utility extension within Lake Riley Road East.
50. Each new lot is subject to the sanitary sewer and water hookup charges. The 2006 trunk
hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. Sanitary sewer and
watermain hookup fees may be specially assessed against the parcel at the time of building
permit issuance. All of these charges are based on the number of SAC units assigned by the
Met Council and are due at the time of building permit issuance.
51. The 15-foot wide sanitary sewer easement on the northwest side of the property must be
vacated.
52. The proposed pool house must not lie within the drainage and utility easement.
53. The payment of full park dedication fees at the rate in force upon final plat approval in lieu of
parkland dedication.
54. The applicant shall provide all design, engineering, construction and testing services required
of the "Lyman Boulevard Trail." All construction documents shall be deli vered to the Park
and Recreation Director and City Engineer for approval prior to the initiation of each phase
of construction. The trail shall be 10 feet in width, surfaced with bituminous material, and
constructed to meet all city specifications. The applicant shall be reimbursed for the actual
cost of construction materials for the Lyman Boulevard Trail. This reimbursement payment
shall be made upon completion and acceptance of the trail and receipt of an invoice
documenting the actual costs for the construction materials utilized in its construction.
55. The trail connection at the northeast comer of the site connecting the Lakeside area to the future
Highway 212 trail and underpass, as depicted in the applicant's plans, is completed."
Mr. John Vogelbacher
Lakeside - Planning Case 06-26
July 25, 2006
Page 6
c. "Site Plan for 231 housing units and a community building with pool, plans prepared by
Pioneer Engineering, dated May 19, 2006, revised June 7, 2006, and July 17,2007, with a revised
grading plan dated July 24,2006, with a Variance for building height for the condominium units
consistent with the Building elevations prepared by Harriss Architects, stamped received May 26,
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. The pool, including the pool deck, shall be relocated outside the 50-foot setback from Lyman
Boulevard.
3. Accessibility must be provided to all portions of the development and a percentage of the
units may also be required to be accessible or adaptable in accordance with Minnesota State
Building Code Chapter 1341. Further information is needed to determine these requirements.
4. Buildings over 8500 square feet of floor area are required to be protected with an automatic
sprinkler system. For the purposes of this requirement property lines do not constitute
separate buildings and the areas of basements and garages are included in the floor area
threshold.
5. The buildings wilt"be required to be designed by an architect and engineer as determined by
the Building Official.
6. Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigative and proposed
mitigation reports.
7. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
8. Walls and projections within three feet of property lines are required to be of one-hour fire-
resistive construction.
9. Retaining walls over four feet high require a permit and must be designed by a professional
engmeer.
10. A lO-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.
11. Yellow curbing and "No Parking Fire Lane" signs will be required. Contact Chanhassen Fire
Marshal for exact location of yellow curbing and locations of signs to be installed.
Mr. John Vogelbacher
Lakeside - Planning Case 06-26
July 25,2006
Page 7
12. 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.
13. Temporary street signs shall be installed at street intersections once construction of the new
roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4.
14. Fire apparatus access roads shall be designed and maintained to support the imposed load of
fire apparatus and shall be serviced so as to provide all-weather driving capabilities.
Pursuant to Minnesota State Fire Code Section 503.2.3.
15. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
16. Approved fire apparatus access roads (driveways) shall be provided for every facility,
building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access roads shall comply with requirements of Section 503
and shall extend to within 150 feet of all portions of the facility or any portion of the exterior
wall of the first story of the building as measured by an approved route around the exterior of
the building or facility. Exceptions: Fire Marshal is authorized to increase the dimension of
150 feet where the building is equipped throughout with an approved automatic sprinkler
system in accordance with Section 903.3.1.1,903.3.1.2 or 903.3.1.3. Pursuant to Section
503.1.1 2000 Minnesota Fire Code."
D. "Conditional Use Permit for a recreational beach lot with a Variance from the requirement
that 80 percent of the units within 1,000 feet of the recreational beach lot, plans prepared by Pioneer
Engineering, dated May 19,2006, revised June 7, 2006, subject to the following conditions:
1. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a
recreational beach lot.
2. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. All structures
shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located
a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No
grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas
within 37.5 feet of the OHW).
3. The area of Outlot B shall be recalculated to include only the area within the outlot above the
OHW. The amount of shoreline for Outlot B shall be calculated along the OHW. The
number of docks and slips permitted by the conditional use permit for the beach lot shall not
exceed the number of docks and slips allowable by City Code for the actual beach lot area
and frontage.
Mr. John Vogelbacher
Lakeside - Planning Case 06-26
July 25,2006
Page 8
4. All existing amenities and/or structures (including any docks, existing beach that is not
proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat
launch is not permitted.
5. The applicant shall work with staff on the design of and materials for proposed path from
Lyman Boulevard to the dock to minimize the impacts of runoff from the path to the
shoreline and Lake Riley.
6. The proposed walking path along the shoreline shall be made of a pervious surface such as
mulch, crushed rock or turf grass and shall not be located below the OHW. Special attention
shall be paid to ensure that the path materials are not prone to erosion. The plans shall be
revised to show the woodland gardens above the OHW of Lake Riley.
7. An individual permit shall be obtained from the DNR for any beach sand applications that do
not meet the DNR standards for sand blanket applications without an individual permit.
8. One beach area shall be permitted to minimize impacts to the lake and to adjacent residents.
9. The applicant shall work with staff on the placement of the beach lot infrastructure to
preserve as many of the existing trees in that area as possible. A survey of the area with the
tree locations will be required and used to facilitate tree preservation. The applicant shall
also work with staff on the location of the woodland path and woodland gardens along the
path."
Enclosed is a site plan agreement that must be executed by Sienna Corporation. Return the
agreement to me for city execution and recording at Carver County within 120 days of the
approval (by December 1, 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.
Demolition permits must be obtained before demolishing any structures on the site. Application
for such permits must include hazardous substances investigative and proposed mitigation
reports.
Final plat documents must be submitted to the City three weeks prior to the City Council meeting
in which you wish to have your final plat approved. Enclosed is the list of items required for
submittal for final plat approval.
Prior to beginning any site grading or utility construction, you must receive approval from the
City of Eden Prairie for grading into the Outlot for Bearpath 3rd Addition and provide the City of
Chanhassen with confirmation of such approval. In addition, you will need to either execute the
site plan agreement or the development contract before beginning site development.
Mr. John Vogelbacher
Lakeside - Planning Case 06-26
July 25, 2006
Page 9
If you have any questions or need additional information, please contact me at (952) 227-1131 or
bgenerous@ci.chanhassen.mn.us
.~~~
Robert Generous, AICP
Senior Planner
Enclosures
c: Steve Liefschultz, Lakeview Hills, LLC
Janet Jeremiah, City of Eden Prairie (with plans)
ec: Kate Aanenson, Community Development Director
Alyson Fauske, Assistance City Engineer
Todd Gerhardt, City Manager
Jerry Mohn, Building Official
g:\plan\2006 planning cases\06-26 lakeside\approvalletter.doc
CITY OF CHANHASSEN
ITEMS REQUIRED FOR FINAL PLAT CONSIDERATION
The following items are required to be submitted a minimum of three (3) weeks prior to City
Council meeting and payment of a $250.00 final plat review fee:
1. Submit three (3) sets of full size construction plans and specifications for staff review and
redline.
. Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water
and storm sewer lines). The plan view must show all drainage and utility easements.
. Grading and drainage plans shall show dwelling type and elevations, wetlands and
wetland buffer areas, stormwater pond NWL and HWL, EOF and catch basin and
storm manhole numbers.
. The construction plans and specifications shall be in accordance to the City's latest
edition of Standard Specifications & Detail Plates.
. The plans shall include traffic signage and street light placement.
2. Drainage calculations for water quantity and quality ponding with maps showing drainage
areas for pre-and post-development conditions and contributing areas to catch basins.
3. Hydraulic calculations and drainage map for the storm sewer design.
4. Tree Preservation Easements (if applicable).
5. Trail Easements (if applicable).
6. Engineer's Cost Estimate of Public Improvements:
a. Sanitary sewer system.
b. Water system.
c. Storm sewer drainage system including cleaning and maintenance.
d. Streets, sidewalk and trails.
e. Erosion control.
f. Site restoration (seeding, sodding, etc.).
g. Site grading
h. Street lights & signs
i. Engineering, surveying & inspection
j. Landscaping
7. Five (5) sets (folded) of final plat, one (1) set of reductions (8W' x 11 "), and a digital copy
in .tif format.
8. Digital copy of the legal description of the property in a .doc or .pdf compatible format.
9. Lot tabulations
10. 1" = 200' scale paper or mylar reduction of the final plat with just street names and Lot
and Block numbers.
11. Legal description of the property/properties to be platted.
Failure to provide any of the above items by the required deadline will result in delaying
consideration of final plat before the City Council.
Updated 02-03-06
g:\eng\forms\final plat submittal.doc
CITY OF CHANHASSEN
SITE PLAN PERMIT # 06-26
SPECIAL PROVISIONS
AGREEMENT dated July 24, 2006, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and SIENNA CORPORATION, (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for 231 housing units and a community building with pool (referred to in this Permit as the
"project"). The land is legally described as: Lakeside, Carver County, Minnesota.
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 prepared by Pioneer Engineering, dated May 19,2006, revised June 7,2006,
and July 17, 2007.
Plan B: Grading Plan dated prepared by Pioneer Engineering, dated May 19,2006, revised June
7,2006, and July 17,2007, with a revised grading plan dated July 24, 2006.
Plan C: Landscaping Plan prepared by Pioneer Engineering, dated May 19, 2006, revised June 7,
2006.
Plan D: Utility Plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7,
2006.
Plan E: Building elevations prepared by Harriss Architects, stamped Received May 26, 2006.
1
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 1, 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 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 certified mail at
the following address:
Mr. John V ogelbacher
Sienna Corporation
4940 Viking Drive, #608
Minneapolis, MN 55435
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.
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 pool, including the pool deck, shall be relocated outside the 50-foot setback from
Lyman Boulevard.
c. Accessibility must be provided to all portions of the development and a percentage of the
units may also be required to be accessible or adaptable in accordance with Minnesota
State Building Code Chapter 1341. Further information is needed to determine these
requirements.
2
d. Buildings over 8500 square feet of floor area are required to be protected with an
automatic sprinkler system. For the purposes of this requirement property lines do not
constitute separate buildings and the areas of basements and garages are included in the
floor area threshold.
e. The buildings will be required to be designed by an architect and engineer as determined
by the Building Official.
f. Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigative and
proposed mitigation reports.
g. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
h. Walls and projections within three feet of property lines are required to be of one-hour
fire-resistive construction.
1. Retaining walls over four feet high require a permit and must be designed by a
professional engineer.
J. A lO-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.
k. Yellow curbing and "No Parking Fire Lane" signs will be required. Contact Chanhassen
Fire Marshal for exact location of yellow curbing and locations of signs to be installed.
1. 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.
m. Temporary street signs shall be installed at street intersections once construction of the
new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section
501.4.
n. Fire apparatus access roads shall be designed and maintained to support the imposed load
of fire apparatus and shall be serviced so as to provide all-weather driving capabilities.
Pursuant to Minnesota State Fire Code Section 503.2.3.
o. No burning permits shall be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
p. Approved fire apparatus access roads (driveways) shall be provided for every facility,
building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access roads shall comply with requirements of Section
503 and shall extend to within 150 feet of all portions of the facility or any portion of the
3
exterior wall of the first story of the building as measured by an approved route around
the exterior of the building or facility. Exceptions: Fire Marshal is authorized to
increase the dimension of 150 feet where the building is equipped throughout with an
approved automatic sprinkler system in accordance with Section 903.3.1.1,903.3.1.2 or
903.3.1.3. Pursuant to Section 503.1.1 2000 Minnesota Fire Code.
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
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of ,200_,
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 PUBUC
4
DEVELOPER:
BY:
Its
STATEOFMINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
200_ by of Sienna Corporation.
NOTARY PUBUC
DRAFTED BY:
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 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.
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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 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
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.
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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
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 6:00 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
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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 or
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this _ day of
,200_.
By
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
200 _ by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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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
,200 .
STATE OF MINNESOTA)
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
20~,by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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