Recording Document Transmittal 11-1-06
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.
11/1/06 2006-30
ATTENTION
Sue Nelson
RE:
Document Recording
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
[8J Attached D Under separate cover via the following items:
D Shop drawings
D Copy of letter
D Prints
D Change Order
D Plans D Samples D Specifications
D Pay Request D _
COPIES DATE NO. DESCRIPTION
1 1 0/23/06 06-30 Golf Zone (a/k/a Rain Snow or Shine Golf) Restated and Amended
Site Plan Permit 98-8, Interim Use Permit 98-2 and Conditional Use
Permit 98-2
.
..
THESE ARE TRANSMITTED as checked below:
D For approval
D For your use
D As requested
D Approved as submitted
D Approved as noted
D Resubmit copies for approval
D Submit copies for distribution
D Returned for corrections
D Return corrected prints
D For review and comment [8J For Recording
D FOR BIDS DUE D PRINTS RETURNED AFTER LOAN TO US
REMARKS
COpy TO: Mr. Jeff Helstrom, Golf Zone
SIGNED:
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
RESTATED & AMENDED
SITE PLAN PERMIT #98-8
INTERIM USE PERMIT #98-2
CONDITIONAL USE PERMIT #98-2
SPECIAL PROVISIONS
AGREEMENT dated October 23, 2006, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Rain, Snow or Shine Golf, LLC (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site
plan for (referred to in this Permit as the "project"). The land is legally described as shown on
attached Exhibit A.
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 ofthis Permit, the written terms shall control. The plans are:
Plan A: Site Plan stamped "Received September 12, 2006, prepared by Anderson Engineering of
Minnesota, LLC.
Plan B: Landscaping Plan stamped "Received September 12, 2006, prepared by Anderson
Engineering of Minnesota, LLC.
Plan C: Grading, Drainage, and Erosion Control Plan dated March 13, 1998, revised August 18,
1998 prepared by Roger A. Anderson and Associates.
Plan D: Floor Plan and Exterior Elevation stamped "Received August 4, 2006" prepared by
Structural Buildings, Inc.
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4. Time of Performance. The Developer shall install all required screening and
landscaping by November 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 Permit, the Developer shall
furnish the City with a letter of credit from a bank or cash escrow ("security") in the amount of
$3,300 ($1,650 for erosion control and $1,650 for landscaping). This amount has been calculated at
110% of the actual cost to guarantee erosion control, landscaping and site restoration.
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:
Rain, Snow or Shine Golf, LLC
825 Flying Cloud Drive
Chaska, MN 55318
Phone: 952-445-1500
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 Blvd., P.O. Box 147,Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
,.
7. Other Special Conditions. Approved Site Plan #98-8 for a golf improvement center,
including Interim Use Permit #98-2 which expires in the year 2020, to allow golf and driving
range in the A2 District, and a Conditional Use Permit #98-2 for alteration of a flood plain as
shown on the plans dated June 22, 1998, and amended Site Plan and amended Interim Use Permit
#98-2, Planning Case #2006-30, for the construction of an 11,100 square-foot addition to the
principal structure requiring a 10,300 square-foot building area Variance from the 800 square-foot
building area restriction for the golf driving range principal structure and a second variance request
for the use of steel paneling as the primary exterior material as shown on the plans prepared by
Structural Buildings Inc. stamped "Received August 4, 2006" and as shown on the plans prepared
by Anderson Engineering of Minnesota, LLC stamped "Received September 12, 2006" and subject
to the following conditions:
a. The building shall be painted brown.
b. Lighting of the site will be limited to security lighting and parking lot lighting per city
ordinance. Landscaping should be placed on the eastern side of the parking lot to screen the
lot.
c. Signage shall be as per City Code section 20 Article XXVI.
d. The applicant will be required to plant 45 trees as replacement plantings within the proposed
development. A landscape plan must be submitted to the city for approval.
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e. Landscape plan shall be revised to include 3 landscaped islands or peninsulas and 6 overstory
trees for the parking lot.
f. The applicant will be responsible for applying for and obtaining changes to the FEMA flood
plain maps to reflect developed conditions. The applicant shall further define, graphically, the
proposed flood plain boundary and provide justification for the changes.
g. The nets shall comply with the recommendation of the DNR, including the condition that the
nets be 4 ~ feet off the ground. The most westerly net shall be modified to change from 50
feet to 20 feet.
h. The chemicals to be applied should be consistent with the program submitted by the
applicant. Storage of all maintenance equipment and chemicals shall be out of the flood
plain.
1. MnDOT is recommending that the driveway be widened. A permit from MnDOT is
required.
J. All areas disturbed as a result of construction activities shall be immediately restored with seed
and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity
in accordance with the City's Best Management Practice Handbook.
k. The applicant shall provide detailed storm drainage calculations for the ponds and ditch during
IO-year and IOO-year, 24-hour storm events in accordance with the City's Surface Water
Management Plan for the City Engineer to review and approve. The applicant shall also provide
normal water level and high water level elevations of the created ponds and/or ditches.
1. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e.
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army
Corps of Engineers and Minnesota Department of Transportation and comply with their
conditions of approval.
m. No berming, drainage improvements or landscaping will be allowed within Trunk Highway 212
right-of-way.
n. The plans shall be modified as follows:
1. The existing well shall be located and shown on the plans.
2. Relocate rock construction entrance south at a point where the existing driveway will be
altered/reconstructed.
3. Demonstrate where and how much filling and excavating will occur within the flood plain,
i.e. quantities of each activity.
4. Show normal and high water elevation of each pond.
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5. Add silt fence downstream of proposed berms and practice green No.1 in the northwest
corner of the site.
6. Provide temporary and/or permanent erosion control measures around sediment pond in
northeast corner of the site.
7. Incorporate MnDOT's comments regarding widening of the driveway at Trunk Highway
212 and right-of-way identification per letter dated May 21, 1998.
8. Locate alternative mound site and preserve from construction activities.
9. Add landscape islands in parking lot.
10. Add curbs along north side of parking lot to direct runoff to sediment pond.
o. The applicant shall be responsible for maintenance of the storm drainage improvements (ponds
and ditches). Failure to properly maintain the storm drainage improvement shall give the City
the right to hire out the work and bill the applicant and/or revoke the interim use permit."
p. No additional development outside the current proposal.
q. The applicant shall have a fertilizer and pesticide management plan, approved by the City
staff and reviewed by Fish and Wildlife and DNR to ensure minimal chemical impacts to the
surrounding property (including no spraying for mosquitoes). In addition, the applicant shall
provide annual soil samples before chemical are applied to demonstrate there is a need.
r. The conditional use permit shall be reviewed annually on the following basis: impacts to the
wildlife, the water quality, restoration after flooding and implementing a fertilizer/pesticide
plan as approved by the City staff.
s. The eastern wall of the proposed building lies over the well. Verify the location of the well.
Per Minnesota State Statute 4725.2185, walls must be minimum three feet horizontally from
the farthest exterior projection of a building, including walls, roofs, decks and overhangs.
Refer to Minnesota State Statute 4725.2175 for requirements to house a well within a
structure.
t. Note the top of cUrb elevation of the parking area north of the proposed building. Verify that
the proposed grade in this area will not exceed 3H:IV.
u. Show the proposed pedestrian access to the new building.
v. Note what the existing structure is west of the building and include a note whether this
structure is to remain or will be removed.
w. Note the FFE ofthe existing building.
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x. Delete or update the note on the plans that state the FFE of the 1 st and 2nd office buildings.
y. Permits must be obtained for the construction of, alteration of, or occupancy use changes to
any buildings on the site.
z. The on-site sewage treatment system must be of complying design and of sufficient
capability for the existing and proposed facility. An assessment of the existing individual
sewage treatment system must be provided, in the permit application documents, verifying
that the existing system is of sufficient capacity for the additional usage or a design
increasing the system capacity must be provided. Such assessment and/or design to be by a
licensed ISTS designer.
aa. The applicant shall install a rain garden within the proposed swale on the north and west
sides of the proposed addition. Plantings to be incorporated include trees, shrubs and
perennials. A revised landscape plan shall be submitted to the city for approval. Note the
proposed spot elevations along the rock swale.
bb. The floor plan must be revised to show ten 5' x 8' windows, two 5' x 5' windows and three
4' x 4' windows on the northern fayade and the exterior elevations must be revise to show
four 5' x 5' windows on the western fayade.
cc. Any rooftop mechanical equipment must be screened from public view.
dd. A trash enclosure must be shown on the site plan.
ee. One additional parking stall is required.
The City Council approved Wetland Alteration Permit #98-1 per the site plan subject to the
following conditions:
a. The applicant shall provide a buffer zone between wetlands the limits of the pitch and putt golf
course.
b. Wetland Conservation Act and the City of Chanhassen Surface Water Management Plan
requirements.
c. The applicant shall receive permits from the jurisdiction agencies such as the Army Corps of
Engineers and the DNR.
d. The applicant shall develop a sediment and erosion control plan in accordance with the City's
Best Management Practice Handbook. Type III erosion control fencing will be required
around the existing wetlands.
e. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. The City will provide wetland buffer edge signs and charge the applicant $20 per
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sign. The applicant shall verify the location of these signs with the City's Water Resources
Coordinator and shall install these signs before the Certificate of Occupancy is issued.
f. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. The City will install wetland buffer edge signs before accepting the utilities and will
charge the applicant $20 per sign.
8. General Conditions. The general conditions of this Pennit are attached as Exhibit "B"
and incorporated herein.
crr;~A~S
,~t
BY:
(SEAL)
AND:
D~ain, Snow or Shine Golf, LLC
--- l\
BY: "j
J efflIelstrom
Its: Ct1:f- Vl'kv\Il? e /'
-
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER ) ~I
The foregoing instrument was acknowledged before me this IS'l--day of J\JDJe/Vtb,I', 200b, by
Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City ofChanhassen, a Minnesota
~=~.al corporation, on behalf of the corporation4and pursu~~e~authOritY granted 1?y its City
~ l.NV1 \'\ ~
- - NoTARYPU LIC ,
KIM T. MEUWISSEN ,
Notary Public-MioMsota
MM "" My Commission Expires Jan 31, 2010
6
STATEOFMINNESOTA )
( ss.
COUNTY OF CAlC.. V tCR- )
ore oing instrument was ackn,\wledged before me this3/.4Xrlay of OtrOeJfK_ ,
IV . LA ON .
~M-01 ~~~
N TARY PUB IC
DRAFTED BY:
Campbell Knutson Professional Associates
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
(651) 452-5000
7
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
,20_
By
Its
STATEOFMINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20-, by
NOTARY PUBLIC
DRAFTED BY:
Campbell Knutson Professional Associates
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
(651) 452-5000
8
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, 3) the site
plan has been recorded with the County Recorder's Office 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 site 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 C, 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 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 materials that have blown, from streets and the
surrounding area that has resulted from construction work by the Developer, its agents or assigns.
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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 fortwelve (12) months from the time of planting. The Developer or his
contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or
other security acceptable 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 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
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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 ofthe 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 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 ofthese 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;
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4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for
deed purchasers too enter into this Development Contract.
N. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its
fitness for construction of the improvements or any other purpose for which the
Developer may make use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body members,
officers, and employees from any claims or actions arising out of the presence, if
any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
o. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature
of suitability of soils nor the cost of correcting any unsuitable soil conditions which
may exist.
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EXHmIT A
The East half of the Southeast Quarter (E ~ ofSE 'i.:l) of Section 35, Township 116 North of Range
.23 West, excepting therefrom one half (~) acre in the Northeast Comer, being all that part lying
North of the Chaska and Shakopee Road, also the North 26 acres of the Northwest Quarter of the
Southeast Quarter (N 26 A ofNW ~ ofSE ~) of Section 35, Township 116, Range 23, containing
in all 105.50 acres; also excepting therefrom the following described parcel of land, to-wit:
Commencing at a point in center line East and West of Section 35, Township 116 North, Range 23
West which point bears West 30 rods from the Northeast comer of the Northwest Quarter of the
Southeast Quarter of said Section 35, thence West 50 rods to the Quarter post, thence South on the
Quarter line 40 rods to the Shakopee Road, thence Northeasterly along said road to place of
beginning situated in the Northwest Quarter of the Southeast Quarter of Section 35, Township 116,
Range 23 and containing 6 acres of land less the amount sold to the State of Minnesota for Trunk
Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for
Trunk Highway purposes and described in that certain Warranty Deed dated January 23, 1924 and
filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March
5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 5; also: Excepting
therefrom a parcel ofland sold to the State of Minnesota for Trunk Highway purposes and described
in that certain Warranty Deed dated January 28, 1924 and filed for record in the office of the
Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o'clock A.M. and
recorded therein in Book 33 of Deeds on page 6.
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