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1f Extension of Plat, Liberty at Creekside 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 1r MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner O~ DATE: May 29, 2007 SUBJ: Liberty at Creekside Planning Case #05-24 EXECUTIVE SUMMARY The developer, NDI Minnesota, LLC, is requesting a one-year extension of the preliminary plat for Liberty at Creekside to May 22, 2008. While this project was taken through the development review process by Town & Country Homes, NDI Minnesota, LLC, has been the underlying property owner. NDI Minnesota, LLC, wishes to preserve the development approvals on the site. The extension is necessary due to the current depressed market conditions on residential development and construction, the lack of development on adjacent properties and a contractual dispute between the property owner and Mr. Jeurissen, the former property owner. Section 18-41 of the Chanhassen City Code requires that the subdivider request final plat approval within one year of the preliminary plat approval unless a request, in writing, is submitted to the City requesting for good cause an extension of the preliminary plat. Staff can attest to the slowdown in the residential housing market. Additionally, the recording of the final plat for the Pioneer Pass development immediately west of the site has not been completed, which included the right-of- way providing access to this property. There have been no amendments to the City Code that would adversely affect the conditions of approval for the Liberty at Creekside development. All fees were specified as those in effect at the time of final plat approval. Staff is recommending approval of the applicant's request for a one-year extension to May 22,2008. BACKGROUND On May 22, 2006, the Chanhassen City Council approved the following: A. Rezoning of the property located within the Liberty at Creekside development with the exception of Outlot A and the Bluff Creek Overlay District Primary Zone (Outlot D), from Agricultural Estate District (A-2) to Planned Unit Development - Residential (PUD - R) incorporating the development design standards contained within the staff report. B. Preliminary Plat for Liberty at Creekside, plans prepared by Westwood Professional Services, Inc., dated June 17,2005, revised February 3,2006, revised April 6, 2006, which may also be revised to incorporate lots around each dwelling unit. The City of Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt Liberty at Creekside May 29,2007 Page 2 of 2 C. Site Plan for 146 townhouses, plans prepared by Westwood Professional Services, Inc., dated June 17, 2005, revised February 3, 2006, revised April 6, 2006. D. Conditional Use Permit for alterations within the flood plain and development within the Bluff reek Overlay District. ACTION REQillRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on March 21, 2006, to review the proposed development. The Planning Commission voted 5 to 0 to approve the proposed project. RECOMMENDATION Staff recommends adoption of the following motion: "The Chanhassen City Council approves a one-year extension until May 22,2008 for the preliminary plat for Liberty at Creekside, Planning Case #05-24." ATTACHMENTS 1. Location Map. 2. Letter from John D. Ostergren to Bob Generous dated May 18,2007. 3. Reduced Copy Preliminary Plat. 4. Preliminary Sketch Plan. 5. 2005 Open Space, Trail and Development Areas Map. 6. Letter from Robert Generous to Shawn Siders dated may 24,2006. g:\plan\2005 planning cases\05-24 liberty at creekside\extension memo preliminary plat.doc Location Map Liberty at Creekside Planning Case No. 05-24 1500 Pioneer Trail City of Chanhassen ~'" ~'" ~ PJ tli R,O ;\0 q 05/18/2007 10:13 FAX 6123402644 DORSEY & WHITNEY LLP I4J 002/002 C })) DORSEY DORSEY & WHITNEY LLP JOHN D. OSTERGREN (612) 492-6983 FAX (612) 340-2868 oslergren.john@)dorsey.com May 18, 2007 VIA FACSIMILE AND U.S. MAIL Bob Generous Senior Planner City of Chanhassen 7700 Market Blvd, PO Box 147 Chanhassen, MN 55317 fax (952) 227-1110 Re: Liberty at Creek Side Chanhassen Planning Case No. 05-24 Request for Extension Dear Mr. Generous: On behalf of NDI Minnesota, LLC, I am writing to request a one (1) year extension of the preliminary plat approval for the Liberty at Creek Side development, which I understand would extend the current approval to May 22, 2008. This extension is necessary in light of current depressed market conditions impacting residential development and construction, lack of development on adjoining and nearby parcels, and a contractual dispute between our client and Mr. Jeurissen. Please let me know if you have any questions or require additional information to support the requested extension. cc: Peter J. Brennan Jocelyn L. Knoll DORSEY & WHITNEY LLP . WWW.DORSEY.COM . 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'r-/''-" f,,(. r\ / -i6-\L_-X- \_~-") ! 1 i i f-----, 1- : i If j--~,;J~ /,,,) (~'.~'\ i "'~ ! \ '. \! 2005 OPEN SPACE, TRAIL & DEVELOPMENT AREAS + ~ PROPOSED TRAIL o PROPOSED PUBUC OPEN SPACE o PROPOSED PUBLIC PARK m PROPOSED PRIVATE PARKlOPEN SPACE -- O..ENOl~_4 CITY OF CHANHASSEN . 7700 Markel 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 24, 2006 Mr. Shawn Siders ToWn & Country Homes 7615 Smetana Lane, Suite 180 Eden Prairie, MN 55344 Re: Liberty at Creekside Planning Case (j5~24'; o 5- ;;J.~ This letter is to confirm that on May 22, 2006, the Chanhassen City Council approved the following: A. Rezoning of the property located within the Liberty at Creekside development with the exception of Outlot A and the Bluff Creek Overlay District Primary Zone (Outlot D), from Agricultural Estate District (~-2)to Planned Unit Development - Residential (PUD - R) incorporating{~e development design standards contained within this staff report. .r,:', B. Prelimipary Plat for Liberty at Creekside, Plans.;~~~~~a,.bY Westwood ProfessionaLSeI}'iGe,s,Jnc., dated June 17, 2005/MYf~~t(!1I~hruary 3,2006, -"': '~';' ,", -- ,<,,' -,,' ~'i',.'; ~:' - .r,:" : ',_~,:~:..-;. >-> . ,;',". 0} \ ~/~'" _..~.: :~""~: ",;--.,~: -:'_', ,:t :-?~'cJ:.l...:>'\f revised ApDt6;~fQ08,iWhi~h m~Y;,:~lso be revi~etl:to:.i~{;C: c;"'~~ate.J()ts around ~C~~:jfi~;~I~*~t\~$f~!%~:iJ~li[~,,,. "";~;i1' enerated;,b' <traffic . e'a.n""'""'QdeI1fifi. . ;ppropri~t~~pi~~;;ffittfg~.,>.,..;tjt ,', ./.t9;~~~'m~~~~,.,;,.,.. ,),,",.:;~~d,~}rtt{"f')}..,:.),<t::;\ resi dential Jiome~:;a~:$p~ciIie(thy,the;:ryIinties6t#~~l1uti6ri'CQnftQ1 'ffr.ge,tJG, '":'}. Dear Mr. Siders: 2. 3. :',::!;;;:,sF':\':i:,~;~:'I .: '",' -"-' -, ':-'~':. . ,',- ;., "-co_,__, _ ' 6. Dedication ~f theBlutf:Gr,e~}('Ot~fl&Y:':Plsti-icFppmary zone shall be made to the city or a conserVtiHb[{:~tis~rti~iii::gh~ll~b~Ye~tablished'over said outlot(s). 'i::'i);,<.,"~;;<.:: >:; ..;;":.~.~.,, ..' .c.H~:;;t'y,:t,::3.j\..t(~).'::~d::? :'i"" ,~' ~ '. . ,'.' 7. The wetland mitigation foi-Liberty on Bluff Creek shall be complete within one year of the authorized fill on Liberty on Bluff Creek. The City 01 Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. SCANNED 5. Mr. Shawn Siders May 24, 2006 Page 2 of7 8. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek. 9. Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetlands A and B and the constructed wetland mitigation areas. 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, under the direction of City staff, before construction begins and must pay the City $20 per sign.' All structures shall maintain a minimum 40-foot setback from the edge of the wetland buffer. 10. Due to a secondary access through the MnDOT right-of-way (ROW) to the north in the northeast portion of the property, the applicant will be responsible for creating or' securing sufficient wetland mitigation for MnDOT that will meet all conditions imposed on MnDOT and will be responsible for any and all fees associated with the redesign of the wetland mitigation areas in MnDOT ROW. Final plat approval shall not be granted until the wetland mitigation plan has been received and approved by the City and MnDOT. 11. The plans shall be revised to show bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe). All bluff areas shall be preserved. In addition, all structures shall maintain a minimum 30-foot setback from the bluff and no grading shall occur within the bluff impact zone (Le., the bluff and land located within 20 feet from the top of a bluff). 12. All structures shall maintain a minimum 40-foot setback from the primary corridor. No alterations shall occur within the primary corridor or within the first 20 feet of the setback from the primary corridor. 13. The applicant shall submit a plan for the revegetation of the farmed area south of Bluff Creek that incorporates native plants and is consistent with the City's Bluff Creek Natural Resources Management Plan Appendix C. Special attention shall be paid to areas with steep slopes (greater than 3:1). 14. Alterations appear to be proposed within a mapped FEMA unnumbered A Zone (100- year floodplain). In lieu of a LOMA, the applicant shall obtain a conditional use permit for alterations within the floodplain. 15. A storm water pollution prevention plan (SWPPP) shall be developed for the development and shalI be completed prior to applying for the National Pollutant Discharge Elimination System permit. 16. A stable emergency overflow (BOF) shall be provided for the proposed pond. 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 the plan. 17. The plans shall show paths of access to both wetland mitigation areas as well as all (~':mw,ot erosion controls and restoration practices. \ " , . .' Mr. Shawn Siders May 24, 2006 Page 3 of7 ,- 18. 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, temporai-y or permanent drainage ditch or other .natural or man made systems that discharge to a surface water. - .J9. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 20. The applicant shall provide details for curbside inlet controL Wimco-type inlet controls shall be used and installed within 24 hours of installation. 21. Typical. building lot controls shall be shown on the plan. These controls may include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the certificates of occupancy. 22. 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. Diversion berms or ditches may be needed to divert water to the pond and a temporary pond outlet is needed. The outlet could be a temporary perforated standpipe and rock cone. A detail for the temporary pond outlet shall be included in the plans. Additional temporary sediment basins may be needed or an alternate location may be needed depending upon site conditions during rough grading. 23. The ultimate outlet from the site to Bluff Creek shall be turned to the southeastto align with the creek. 24. Drainage. and utility easements (minimum 20 feet in width) s~ould be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. An easement adequate to provide access to the pond for maintenance purposes is needed and should be shown on the plan. 25. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $266,850. 26. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDESPhase IT Construction Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Minnesota Department of Transportation) and comply with their conditions of approvaL Mr. Shawn Siders May 24, 2006 Page 4 of7 t, 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. Silt fence or tree protection fencing shall be installed at the edge of grading around both wetland mitigation areas. . 29. A fenced access road will lead from the east mitigation area to the west mitigation area. This will be the only access allowed to the western site. Fencing shall be placed on either side of the access lane. After construction, the access lane shall be restored according to the 'Preliminary Offsite Upland Planting Plan' . 30. A walk-through inspection of the silt/tree preservation fence shall be required prior to construction. ..31. No burning permits shall bejssued for tree removal. All trees removed on site shall be chipped and used on site or hauled off. 32. The applicant shall implement the 'Preliminary Offsite Upland Planting Plan' dated 9/29/05 for restoration within the ,Bluff Creek Overlay District. 33. The applicant shall submit a full sized 'Preliminary Offsite Upland Planting Plan' with final plat submittal. 34. A turf plan shall be submitted to the city indicating the location of sod and seeding areas. 35. The developer shall pay full park dedication fees at the rate in force upon final plat approval in lieu of parkland dedication. 36. The applicant shall provide all design, engineering,. construction and testing services required of the "Bluff Creek Trail." All construction documents shall be delivered to the Park and Recreation Director for approval prior to the initiation of each phase of construction. The trail shall be ten 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 Bluff Creek 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. 37. The developer shall provide a sidewalk connection to the Bluff Creek trail through private street B. 38. The developer must coordinate the location and elevation of the western street connection with the Pioneer Pass (Peterson Property) and Degler property developments to the west and northwest. 39. The height and length of retaining walls must be reduced to the maximum extent . possible. . " . Mr. Shawn Siders May 24, 2006 Page 5 of7 40. The top and bottom of wall elevations must be shown on the final grading plan. 41. A building permit is required for any retaining walls four feet high or taller. These walls must be designed by a Structural Eni9neer registered in the State. of Minnesota. 42. The style of home and lowest floor elevation must be noted on the grading plan. 43. Typical sections for each housing style must be shown on the final grading plan. 44. The final grading plan must be 50 scale so that staff can complete a full review of the proposed grading. 45: The developer must verify the invert elevation of the sanitary sewer connection that will be constructed with the 2005 MUSA Improvement Project. 46. The development may not proceed until the Phase IT 2005MUSAutiIity extension project has been awarded. 47. Each new lot is subject to the sanitary sewer and water hookup charges and the SAC charge at the time of building permit. The 2006 trunk hookup charge is $1,575.00/unit . for sanitary sewer and $4,078.00/unit for watermain. The SAC charge is $1,625.00/unit. Sanitary sewer ~d 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. 48. The northern access (currently sh()wnto the Fox property)must be shifted to the east to the MNDOT right-of-way parcel. Prior to final plat approval, the developer must contact the Fox family to coordinate the elevation of the northern street connection at their property line. . 49. The Arterial Collector Fee shall be paid with the final plat. The 2006 fee is $2,400/developable acre. . 50. The final plans must show the new orientation for Lots 13 and 14, Block 2. 51. The site plan and final grading plan must identify the proposed lO-foot wide bituminous trail. C. Site Plan for 146 townhouses, plans prepared by Westwood Professional Services, Inc., dated June 17, 2005, revised February 3, 2006, revised April 6, 2006, subject to the following conditions: 1. The developer 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 developer shall provide a design plan that shows the color and architectural detail for . each unit on the site for final plat approval. Mr. Shawn Siders May 24, 2006 .. Page 6 of7 r. 3. Walls and projections within 3 feet of property lines are required to be of one-hour fire- resistive construction. 4.' A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. . 5. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. . 6. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire 'code Section 501.4. 7. A fire apparatus access road 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 Fire Code Section 503.2.3. 8. Fire apparatus access road and water supplies 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. 9. 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. 10. Submit street names toChanhassen Building Official and Chanhassen Fire Marshal for review and approval. 11. "No Parking Fire Lane" signs will be required on the private streets. Contact Chanhassen Fire Marshal for exact location of sign. Pursuant to Chanhassen Fire DepartmentlFire Prevention Policy #06-1991. 12. Staff will work with the developer on materials, colors and diversity. 13. The developer shall incorporate the twin home units as proposed in the sketch plan dated May 8, 2006. . D. Conditional Use Permit for alterations within the flood plain and development within the Bluff reek Overlay District subject to the following conditions: 1. The applicant shall implement the 'Preliminary Offsite Upland Planting Plan' dated 9/29/05 for restoration within the Bluff Creek Overlay District. 2. The applicant shall submit a full-sized 'Preliminary Offsite Upland Planting Plan' with final plat submittal. .' Mr. Shawn Siders May 24, 2006 Page 7 of7 . 3. The wetland mitigation for Liberty on Bluff Creek shall be constructed prior to or concurrent with wetland impacts on the Liberty on Bluff Creek project. 4. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek. 5. Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetlands A and B and the constructed wetland mitigation areas. 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, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures shall maintairi a minimum 40-foot setback from the edge of the wetland buffer. Enclosed is a site plan agreement that must be executed by Town & Country Homes. 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. Return the agreement to me for city execution and recording at Carver County within 120 days of the final plat approval. The executed site plan agreement and required security specified in the site plan agreement shall be submitted prior to the City issuing a building permit. 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. Should you have any questions, please feel free to contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. ~ Robert Generous, AICP Senior Planner Enclosures ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Lori Haak, Water Resources Coordinator Jerry Mohn, Building Official g:\plan\2005 planning cases\05-24 liberty at creekside\approvalletler preliminary.doc '. CITY OF CHANHASSEN SITE PLAN PERMIT #05-24 SPECIAL PROVISIONS AGREEMENT dated May 22, 2006, by and between the CITY OF CHANHASSEN, a Minnesotamunicipal corporation (the "City"), and Town & Country Homes (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for 146 townhouses, (referred to in this Permit as the "project"). The land is legally described as Liberty at Creekside. 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 plans prepared by Westwood Professional Services, Inc., dated June 17, 2005, revised February 3, 2006, revised April 6, 2006. Plan B--Grading Plan plans prepared by Westwood Professional Services, Inc., dated June 17, 2005, revised February 3, 2006, revised April 6, 2006. Plan C--Landscaping Plan plans prepared by Westwood Professional Services, Inc., dated June 17, 2005; revised February 3, 2006, revised April 6, 2006. 1 Plan D:'-Utility Plans plans prepared by Westwood Professional Services, Inc., dated June 17, 2005, revised February 3, 2006, revised April 6, 2006. 4. Time of Perfonnance. The Developer shall install all required screening and landscaping by November 15, 2008. 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 atthe following address: Mr. Shawn Siders Town & Country Homes 7615 Smetana Lane, Suite 180 Eden Prairie, MN 55344 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. 2 7. Other Special Conditions. (Site plan approval conditions) a. The developer 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 developer shall provide a design plan that shows the color and architectural detail for each unit on the site for final plat approval. c. Walls and projections within 3 feet of property liIles are required to be of one-hour fire-resistive construction. d. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. ,e. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. f. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4. g. A fire apparatus access road 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 Fire Code Section 503.2.3. h. Fire apparatus access road and water supplies 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. i. 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. j. Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. k. "No Parking Fire Lane" signs will be required on the private streets. Contact Chanhassen Fire Marshal for exact location of sign. Pursuant to ChanhassenFire Departrnent/Fire Prevention Policy #06-1991. . 1. Staff will work with the developer on materials, colors and diversity. m. The developer shall. incorporate the twin home units as proposed in the sketch plan dated May 8, 2006. 8. General Conditions. The general conditions of this Permit are attached as Exhibit liB" and incorporated herein. 3 CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND: Todd Gerhardt, City Manager DEVELOPER: BY: Its STATE OF MINNESOTA ) ( 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 !he corporation and pursuant to the authority granted by its City Council. NOTARYPUBUC 4 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of .200_by , of Town & Country Homes. 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 EXHlBIT "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 abuilding permit ih 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 fro~ 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 ~ issued unless there is full compliance with the 1 erosion control requirements. Erosion control shall be maintained until vegetative cov~r 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,Jrom 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 diseasefree 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 ~hall 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 decisionshall 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 amendmenttothe 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. 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 3 not be a waiver of the right to exercise at any time. thereafter any other right) power or remedy. 1. 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 int~mal combustion engines used. for construction or dewatering purp<;>ses 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 oF!. 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. Thed 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 STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before. me this _ day of 200_ , by NOTARYPUBUC DRAFfED 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 prope~,. 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---,--. STATEOFMINNESOTA) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before methis.2-- day of 20_, by . , NOTARYPUBUC DRAFTED BY: City of Chanhassen 7700 Market Boulevard . P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 7 . Approved May 22. 200() DEVELOPlVlENT DESIGN STANDARDS Liberty at Creekside Development Standards ~ a. Intent The purpose of this zone is to create a PUD fora townhouse development. _ The use of the . PUD zone isto allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUDrequires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as . listed below once a primary use has occupied the site. . b. Permitted Uses The perinitted uses in this zone shall be limited to townhouses, including twin homes, and their ancillary uses. If there is a question as to whether or not a use meets the definition. the Planning Director shall make that interpretation. The type of uses to be. provided on common area Outlots shall be low intensity neighborhood oriented accessory structures to meet daily needs of residents. Such uses may include bus shelter. development signage. garden. gazebo, maintenance shed, picnic shelter or playground equipment. c. Setbacks The PUD ordinanc~ requires setbacks from roadways and exterior property lines. The . following table displays those setbacks. . Setback Standards Highway 212. 50 feet Exterior (perimeter) Lot Lines 50 feet Front Yard -- 10 feet Side Yard (end units) 10 feet # Rear Yard 10 feet # Minimum Driveway length (to back of curb, trail or 20 feet sidewalk) Hard Surface Coverage 30%* Wetland: Buffer and buffer setback 16.5 feet and 40 feet Bluff Creek Primary zone boundary 40 feet with the first 20 feet as buffer 1 /," # Decks, patios, porches, and stoops may project up to seven (7) feet in to the r~quired yard. * The entire development, including the public and private streets and Outlots, may not exceed 30 percent hard coverage. Individual lots will exceed the 30 percent site coverage. d. Building Materials and Design ,I · . Building height shall be limited to'35 feet . · Building exterior material shall be a combination of vinyl siding or shake and brick, cut-face block or stone.,' . · No two adjacent structures shall be of the same color scheme. · . Colors used shall be varied 'across color tones. · All units shall utilize minimum timberline 25-year shingles.' · Each unit shall have a miriimuI11of one overstoty tree within its front landscape yard. · All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. · Garage doors shall be decorative and have windows. 2 CITY OFCHANHASSEN 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 ~treet 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