1e. Approval of Amendments to the Development Contract, Arboretum Business ParkCITY OF I (
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Charles Folch, Director of Public Works
FROM: Dave Hempel, Assistant City Engineer j�
DATE: August 20, 1997
SUBJ: Approve Revised Development Contract/PUD Agreement for Arboretum Business
Park - Project No. 97 -16
On July 28, 1997, the City Council approved the original draft of the above- referenced
development contract/PUD agreement. After review by the developer, numerous changes were
proposed. The attached development contract/PUD agreement reflects changes as a result of
negotiations between the developer and staff. The changes are shown in bold and /or strike out.
Staff has re- calculated the required financial security to guarantee compliance with the terms of
the development contract/PUD agreement at $74,250.00 and the development contract
administration fees total $7,465.00 which includes 1/3 of the required Trail fees.
It is therefore recommended that the revised development contract/PUD agreement dated
August 25, 1997 be approved.
jms
Attachments: 1. Revised development contract/PUD agreement dated August 25, 1997.
2. Breakdown of administration fees dated July 23, 1997, revised August 6,
1997.
c: Fred Richter, Steiner Development
Wfs1 \vo12Aen&ave`c0xboret= dc.rev.dm
C-FiCIAL ENGINEERPdG COPY
Received
Revision No
Approved by City �e
Engineer
Date �_( 1 -
Approved by City Council
I
Date
CITY OF CHANHASSEN
ARBORETUM BUSINESS PARK
PROJECT NO. 97-16
BREAKDOWN OF ADMINISTRATION FEES - 7/23/97 REVISED 8/6/97
Estimated Total Cost of Public Improvements .................................... ............................... $ 67,500.00
- 310 of Public Improvement Costs (Under $500, 000) ......................... ............................... $ 2,025.00
- Final Plat Process (Escrow For Attorney Fee for Review and Recording of Plat
and Development Contract) ..................................................... ............................... $ 350.00
- Recording Fees
a. Development Contract ........................................................ ............................... $ 30.00
b. Plat Filing ............................................................................ ............................... $ 30.00
c. Trail Easement .................................................................... ............................... $ 30.00
- 1/3 Trail Fees (Lot 1, Block 1, 10 acres at $1,500 per acre/ 3) ........... ............................... $ 5,000.00
- SWMP Fees (Credit towards Future Phases) .................................... ............................... $- 80,841.00
TOTAL ADMINISTRATION FEES ............................................... ............................... S 7.465.00
Wfs I \voles engWc\arbomtum.fee.doc
s.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ARBORETUM BUSINESS PARK
DEVELOPMENT CONTRACT /PUD AGREEMENT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1.
REQUEST FOR PLAT APPROVAL ... ...........................SP
-1
2.
CONDITIONS OF PLAT APPROVAL . ...........................SP
-1
3 .
ZONING ...................... ...........................SP
-1
4.
DEVELOPMENT PLANS ........... ...........................SP
-1
5.
IMPROVEMENTS ................ ...........................SP
-2
6.
TIME OF PERFORMANCE ......... ...........................SP
-2
7.
SECURITY .................... ...........................SP
-2
8 .
NOTICES ..................... ...........................SP
-3
9.
OTHER SPECIAL CONDITIONS .... ...........................SP
-4
10.
GENERAL CONDITIONS .......... ...........................SP
-8
GENERAL CONDITIONS
1. RIGHT TO PROCEED ............ ...........................GC -1
2. PHASE DEVELOPMENT ........... ...........................GC -1
3. EFFECT OF SUBDIVISION APPROVAL .........................GC -1
4. IMPROVEMENTS ................ ...........................GC -1
5. IRON MONUMENTS .............. ...........................GC -2
6. LICENSE ..................... ...........................GC -2
7. SITE EROSION CONTROL ........ ...........................GC -2
7A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING .................... ...........................GC -3
8. CLEAN UP ................. .............................. GC -3
9. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ...............GC -3
10. CLAIMS ...................... ...........................GC -3
11. PARK AND TRAIL DEDICATION ... ...........................GC -4
12. LANDSCAPING ................. ...........................GC -4
13. WARRANTY .................... ...........................GC -5
14. LOT PLANS ................... ...........................GC -5
15. EXISTING ASSESSMENTS ........ ...........................GC -5
16. STREET LIGHTING ............. ...........................GC -5
17. SIGNAGE ..................... ...........................GC -5
18. HOUSE PADS .................. ...........................GC -5
19. RESPONSIBILITY FOR COSTS .... ...........................GC -5
20. DEVELOPER'S DEFAULT ......... ...........................GC -7
21. MISCELLANEOUS
A. Construction Trailers .. ...........................GC -7
B. Postal Service ......... ...........................GC -7
C. Third Parties .......... ...........................GC -7
D. Breach of Contract ..... ...........................GC -7
E. Severability ........... ...........................GC -8
F. Building Permits ....... ...........................GC -8
G. Waivers /Amendments ..... ...........................GC -8
H. Release ................ ...........................GC -8
I. Insurance ........GC -8
i
J.
Remedies ............... ...........................GC
-9
K.
Assignability .......... ...........................GC
-9
L.
Construction Hours ..... ...........................GC
-9
-9
M .
Access ................. ...........................GC
N.
Street Maintenance ..... ...........................GC
-9
O.
Storm Sewer Maintenance ..........................GC
-10
P.
Soil Treatment Systems . ..........................GC
-10
-10
Q.
R.
Variances .............. ..........................GC
Compliance with Laws, Ordinances,
and Regulations
GC -10
S.
Proof of Title
GC -10
T.
Soil Conditions ........ ..........................GC
-10
U.
Soil Correction ........ ..........................GC
-11
GC -11
V.
Haul Routes ......... ...............................
EXHIBIT C
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT /PUD AGREEMENT
(Developer Installed Improvements)
ARBORETUM BUSINESS PARK
SPECIAL PROVISIONS
AGREEMENT dated August 25, 1997, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
CHASKA GATEWAY PARTNERS LIMITED WEST PARTNERSHIP, a Minnesota
limited partnership (the "Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for ARBORETUM BUSINESS PARK (referred to in
this Contract as the "plat "). The land included in the plat is
legally described on the attached Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Zoning. The land included in the plat ie be -inn- has
been rezoned to Planned Unit Development (PUD) zoning
classification as specified in the City's Zoning Ordinance. Except
as specifically modified herein, the uses, requirements, and
standards of the "PUD ", as may be amended, shall apply to the
subject property.
4. Development Plans. The plat shall be developed in
accordance with the following plans which are hereinafter
collectively referred to as "Plans ". The Plans shall not be
attached to this Contract. With the exception of Plan A, the Plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
Plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A: Final plat approved July 28, 1997, prepared by Schoell &
Madson, Inc.
,
Plan B: Grading, Drainage and Erosion Control Plan dated July
15, 1997, prepared by Schoell & Madson, Inc.
Plan C: Plans and Specifications for Storm Sewer Improvements
dated July 15, 1997, prepared by Schoell & Madson, Inc.
SP -1
Plan D: Landscaping Plan for Lot 1, Block 1 dated July 10, 1997,
prepared by Ankey Kell Architects.
By executing this Contract, the City acknowledges it has approved
the Plans.
5. Improvements. The Developer shall install and pay for
the following:
A. Storm Water Drainage System
B. Site Grading
C. Underground Utilities (e.g. gas, electric, telephone,
CAM
D. Setting of Lot and Block Monuments
E. Surveying and Staking
F. Wetland Mitigation and Monumentation
e f ^' Y fic C- ig-nal at mrunk .3aY 41
The above improvements (herein the " oc�a
improvements") shall be completed in accordance with the plans
identified in Paragraph 4 of this Contract and the General
Conditions attached hereto as Exhibit B.
6. Time of Performance. The Developer shall install all
required Improvements by November 15, 1998. 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.
7. Security. To guarantee compliance with the terms of
this Contract, pa znt ;° epee al ae�c -c- —e, Payment of the costs
of all pub447e Improvements, and construction of all pu
Improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
4.8— $74,250.00. The amount of the security was calculated
as 1100 of the following:
Site Grading (covered under IUP 97- 1) ............ $ 0.00
Storm Sewer, Drainage System,
including cleaning and maintenance ............... $ 64,000.00
Erosion control (covered under IUP 97- 1) ......... $ 0.00
Engineering, surveying, and inspection........... $ 3,000.00
Landscaping (covered under IUP 97 -1) $ 0.00
SP -2
Wetland Monuments . ............................... $ 500.00
P-ric
S'
Y
--
7 mP
67,500.00
TOTAL COST
OF PUBLIC IMPROVEMENTS ................
$
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1998. The City may draw down the security, wi theut
netiee for any violation of the terms of this Contract which is
not cured within 7 calendar days of written notice to the
Developer, except under emergency conditions. If the res =iiced
pe Improvements are not completed at least thirty (30) days
prior to the expiration of the security, the City may also draw it
down. If the security is drawn down, the draw shall be used to
cure the default. With City approval, the security may be reduced
from time to time as financial obligations are paid, but in no case
shall the security be reduced to a point less than 100 of the
original amount until all Improvements are complete and accepted by
the City. Upon completion of the Beveloper Tn�l Improvements
and acceptance by the City, the balance of the security shall be
released to the Developer.
8. Notice. 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:
£4j�. Freel — ht:.
Chaska Gateway Partners Limited Partnership
c/o Steiner Development
Attn: Frederick Richter
3610 South Highway 101
Wayzata, MN 55391
Telephone: (612) 473 -5650
Facsimile: (612) 473 -7058
Notices to the City shall be in writing
delivered to the City Manager, or mailed
mail in care of the City Manager at
Chanhassen City Hall, 690 Coulter Drive,
Minnesota 55317, Telephone (612) 937 -1900
deemed to have been delivered 2 business
the U.S. Postal Service.
and shall be either hand
to the City by registered
the following address:
P.O. Box 147, Chanhassen,
Mailed notice shall be
days after deposit with
SP -3
9. Other Special Conditions.
A.4= The Developer app?ic ;nt shall build NURP ponds for
the entire plat s ite with this phase of the development in
accordance with the Plans. Credits from these NURP ponds will
provide the applicant with a surplus of SWMP credits ($78,341),
and, therefore, no SWMP fees will be required for the first phase
of the development. As future phases are brought in for final plat
approval, these credits will be applied against the future SWMP
fees.
B.� - The grading plan (Plan B) shall be revised to
incorporate MnDOT's review comments in the final grading and
development plan.
u ton.�cru l traf ..
��C s al
, •.tea ' i h.- �:�stall tip .lam' may
u.. ��� �nta_ti -.ct - z �
t- 4' �a:�c' C..,
aad mr a] ..igh a� 41 ith hax t-dc c3�Freo�t. T o
,a, Vy F h , ice
be pc--_` , F v , 9 -e c thc loe l e -st
1t ✓
do of -,,his trams is aianal of. a perm age -bass
pu�t��ipu
p'cn t raffic g n1-rat aft rorfL I-- 4evelopm a-f t7ft c,
re t3 thy. t;``a ti a € €ie -vv �i �} et Lt'��t. The
dc.cl rahall also be cepans b�� c c x }s asc ate
ff= - 1 t0 be- inatall3'' at t1=e
- the �,�� - gnu '
' at Tr =ant. .:ig:'z.a } 5. ry.a c_al 5c - ty to
tic ia� = llati3 f t "1i x tra tc _ be
_
tic de�c1 cper in t7hc r-e�� a
" at-t - o �- el
caUh cecro�:
C. It is anticipated that continued development of the
Arboretum Business Park will generate vehicular traffic volumes
that will warrant and /or necessitate a traffic signal installation
at Trunk Highway 41 and West 82nd Street. The Cities of Chanhassen
and Chaska are currently negotiating a cooperative effort to
undertake this work in 1998 or 1999. It is anticipated that the
costs will be split 50/50 between the communities with some special
assessments levied to adjacent properties.
D. Th e d,-, fF:16t cr o) all lac rcq �� 1 :t : a PT49
---- ,- i n cvclopfReRt ee a e • ti" T Git d pr:,Ad -e
€inane al in the forte a- 1`t -tcr ; f - eiedit or �ah ese�ew
s
t 3�tC 3mants.
tti gc a �mpr �
E.-5 - . �"-r" ic a1iall ae 3 �cJ_P F::s
�-( L - th tha } - gin-' l "l.1t 1. V = fir ct
i ♦1�l�Utt "41.1�a1 Vl VVJI -J IAs V Jl-U1 iVi
erg ts. mhc e . - -t light al-Ong -
��c t
nu strial,'ce�l� tar type sheets arc ? high car � : e ec r
l rim nc,4
.rcet lig �. Lc uti f the - l gh' = c r
be d
�n rc'vi cw a� tic, r
5 . '
SP -4
F.-6r. Type III erosion control fencing will be required
adjacent to wetland areas. Additional erosion control fence may be
necessary at the toe of steep slope areas and adjacent to storm
water ponds after the grading has been completed.
G.� The storm water ponds and /or temporary detention
ponds shall be constructed in the initial grading phase to minimize
erosion off -site. Erosion control blankets will be required on all
slopes greater than 3:1. Revegetation of the exposed slopes shall
occur immediately after grading is completed.
H. All areas disturbed as a result of construction
activities shall be - _ffftee__`__ - 1' restored with seed and disc -
mulched or wood fiber blanket or sod after completion of each
activity in accordance with the City's Best Management Practice
Handbook.
1. Wetland buffer areas shall be surveyed and staked
in accordance with the City's wetland ordinance. The City will
provide wetland buffer edge signs for the applicant to install
before construction begins; and the city will charge the
applicant $20 per sign.
J.��.The Developer a plieant shall apply for and obtain
all required permits from the appropriate regulatory agencies,
i.e. Carver County, Watershed District, Metropolitan Waste
Control Commission, Health Department, 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.
K.3�.Fire hydrants shall be incorporated per the Fire
Marshal's recommendations.
L.1-2 —The final plat shall be revised to include the
following:
l.zr Street names.
2.b— 10 -foot wide drainage and utility easements
adjacent to all dedicated right -of -way.
3.f-- 5 -foot wide drainage and utility easement
along the west lot line of Lot 1, Block 1.
4.�4-.- 25 -foot wide drainage and utility easement
over the public portion of storm sewer through'Lot 1, Block I.
5.e- Reduce right of way width on Coulter
Boulevard west of Century Boulevard to 60 feet wide.
M.�3—No berming or landscaping will be allowed within
t-he all right -of -ways except landscaping along the frontage road
s.
SP -5
in accordance with the Trunk Highway 5 Corridor Study.
N.-I The lowest floor er- epening elevation of all
buildings shall be a minimum of 2 feet above the 100 -year high
water level.
O.-I-S—Stormwater ponds must have side slopes of 10:1 for
the first ten feet at the normal water level and no more than 3:1
thereafter or 4:1 throughout for safety purposes.
P.4-6 —The Developer app"li_._ shall report to the City
Engineer the location of any drain tiles found during
construction and shall relocate or abandon the drain -tile as
reasonably directed by the City Engineer.
it D�sfi�r y� r =d E —fi per c t-y c =e}. Coulter
°d
Boulevard, 45: rt:3 tilu h s.r==et-Century Boulevard, and West 82
Street shall comply with Buffer yard standard B. The master
landscape plan for the Arboretum Business Park PUD shall be the
design guide for all of the specific site landscape developments.
Each lot must present a landscape plan for approval with the site
plan review process.
R.4�4-A 10' clear space must be maintained around fire
hydrants, i.e., street lamps, trees, shrubs, bushes, NSP, US
West, 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.
S.4-9--.Existing structures on the property which may be
demolished require a demolition permit. Proof of septic and well
systems that are abandoned are required.
T.24-.-The plat p-r� and uses of individual lots or
sites within the plat s ite usere must comply with the development
design standards incorporated herein as Exhibit C of the
development contract. The uses identified in Exhibit C shall be
permitted uses within the plat.
U.4-1--.Parks: The developer shall dedicate Outlots A & B
(48.38 acres) as shown on the plat, comprised of 26.13 acres of
wetland and ponds and 22.23 acres of upland, and all future
required connecting trail easements, to the City of Chanhassen.
Ce ,pc gut -c'n t-eia —the i 2.23 I—cree &2 up"lu :u -:lull i cl -a x a purl;
e _ _ _ F r�nn nnn
�.n v ^d_ 1 li c 1 1 . 7 7 N n n -� vi to � U 11 .p"U �' /
11.73 acres of the upland parkland dedication shall be credited
to satisfy the City's park dedication requirement for the plat.
The City shall also purchase 4-9 4.59 acres of upland for park
s,
SP -6
purposes for a purchase price of $200,000. The remaining 32.06
acres of parkland within Outlots A & B, consisting of 26.13 acres
of wetland and 5.93 acres of upland shall be donated to the City
by the Developer as a donation for which the Developer may take a
charitable contribution deduction, provided the City makes no
representation as to the deductibility of such contribution by
Developer. Said $200,000 cash payment being derived from tax
increment proceeds and paid on a no interest schedule of $40,000
per year for five years. The year of commencement being the year
of initial tax increment proceeds. If insufficient tax increment
proceeds are available during the initial 5 -year period, the
balance of such $200,000 payment shall be carried forward and
paid in succeeding years until developer receives the entire
$200,000.
V. C }eincr ? a1 as The Developer shall
be responsible for planning, engineering, and constructing the
"wetland trail." This trail follows an alignment generally
described as the western edge of Outlots A & B. Connection
points for this new trail construction shall be the terminus of
the Trotter's Ridge trail and Autumn Ridge trail. Portions of
said construction will occur off -site of the Arboretum plat
within land owned by the City of Chanhassen.
Trail construction shall be completed in two phases. One north
of the proposed Coulter Boulevard and, the first phase, lying
south of proposed Coulter Boulevard. Each phase shall be
completed contemporaneously with adjoining improvements.
In consideration for this trail construction, the city shall
compensate the Developer Ctc ncr - .ev lopmcnt full costs of trail
construction plus a 10% design and construction management fee.
Bid documents, including plans and specifications, shall be
approved by the Park & Recreation Director and City Engineer
prior to soliciting bids. Project bidding shall occur in a
competitive environment. with a minimur, crf thrcc b-id3 bcing
rceeiveel.. The results of the bidding process shall be reviewed
with the Park & Recreation Director and City Engineer prior to
award. Cash payment for trail construction shall be made from
the City of Chanhassen to the Developer Clc_inEr D_vclopment upon
completion, inspection, and acceptance of each phase of the
trail.
W.23.r_ull trail fees sha I be per City
e ina c fe 11 l�1. in tl i,rbcr-ctum DuUin Pai-
X.44 to recording the final plat, all legal
descriptions shall be reviewed and verified.
Si
SP -7
Y.2-S--.The developer agrees to waive any and all
procedural or substantive objections to the special assessments
resulting from Project No. 97 -1 Phase I improvements including,
but not limited to, hearing requirements and that the assessments
as outlined in the feasibility study for Phase I improvements of
Project No. 97 -1 (Coulter Boulevard Phase III) exceeds the
benefit to the property platted as Arboretum Business Park.
Z. The City will provide tax increment assistance for
special assessment write -downs for development within the plat
subject to the following:
1. The property must not be tax exempt;
2. The property owner and City must enter into a
contract for development, including a minimum assessment
agreement, satisfactory to both parties;
3. The property is in a tax increment financing
district and the expenditures are consistent with the tax
increment financing plan for the district;
4. There have been no statutory changes that
make the tax increment payment unlawful or less advantageous to
the City.
10. General Conditions. The general conditions of this
Contract, approved by the City Council on February 13, 1995 are
attached as Exhibit "B" and incorporated herein.
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER:
CHASKA GATEWAY PARTNERS LIMITED PARTNERSHIP
BY: STEINER DEVELOPMENT, INC.
Its General Partner
BY:
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
Its
The foregoing instrument was acknowledged before me this
day of , 19 , by Nancy K. Mancino, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _
day of 19 by , the
of Steiner Development, Inc., a
Minnesota corporation and the general partner of Chaska Gateway
Partners Limited Partnership, a Minnesota limited partnership on
behalf of the limited partnership.
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 - 5000
z,
SP -9
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Tract 1:
The Southwest Quarter of the Northeast Quarter; the Northeast Quarter of the
Northwest Quarter; and the Northwest Quarter of the Northeast Quarter, all in
Section 16, Township 116, Range 23, according to the Government Survey thereof.
The Southeast Quarter of the Northwest Quarter of Section 16, Township 116, Range
23, according to the Government Survey thereof.
Excepting:
That part of the South Half of the Northwest Quarter (S% of NW'/4 of Section 16,
Township 116 North, Range 23 West) described as follows: Commencing at the
Southwest corner of said Northwest Quarter, thence South 89 degrees 52 minutes 35
seconds East. (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1410.72 feet; thence North 0 degrees, 52 minutes 20 seconds West a
distance of 245.6 feet to the actual point of beginning of tract of land to be
described; thence continuing North 0 degrees 52 minutes 20 seconds West a
distance of 300 feet; thence South 89 degrees 52 minutes 35 seconds East along a
line parallel with the South line of said Northwest Quarter a distance of 457
feet; thence South 0 degrees 52 minutes 20 seconds East a distance of 300 feet,
thence North 89 degrees 52 minutes 35 seconds West along a line parallel with the
South line of said Northwest Quarter a distance of 457 feet to the point of
beginning.
Also excepting:
That part of the East Half of the Northwest Quarter of Section 16, Township 116,
Range 23, lying Westerly of the centerline of State Highway No. 41 as traveled.
According to the Government Survey thereof, Carver County, Minnesota.
SP -10
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
Dated this day of , 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _
day of , 19 ,
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
S.
SP -11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be
platted, the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private 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 plat has been recorded with the County Recorder's
Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have
been satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
GC -1
engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
from the City Inspector(s) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconstruction meeting
at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. within sixty (60) days after the
completion of the utility improvements and base course pavement and
before the security is released, the Developer shall supply the
City with the following: (1) a complete set of reproducible Mylar
as -built plans, (2) two complete sets of blue line as -built plans,
(3) two complete sets of utility tie sheets, (4) location of buried
fabric used for soil stabilization, (5) location stationing and
swing ties of all utility stubs, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. 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 plat development.
7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose reasonable 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 of 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.
GC -2
No development will be allowed and no building permits will be
issued unless the plat is in full compliance with the erosion
control requirements. Erosion control needs to be maintained until
vegetative cover has been restored, even if construction has been
completed and accepted. 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 the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
7a. Erosion Control During Construction of a Dwelling or
Other Building. Before a building permit is issued for
construction of a dwelling or other building on a lot, a $500.00
cash escrow or letter of credit per lot shall also be furnished the
City to guarantee compliance with City Code 5 20 -94.
S. 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.
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements covered by this
Contract and lying within public easements shall become City
property. After completion of the improvements, a representative
of the contractor, and a representative of the Developer's engineer
will make a final inspection of the work with the City Engineer.
Before the City accepts the improvements, the City Engineer shall
be satisfied that all work is satisfactorily completed in
accordance with the approved plans and specifications and the
Developer and his engineer shall submit a written statement
attesting to same with appropriate contractor waivers. Final
acceptance of the public improvements shall be by City Council
resolution.
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 125%
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it 4 p . ertains to the
GC -3
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
11. Da—rh and —Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park a d trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One -third (1/3) of the trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping. Landscaping on Lot 1, Block 1, Arboretum
Business Park shall be installed by the property owner or there
assignee in accordance with Plan D.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (2 1 /2) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area
between curb and property line) . In addition to any sod required
as a part of the erosion control plan, Plan B, the Developer or lot
purchaser shall sod the boulevard area and all drainage ways on
each lot utilizing a minimum of four (4) inches of topsoil as a
base. Seed or sod shall also be placed on all disturbed areas of
the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee of
$750.00 in the form of cash or letter of credit shall be provided
to the City. These conditions must then be complied with within two
(2) months after the certificate of occupancy issued, except that
if the certificate of occupancy is issued between October 1 through
May 1 these conditions must be complied with by the following July
1st. Upon expiration of the time period, inspections will be
conducted by City staff to verify satisfactory completion of all
conditions. City staff will conduct inspections of incomplete
items with a $50.00 inspection fee deducted from the escrow fund
for each inspection. After satisfactory inspection, the financial
guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfy the
requirements. The City may also use the escrowed funds for
maintenance of erosion control pursuant to City Code Section 20 -94
or to satisfy any other requirements of this Contract or of City
ordinances. These requirements supplement, but do not replace,
specific landscaping conditions that may have been required by the
City Council for project approval.
GC -4
13. Warranty. The Developer warrants all work required to
be performed by it under this Contract against peep defective
material and faulty workmanship for a period of two (2) years after
its completion and acceptance by the City. All trees, grass, and
sod shall be warranted to be alive, of good quality, and disease
free at the time of planting. All landscape plantings 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
other security acceptable to the City to secure the warranties at
the time of final acceptance.
14. Lot Plans. Prior to the issuance of building permits,
an acceptable Grading, Drainage, Erosion Control including silt
fences, and Tree Removal Plan shall be submitted for each lot for
review and approval by the City Engineer. Each plan shall assure
that drainage is maintained away from buildings and that tree
removal is consistent with development plans and City ordinance.
15. Existing Assessments. Any existing assessments against
the plat will be re- spread against the plat in accordance with City
standards.
.ahall i3la�c i. :� - t�.11 - mod 313
flr Zt light r;i ru'u C
1�"•�y l t"_' �i32
- -:3:, �t� ,^i�g�F. °.=.� ' :, .:rp�i�:�Va �'ir3�� .,
3 r ✓ utter �� �f s t- �inal piUt, t::3 D�� �i c�
shall �:3: ..mot} < c ntL _ �:,� 3�.::: :.�r�c} 1��:'c i -n -t .11ed
pa `
�c ut ry m � _ fa � i l be uc d by tha ..�ty fcr r���3h�ng
�.. p1 c u1
'ef cc: . ll 3t t5:' t�" ��� ) 4i :tom
17. Signage. All sheet Name, tra 3igr:S, Gnd wetland
monumentation required by the City as a part of the pie
improvements shall be furnished and installed by the City at the
sole expense of the Developer.
la. mead 'fh ull prt,pt�a f- uri�sY s
Cr y aI13 y _�g�te
uai b:;.i lt" -1 t and .,c
€r� cr. any ha::sc peal l cutr3r..
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows: ,.
GC -5
i) if the cost of the construction of 19 , alelie
improvements listed in paragraph 5 of the
Special Conditions is less than $500,000,
three percent (3 %) of construction costs;
if the cost of the construction of jetiblie
improvements listed in paragraph 5 of the
Special Conditions is between $500,000
and $1,000,000, three percent (3 %) of
construction costs for the first $500,000
and two percent (2 %) of construction
costs over $500,000;
if the cost of the construction of pidblie
improvements listed in paragraph 5 of the
Special Conditions is over $1,000,000,
two and one -half percent (2 %) of
construction costs for the first
$1,000,000 and one and one -half percent
(1 % %) of construction costs over
$1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the Developer
shall reimburse the City for all reasonable out -of- pocket costs for
third -party services incurred by the City for providing resident
construction inspections. This cost will be periodically billed
directly to the Developer based on the actual progress of the
construction. Payment shall be due in accordance with Article 19E
of this Agreement.
C. 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 plat
approval and development except for claims arising in connection
with work on improvements completed by the City or its agents or
contractors. The Developer shall indemnify the City and its
officers and employees for all costs, damages, or expenses which
the City may pay or incur in consequence of such claims, including
attorneys' fees.
D. In addition to the administrative fee, the Developer
shall reimburse the City for reasonable costs incurred in the
GC -6
enforcement of this Contract as a result of Developer's breach,
including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted
to it by the City for obligations ineidr due under this Contract
within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and
construction, including but not limited to the issuance of building
permits for lots which the Developer may or may not have sold,
until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
imposed such as, but not limited to, sewer availability charges
( "SAC "), City water connection charges, City sewer connection
charges, and building permit fees.
G. Private Utilities. The Developer shall have
installed and pay for the installation of electrical, natural gas,
telephone, and cable television service in conjunction with the
overall development improvements. These services shall be provided
in accordance with each of the respective franchise agreements held
with the City.
20. 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 seven (7) days in advance except
under emergency conditions. 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.
21. Miscellaneous.
A. Construction Trailers. Placement of on -site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre- construction
meeting for installation of public improvements. Trailers shall be
removed from the subject property within thirty•(30) days following
the acceptance of the public improvements 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. ,,
GC -7
C. Third Parties. Third parties shall have no recourse
against the City under this Contract. The City is not a guarantor
of the Developer's obligations under this Contract. The City shall
have no responsibility or liability to lot purchasers or others for
the City's failure to enforce this Contract or for allowing
deviations from it.
D. Breach of Contract. Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties. The City may also
issue a stop work order halting all plat development until the
breach has been cured and the City has received satisfactory
assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits. Building permits will be issued
in the plat once the plat is recorded; however, no utility hookup
will be permitted unless sanitary sewer, watermain, and storm sewer
have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface
and the site graded and revegetated in accordance with Plan B of
the development plans.
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. Release. This Contract shall run with the land and
may be recorded against the title to the property . After the
Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
Certificate of Compliance in recordable form. Prior to the
issuance of such a certificate, individual lot owners may make as
written request for a certificate applicable to an individual lot
allowing a minimum of ten (10) days for processing.
I. Insurance. Developer shall take out and maintain
until six (6) months after the City has accepted the pie
improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
GC -8
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
J. Remedies. Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed 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.
K. Assignability. The Developer may not assign this
Contract without the written permission of the City Council. The
Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
L. Construction Hours. Construction hours for required
improvements under this contract and for home and building
construction in the plat, except for work that cannot be heard
outside the home or building, 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. Under
emergency conditions, this limitation may be waived by the consent
of the City Engineer. Any approved work performed after dark shall
be adequately illuminated. If construction occurs outside of the
permitted construction hours, the Development shall pay the
following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations All site deveicjment and
construetion must cease
for sevent(7) calendar days
M. Noise Amplification. .The use of outdoor
loudspeakers, bullhorns, intercoms, and similar devices is
prohibited in conjunction with the construction of homes,
buildings, and the improvements required under this contract. The
z.
GC -9
administrative penalty for violation of construction hours shall
also apply to violation of the provisions in this paragraph.
N. Access All access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
the Developer regardless if the City has issued building permits or
occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a
smooth roadway surface and provide proper surface drainage. The
Developer may request, in writing, that the City plow snow on the
streets prior to final acceptance of the streets. The City shall
have complete discretion to approve or reject the request. The
City shall not be responsible for reshaping or damage to the street
base or utilities because of snow plowing operations. The provision
of City snow plowing service does not constitute final acceptance
of the streets by the City.
P. Storm Sewer Maintenance. The Developer shall be
responsible for cleaning and maintenance of the storm sewer system
(including ponds, pipes, catch basins, culverts and swales) within
the plat and the adjacent off -site storm sewer system that receives
storm water from the plat. The Developer shall follow all
instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system installed under Plan "C ".
The Developer's obligations under this paragraph shall end two (2)
years after the public improvements in the plat have been accepted
by the City.
Q. 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
platting 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.
R. Variances. By approving the plat, the Developer
represents that all lots in the plat are buildable without the need
for variances from the City's ordinances.
s,
GC -10
S. Compliance with Laws, Ordinances, and Regulations.
In the development of the plat 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(s);
5. Metropolitan Government, its agencies,
departments and commissions.
T. 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 to
enter into this Development Contract.
U. 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.
v. 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. On lots which have no fill material a
soils report from a qualified soils engineer is not required unless
the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi -lot grading
project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit
for the lot. On lots with fill material that have been custom
graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a
building on the lot.
W. Haul Routes. Bluff Creek Drive from Trunk Highway
212 to Pioneer Trail (CSAH 14) may not be used by the Developer,
the Developer's contractors or subcontractors as a haul route for
the import or export of soil, construction material, construction
equipment or construction debris, or any other purpose.
GC -11
X. Development Signs. The Developer shall post a six
foot by eight foot development sign at each entrance to the
project. The sign shall be in place before construction of the
required improvements commences and shall be removed when the
required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following
information: project name, name of developer, developer's
telephone number and designated contact person, allowed
construction hours.
G
M
GC -12
EXHIBIT "C"
ARBORETUM BUSINESS PARK
DEVELOPMENT DESIGN STANDARDS
Development Standards
A. Intent
The purpose of this zone is to create a PUD light industrial /office
park. The use of the PUD zone is to allow for more flexible design
standards while creating a higher quality and more sensitive
proposal. All utilities are required to be placed underground.
Each lot proposed for development shall proceed through site plan
review based on the development standards outlined below. Photo -
composite images of proposed development adjacent to Highways 5 and
41 shall be submitted as part of the review process. The PUD
requires that the development demonstrate a higher quality of
architectural standards and site design. Ancillary uses may
be permitted as listed below if they are ancillary to a principal
use on the individual lot. in the ue- e-�cp�3:It. Commercial /retail
uses are prohibited expeet except those uses specifically noted
below.
B. Permitted Uses
The permitted uses in this zone should be limited to light
industrial, warehousing, and office as defined below. The uses
shall be limited to those as defined herein. If there is a
question as to whether or not a use meets the definition, the City
Council shall make that interpretation. Permitted uses shall
be allowed on the different Blocks and Lots for which they are
specified below. The Blocks and Lots specified below are those
designated on the attached PUD plan. The Block and Lot
designations in final plats approved for phases of development may
differ from those specified below. However, the permitted uses
shall continue to be those specified below for the Lots identified
in the PUD plan.
Light Industrial - The manufacturing, compounding, processing,
assembling, packaging, or testing of goods or equipment or research
activities entirely within an enclosed structure, with no outside
storage. There shall be negligible impact upon the surrounding
environment by noise, vibration, smoke, dust or pollutants. (Lots
3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, a-i-rd 3, and 5,
Block 4; and the Wrase property)
1
Warehousing - Means the commercial storage of merchandise and
personal property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, ai:id
3, and 5, Block 4)
Office - Professional and business office. (Lots 1, 2, 3, 4, and
5, Blockl; Lot 1, Block 2; Lot 1, Block 3; Lotsl, 2, 3, 4, and 5,
Block 4; and the Wrase property)
Health Services - Establishments primarily engaged in furnishing
medical, surgical and other health services to persons. (Lots 1
and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4)
Conferences /Convention Center -
accommodate people in assembly,
services to individuals, groups,
Block 4)
Establishments designed to
providing conference and meeting
and organizations. (Lot 5,
Indoor Recreation /Health Club - Establishments engaged in
operating reducing and other health clubs, spas, and similar
facilities featuring exercise and other physical fitness
conditioning. (Lot 1, Block 3; and Lot 4, Block 4)
Hotel /Motel - Establishments engaged in furnishing lodging, or
lodging and meals, to the general public. (Lot 1, Block 3; and
Lot 4, Block 4)
Utility Services - Water towers and reservoir. (Lots 3, 4, and
5, Block 1; Lots 1, 2, and 3, Block 4; and the Wrase property)
Commercial uses (permitted on lots specified as commercial in
development standards tabulation box)
1. Restaurant, permitted on Lot
(One stand alone restaurant)
2. Convenience store with or wi
12,000 square feet, on Lot 1
convenience store)
3. Banks, with or without drive
Block 1; Lot 1, Block 3; and
1, Block 3 or Lot 4, Block 4.
- -bout gas pumps, not to exceed
or 2, Block 1, only. (One
up windows. (Lots 1 and 2,
Lot 4, Block 4)
4. Day Care - Establishments providing for the care and
supervision of infants and children on a daily basis. (Lots
1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4)
2
5.r
Ancillary Uses (in conjunction with and integral to a primary
use)
1. Fast Food (no drive - through and only in conjunction with and
integral to a convenience store).
2. Restaurant (only in conjunction with hotel /motel or
convention /conference center).
3. Showroom - Showroom type display area for products stored or
manufactured on -site provided that no more than 20 percent of
the floor space is used for such display and sales.
4. Telecommunication Towers and Antennas
5. Car wash, in conjunction with convenience store.
6. Day Care
Prohibited uses
• Contractors Yard
• Lumber Yard
• Home Improvement /Building Supply
• Garden Center
• Auto related including sales and repair
• Home furnishings and equipment stores
• General Merchandise Store
C. Setbacks
The development is regulated by the Highway 5 and the PUD
Standards. There are no minimum requirements for setbacks on
interior lot lines in the PUD zone. The following setbacks shall
apply:
(Street Frontage Minimum Setback (Maximum Setback
Building /Parking Building /Parking
JHwys. 5 & 41 70/50 150*
Coulter & N�3 50/20 100
Sou Pac-u Century
Boulevards
82 °° & West Local 30/20 NA 1
*Lot 5, Block 4, must only meet the maximum setback on one highway
frontage.
The average hard surface coverage does not include Outlots A and
B. The PUD standard for hard surface coverage is 70% for office
3
and industrial uses. Any
requirement but in no casf
exceed 70 percent.
D. Development Standards
1. Building Area
LOT /USE ACRES
82 Street
Dedication
Interior Roadway
Upland
Wetland
Lot
4,
Block 1
Lot
5,
Block 1
Lot
1,
Block 4
Lot
2,
Block 4
Lot
3,
Block 4
Lot
1,
Block 2
Lot
5,
Block 4
1.8
I
one site /lot can exceed the 70 percent
can the entire finished development
Tabulation Box
Building PARKING
Size /FAR
(square feet)
1 16.6
128.7 1
1 5.45
1 4.41
14.38
1 5.40
1 8.98
1 12.23
23.20
Lot 1, Block 1
11.80
Lot 2, Blockl
12.32
Lot 4, Block 4
/1000) 61
Office /Hotel
14.06
Lotl, Block 3
/1000) 133
Restaurant /Office
16.41
71,218
57,688
57,199
70, 597
117,371
159,822
(.4 FAR)
404,279
1 142
1 115
1 114
1 141
1 235
320
(3/1000)
1,213
1 ... 7 . 4 . 6 ............ ,......
•5.g,,,,:,
23,520
1
15,180 /
/1000) 61
30,320
I(4
26,536 /
/1000) 133
53,060
I(5
(.10FAR) 27937
447
/ 83,770
1(16/1000)
4
commercial sites may develop as office - industrial uses. Square
footage for individual lots may be reallocated within the
development, by type, provided the maximum square footage is not
exceeded.
Building Square Footage Breakdown
office - 31% 368,000 / (432,000)
Light Industrial 31% 368,000 / (432,000)
Warehouse 31% 368,000 / (432,000)
Commercial 7% 81,000 / (0)
Total 100% 1,186,000 /
(1,295,000)
*Includes the Wrase property. ( ) Represents conversion of
commercial uses to office - industrial uses
2. More than one (1) principal structure may be placed on one
(1) platted lot.
3. Building height shall be limited to 3 stories or 40 feet.
4. Lot 5, Block 4, is intended to accommodate a major corporate
headquarters or office, research, high end manufacturing with
limited warehousing type user. While the majority of the
development is based on 30 percent office space, Lot 5 must
have a minimum of 40 percent office use and include multi-
story building(s).
E. Building Materials and Design
1. The PUD requires that the development demonstrate a higher
quality of architectural standards and site design. All
mechanical equipment shall be screened with material
compatible to the building.
2. All materials shall be of high quality and durable. Masonry
material shall be used. Color shall be introduced through
colored block or panels and not painted cinder block.
3. Brick may be used and must be approved to fissure uniformity.
4. Block shall have a weathered face or be _polished, fluted, or
broken face.
5. Concrete may be poured in place, tilt -up or pre -cast, and
shall be finished in stone, textured, e-r- coated, or painted.
N
5
6. Metal siding will not be approved except as support material
to one of the above materials or curtain wall on office
components or, as trim or as HVAC screen.
7. All accessory structures shall be designed to be compatible
with the primary structure.
8. All roof mounted equipment shall be screened by walls of
compatible appearing material or camouflaged to blend into the
building or background. Wood screen fences are prohibited.
All exterior process machinery, tanks, etc., are to be fully
screened by compatible materials.
9. The use of large unadorned, pre- stressed concrete panels and
concrete block shall be prohibited. Acceptable materials will
incorporate textured surfaces, exposed aggregate and /or other
patterning. All walls shall be given added architectural
interest through building design or appropriate landscaping.
The buildings shall have varied and interesting detailing.
The use of large unadorned, concrete panels and concrete
block, or a solid wall unrelieved by architectural
detailing, such as change in materials, change in color,
fenestrations, or other significant visual relief provided
in a manner or at intervals in keeping with the size, mass,
and scale of the wall and its views from public ways shall
be prohibited. Acceptable materials will incorporate
textured surfaces, exposed aggregate and /or other
patterning. Ail walls shall be given added architectural
interest through building design or appropriate landscaping.
10. Space for recycling shall be provided in the interior of all
principal structures or within an enclosure for a� each lot
developed in the Business Center.
11. Each buildings shall contain one or more pitched roof elements
depending on scale and type of building, or other
architectural treatments such as towers, arches, vaults,
entryway projections, canopies and detailing to add additional
interest and articulation to structures.
12. There shall be no underdeveloped sides of buildings visible
from public right -of -ways. All elevations visible from the
street shall receive nearly equal treatmept and visual
qualities.
F. Site Landscaping and Screening
1. Landscaping along Highways 41 and 5 shall comply with Buffer
yard standard C {as pefC' tY code}. Coulter Boulevard, t+te
R
nort7h atrs^t-Century Boulevard, and West 82 °d Street
shall comply with Buffer yard standard B. The master
landscape plan for the Gateway PUD shall be the design guide
for all of the specific site landscape developments. Each lot
must present a landscape plan for approval with the site plan
review process.
2. Storage of material outdoors is prohibited unless it has been
approved under site plan review. All approved outdoor storage
must be screened with masonry fences and /or landscaping.
3. Undulating or angular berms or elevation changes of 3' in
height shall be placed along Coulter Boulevard, and t-Irc Fort;
Ceuth :tree }Century Boulevard. The berms shall be sodded or
seeded at the conclusion of each project Phase grading and
utility construction. The required buffer landscaping may be
installed incrementally, but it shall be required where it is
deemed necessary to screen any proposed development. All
required boulevard landscaping shall be sodded.
4. Loading areas shall be screened 100 percent year round from
public right -of -ways. Wing walls may be required where deemed
appropriate.
G. Signage
1. All freestanding signs be limited to monument signs. The sign
shall not exceed eighty (80) square feet in sign display area
nor be greater than eight (8) feet in height. The sign
treatment is an element of the architecture and thus should
reflect with the quality of the development. The signs should
be consistent in color, size, and material throughout the
development. The applicant should submit a sign package for
staff review.
2. Each property shall be allowed one monument sign per street
frontage.
3. The signage will have consistency throughout the development.
A common theme will be introduced at the development's
entrance monument and will be used throughout.
4. Consistency in signage shall relate to color, size, materials,
and heights. t
5. The Gat-eaay Arboretum Business Park PUD shall be permitted two
Gatcwal .,,-nom Arboretum Business Park identification signs.
One sign per project entrance, at West 82 °d and t4�re
neiatli;s -s-ad Century Boulevard and at Highway 41 and the
westerly roadway, shall be permitted. Said sign shall not
7
exceed 80 square feet in sign area nor be greater than eight
feet in height.
6. Wall sign shall be permitted per city ordinance for industrial
office park site.
7. All signs shall require a separate sign permit.
8. In addition to the two signs identified in g.5. above, signage
for the main entrance on Highway 5 and th3 cr h
-r- Century Boulevard shall be reviewed and approved by the
Planning Commission and City Council.
H. Lighting
1. Lighting for the interior of the business center should be
consistent throughout the development. The applicant's
proposal is consistent with the lighting standards for the PUD
ordinance. The plans do not provide for street lighting. As
with previous industrial parks /roadways, the City has required
the developer to install street lights throughout the street
system. The street lights should be designed consistent with
the existing lighting along the existing Coulter Boulevard.
2. A decorative, shoe box fixture (high pressure sodium vapor
lamps) with a square ornamental pole shall be used throughout
the development area for area lighting.
3. Lighting equipment similar to what is mounted in the public
street right -of -ways shall be used in the private areas.
4. All light fixtures shall be shielded. Light level for site
lighting shall be no more than 1/2 candle at the property
line. This does not apply to street lighting.
I. Alternative Access
1. Each site shall accommodate transit service within the
individual development whenever possible.
2. Pedestrian access shall be provided from each site to the
public sidewalk and trail system.
3. The developer and site users shall promote and encourage
Traffic Demand Management Strategies.
4. Each site shall provide areas for bicycle parking and
storage.
S