1i. Highover Addition: Final Plat, 2nd Reading for Rezoning, Development Contract, Plans & SpecsCITY OF 1 -
CHANHASSEN
MEMORANDUM
TO:
FROM
DATE:
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Action by City Admirxstrator
Erdom
Don Ashworth, City Manager tatsbm for omiss1£
Sharmin Al -Jaff, Planner H
August 11, 1997
SubmifDed tc Couteo�
SUBJ: Final Plat Approval for Highover Addition (97 -1 SUB) and Second Reading for
Rezoning from RR to RSF, located north of Hwy. 5 on the east side of Hwy. 41,
south of Lake Lucy Road (Hazeltine Blvd.), Jerome Carlson
BACK
On July 14, 1997, the City Council approved the Rezoning #97 -2 for property zoned RR to RSF
for Highover Addition as shown on the plans dated June 6, 1997 and subject to the following
conditions:
1. The applicant shall enter into a development contract containing all of the conditions of
approval for this project and shall submit all required financial guarantees. The development
contract shall be recorded against the property.
This condition still applies.
2. The applicant shall meet all conditions of the Subdivision #97 -1."
This condition still applies.
The Council also approved the preliminary plat for Subdivision #97 -1 for Highover Addition for
54 lots and one outlot as shown on the plans received June 6, 1997, subject to the following
conditions:
1. Submit tree survey showing all trees 30 inches and larger with overlay of proposed
development and grading. Establish tree preservation easements on appropriate lots (lots
1 -3, block 1, lots 1 -7, block 2, lots 7 -10 and 16 -27, block 3 and lots 1 -6 and 12 -15, block
4) penalty for encroachment into preservation easement is established at a rate of 2 to 1
diameter inch. A tree protection fence shall be placed along the edge of the grading limits
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 2
prior to grading. The applicant shall provide the City with a legal description of the
preservation easement.
This condition has been modified to read "Tree preservation easements will be
established on the following lots: Lots 1 - 3, 5, 6, Block 2, and lots 21, 22, Block 3. The
easement will be parallel to the rear property line and be 40 feet wide with the
exception of Lots 5 and 6, Block 2, where the easement will be 30 feet. Penalty for
encroachment into preservation easement is replacement plantings at a rate of 2 to 1
diameter inch. During construction, tree removal limits on all custom graded lots shall
be limited to 20 feet from the house foundation. Penalty for encroachment into tree
removal limits is replacement plantings at a rate of 2 to 1 diameter inch. A tree
protection fence shall be placed along the edge of the grading limits prior to grading. The
applicant shall provide the City with a legal description of the preservation easement.
2. Building Department conditions:
a. Revise the preliminary grading plan to show the location of proposed dwelling pads,
using standard designations and indicate the lowest level floor, entry level floor and
garage floor elevations. This should be done prior to final plat approval.
This condition has been met.
b. Obtain demolition permits. This should be done prior to any grading on the
property.
This condition still applies.
3. Fire Marshal conditions:
a. A 10 foot 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.
This condition still applies.
b. No burning permits for trees will be issued. Any downed trees will have to be
chipped on site, or hauled off site.
This condition still applies.
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 3
4. Park and Recreation conditions:
a. Payment of full park and trail fees in lieu of parkland dedication or trail construction.
One third of the fees shall be paid prior to recording of the plat. The remaining two
thirds shall be paid at the time of building permit as identified by city ordinance.
This condition still applies.
Lots 15, 16, and 17, Block 4, shall maintain a 20 foot front yard setback.
This condition still applies.
6. The applicant will need to develop a sediment and erosion control plan in accordance with
the City's Best Management Practice Handbook and the Surface Water Management Plan
requirements for new developments. The plan shall be submitted to the City for review and
formal approval. Type I erosion control fence shall be installed around the downstream side
of the construction limits. Rock construction entrances shall be employed and maintained
at all access points until the street has been paved with a bituminous surface.
This condition has been met.
7. All areas disturbed as a result of construction activities shall be immediately restored with
seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management Practice Handbook.
This condition still applies.
8. The applicant shall provide detailed storm sewer calculations for 10 -year and 100 -year
storm events and provide ponding calculations for stormwater ponds in accordance with the
City's SWMP for the City Engineer to review and approve prior to final plat approval. The
applicant shall provide detailed pre - developed and post developed stormwater calculations
for 100 -year storm events. Individual storm sewer calculations between each catch basin
segment will also be required to determine if sufficient catch basins are being utilized.
This condition has been met.
9. The proposed single family residential development of 39.39 net developable acres is
responsible for a water quality connection charge of $31,512 and a water quantity fee of
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 4
$77,992.00. The Water quality fee will be waived upon the applicant meeting NURP design
for on site runoff. These fees are payable to the City prior to the City filing the final plat.
This condition has been revised to read "The proposed single family residential
development of -39-49 38.85 net developable acres is responsible for a water quality
connection charge of $31,512
$31,080 and a water quantity fee of $77,992.00
$76,923. The
Water quality 0
ni"Aff These fees are payable to the City prior to the City filing the final plat. The
applicant will receive credit for providing NURP treatment to 14.85 acres or $11,880.
The applicant will also receive $4,000 credit for installing 2 outlet control structures.
Therefore the final SWMP fee for this development is $92,123."
10. Prior to final plan approval, the applicant shall submit detailed construction plans and
specifications in accordance with the City's latest edition of Standard Specifications and
Detail Plates for staff review and formal approval by City Council in conjunction with final
plat approval. Plans and specifications shall be submitted three weeks prior to the City
Council meeting. As -built construction drawings will be required upon completion of the
utility and street improvements.
This condition has partially met and modified to read "p ' or to - final r'
app RE S pee ifi ea ti ons alid Detail Plates for- stag revi N A. , A4qd 4)
approval by City �OtlflGil 1 H final Plat--wrovA. Plans and speeifieatleas
shall be submitted 4ffee Weeks PROf tO the C C;Oufie'l fneeting, As -built construction
drawings will be required upon completion of the utility and street improvements."
11. All custom - graded lots shall provide a detailed grading, drainage, tree removal and erosion
control plan in conjunction with building permit application for City review and approval.
This condition has been modified to read "The lots designated for custom grading
shall be Lots 1, 2 and 6, Block 2, Lots 1, 5, 6, 7, 8, 9, 10, 12 and 17 -22, Block 3, Lots
4,11 and 12, Block 4. These lots will require individual grading, drainage, tree
removal and erosion control plans upon application for a building permit for City
staff to review and approve."
12. Lot 1, Block 2 shall be designated as a custom - graded lot on the grading plan.
This condition has been met.
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 5
13. Cross - access driveway easements 30 feet in width shall be provided for Lot 1, Block 2
across Lot 2, Block 2 and Lot 4, Block 2 over Lots 5 and 6, Block 2.
This condition has been modified to read "Cross- access driveway easements 30 feet in
width shall be provided for Lot4 3, Block 2 across Lot -2 4, Block 2 and Lot 4- 5, Block 2
ever Lots 5 and 6, Bleek--2.
14. The street construction plans shall include a drain tile system behind the curbs to convey
sump pump discharge from those lots which are not adjacent to a wetland or storm drainage
pond.
This condition has been met.
15. All storm water ponds shall be designed with 3:1 side slopes with a 10:1 bench at the
normal water level from the first one foot of depth of water or 4:1 slopes overall.
This condition has been met.
16. The storm sewer proposed along the rear lots of 24 through 28, Block 3 shall be relocated
along Highover Way to Highover Drive and connected to the proposed storm sewer through
Lot 28, Block 3.
This condition has been met.
17. The existing well and septic system will need to be abandoned per City and State of
Minnesota Health codes.
This condition still applies.
18. Parking shall be prohibited on Highover Court North and South adjacent to the landscaped
cul -de -sac islands. The City shall sign these streets accordingly.
This condition still applies.
19. The developer may plat Lots 1 through 3, Block 4 and Lots 27 and 28, Block 3 contingent
upon the developer installing and maintaining a temporary lift station at the end of Highover
Drive. The developer shall also be responsible for the abandonment and removal of the lift
station with the extension of service of gravity sanitary sewer for these lots or the developer
may plat these 5 lots as an outlot until future sewer service is available.
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 6
This condition still applies.
20. The developer shall install a 12 -inch watermain along Highover Drive, Highover Way and
Highover Court South . The developer will be entitled to credits against their utility hookup
charges for the cost difference between an a 6 inch and 12 -inch watermain.
This condition has been modified to read "The developer shall install a 12 -inch
watermain along Highover Drive, . The
developer will be entitled to credits against their utility hookup charges for the cost
difference between an a b 8 inch and 12 -inch watermain at the time of building permit
issuance.
21. The developer shall loop the water line system in Highover Court South along the common
lot line of Lots 19 and 20, Block 3 for future connection with the Lundgren subdivision, The
Woods at Longacres.
This condition has been met.
22. The erosion control fence along Lots 1, 2 and 3, Block 4 and Lot 28, Block 3 shall be Type
Il.
This condition has been met.
23. Temporary cul -de -sacs will be required at the ends of Highover Drive and Highover Trail.
Traffic barricades shall also be installed with a sign indicating "This street shall be extended
in the future." A condition will also be placed in the development contract to notify future
property owners of the street extension.
This condition has been modified to read "Temporary cul -de -sacs ill bernRi =ems are
proposed at the ends of Highover Drive and Highover Trail. Traffic barricades ShR4 are
also being installed with a sign indicating "This street shall be extended in the future." A
condition will also be placed in the development contract to notify future property owners
of the street extension."
24. The street widths throughout the plat shall be increased to 31 feet back -to -back of curb.
This condition has been met.
25. The driveway accesses to Lots 1, 2 and 3, Block 1 shall be restricted to the eyebrow area of
Lake Lucy Road. Direct access onto Trunk Highway 41 shall be prohibited from all lots in
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 7
the subdivision. The existing driveway access from Trunk Highway 41 shall be eliminated
in conjunction with site grading.
This condition still applies.
26. The developer shall enter into a development contract with the City and provide a financial
security in the form of a letter of credit or cash escrow to guarantee with the terms of final
plat approval.
This condition still applies.
27. Drainage and utility easements shall be dedicated on the final plat for public improvements
which lie outside the street right -of -way. The exact easement width will be determined in
conjunction with final construction plan review. The minimum utility and drainage
easement width shall be 20 feet. Drainage and utility easements shall also be dedicated over
all wetlands and storm water ponds up to the elevation of a 100 -year storm event.
This condition has been modified to read "The following drainage and utility easements
shall be dedicated on the final plat for public improvements which lie outside the street
right -of -way.
a. A 30 foot wide easement centered upon the common lot line of Lots 15 and 16,
Block 4
b. A 30 foot wide easement centered upon the common lot line of Lots 1, 2, 12,
and 13, Block 4.
review. The minimum utility and El i _ Rentwidth shall be 20 feet. Dfainage and
utility easements shall also be dedioated Ewer- all wetlands and stoFm watef PORds Up 4) G-
ieyatio of a inn y ear- steFm e
28. All existing structures (House and Stable) shall be removed prior to recording of the plat.
This condition still applies.
29. Submit revised grading plan showing diminished grading and revised tree removal plan,
prior to final plat approval.
This condition has been met.
30 Resolve the trail issue prior to final plat approval.
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 8
This condition has been modified to read "The City shall assume the right to develop
a turf trail within the NSP easement in the future and incorporate it within the trail
Comprehensive Plan."
At this point, the applicant is requesting final plat approval. Staff is recommending approval of this
application with conditions.
PROPOSAL SUMMARY
The applicant is requesting final plat approval to subdivide 48.99 acres into 54 single family lots.
The property is zoned RR, Rural Residential and the proposal calls for rezoning it to RSF,
Residential Single Family.
The average lot size is 39,518 square feet with a resulting gross density of 1.1 units per acre. The
site is located north of Hwy. 5, east of Hwy. 41 and Minnewashta Regional Park, and north and
south of Lake Lucy Road. Access to the subdivision will be provided via existing Lake Lucy Road
which will connect this subdivision with Highway 41 to the west and Galpin Boulevard to the cast
(through the Brenden Pond and Woodridge Heights subdivisions). Highover Drive extends south
off of Lake Lucy Road to service some of the lots. The remaining parcels will be serviced by
Highover Court North and South, Highover Way, and Highover Trail.
All of the proposed lots meet the minimum area, width, and depth requirements of the Zoning
Ordinance. There are two outlots shown on the plat. Outlot A will contain a sign identifying the
neighborhood and Outlot B will contain a temporary storm water pond.
The site has a dense concentration of mature trees. The roads have been aligned to minimize
impact on the trees and the majority of the homes will be custom graded. Preservation easements
and grading limits have been imposed on the plat and made part of the conditions of approval.
In summary, staff believes that the proposed subdivision is well designed. Minor revisions will be
required. We are recommending that the subdivision and second reading of the rezoning be
approved with conditions outlined in the staff report.
REZONING
The applicant is proposing to rezone the property from RR, Rural Residential to RSF, Residential
Single Family. The area to the north, east, west and south is zoned Rural Residential and is guided
for Residential Low Density.
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 9
The 2000 Land Use Plan shows this area designated for development as Low Density Residential,
1.2 - 4.0 units per acre. The applicant's proposal has a gross density of 1.1 units per acre and 1.68
units per acre net after the streets and wetlands are taken out.
This area is in the MUSA area. Staff is recommending that this area be rezoned to RSF and the
rezoning is consistent with the Comprehensive Plan.
FINAL PLAT
The applicant is proposing to subdivide a 48.99 acre site into 54 single family lots. The density of
the proposed subdivision is 1.1 units per acre gross, and 1.68 units per acre net after removing the
roads and wetlands. All the lots exceed the minimum 15,000 square feet of area, with an average
lot size of 39,518 square feet.
All of the proposed lots meet the minimum width, and depth requirements of the Zoning
Ordinance. There are two outlots shown on the plat. Outlot A will contain a monument sign and a
sidewalk. Outlot B will contain a temporary storm pond.
Lots 15, 16, and 17 contain a wetland. The ordinance requires all structures to maintain a 30 foot
setback from the edge of a wetland. The ordinance also requires a buffer zone (0 -20 feet wide) with
an average of 10 feet. Staff met with the applicant and explained that we wish to see the 10 foot
buffer continued around the wetland. In order to allow the buffer to be preserved, we suggested that
the applicant reduce the front yard setback for these lots to 20 feet. This seems to be a compromise
that benefits both the developer and the City.
Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent
with the Zoning Ordinance.
WVTT .ANnq
There are two wetlands identified on this site. Wetland A is located north of Lake Lucy Road
Identified as Brenden Pond or DNR protected water 10 -132. This wetland has been identified by
the City's wetland inventory as a natural wetland. Requirements for building on a natural
wetland are a 20 foot buffer zone in addition to a 40 foot building setback. The proposed site
plan has identified the wetland and setbacks, and the wetland delineation has been field verified
by the City's Water Resources Coordinator.
Wetland B is an ag -urban wetland located at the intersection of Lake Lucy Road and Highway 41.
This area was part of a wetland restoration project, undertaken by the City of Chanhassen with the
cooperation of Jerome Carlson. The west edge of this area was classified as a wetland, but the east
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 10
side had a history of dumping and filling and was therefore, no longer defined as wetland. As part
of the restoration the city added open water areas to the existing wetlands. Setbacks along this
wetland shall be the same as a ag /urban wetland.
As part of the banking project, the remaining site south of Lake Lucy Road was delineated for the
existence of additional wetlands. This delineation verified that no other wetlands exist on this
site.
Buffer Zones
The buffer strip width required for natural wetlands is 10 to 30 feet with a minimum average width
of 20 feet. This proposed plan meets these requirements on Wetland A, the natural wetland
located on this site. The buffer strip width required for an ag/urban wetland such as Wetland B, is
0 to 20 feet with a minimum average width of 10 feet. The principal structure setback is 40 feet
measured from the outside edge of the buffer strip. Originally the applicant proposed to have 40
foot setbacks with no buffer on lot 17 of the 4th addition. Following the direction of Staff, the
plans were changed to a proposed 30 foot setback from the edge of a 10 foot buffer strip. This
would establish a uniform buffer strip along the properties which border Wetland B. Historically,
the City has found that buffer zones are more likely to stay intact if they are uniform along
neighboring lots. In addition, City staff has recommended to reduce the front yard setback on Lots
15, 16 and 17 in Block 4, from 30 feet to 20 feet to accommodate this uniform buffer.
In addition to the setback requirements of a buffer strip, buffer strip monumentation around the
wetlands will required.
SURFACE WATER MANAGEMENT PLAN ( SWMP)
Water Quality Fees - The SWMP has established a water quality connection charge for each new
subdivision based on land use. Dedication shall be equal to the cost of land and pond volume
needed for treatment of the phosphorus load leaving the site. The requirement for cash in lieu of
land and pond construction shall be based upon a schedule in accordance with the prescribed land
use zoning. Values are calculated using market values of land in the City of Chanhassen plus a
value of $2.50 per cubic yard for excavation of the pond. The proposed SWMP water quality
charge for single family resident developments is $800 per acre.
Water Quantity Fees The SWMP has established a connection charge for the different land uses
based on an average city -wide rate for the installation of water quantity systems. This cost includes
land acquisition, proposed SWMP culverts, open channels and storm water ponding areas for runoff
storage. Single family residential developments have a connection charge of $1,980 per
developable acre.
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 11
Highover Water Quality Fee
SWMP fees are based on a total developable land area of 38.85 acres. Therefore, the applicant is
required to pay $31,080 in water quality fees. The Applicant will be eligible for credits to this fee
for any water treatment ponds that meet NURP standards. However, credit will not be given for
the temporary treatment pond located at the south side of the project. Credits will be determined
once storm sewer calculations have been reviewed by the City.
Highover Water Quantity Fee
The total net area of the property is 38.85 acres as discussed above. Therefore, the proposed
development would then be responsible for a water quantity connection charge of $76,923
These SWMP fees will be due payable to the City at time of final plat recording.
SWMP Credits
The applicant has proposed to provide water quality treatment for 26.86 acres of this development.
14.85 of these acres will be treated by a permanent NURP pond located on the north edge of the
development. The remaining 12.01 acres would be treated by a temporary pond located on the
south side of the development. The City's SWMP has identified the need for a larger pond off this
site, to treat a larger watershed. Because it is the goal of the City to reduce the number of smaller
NURP ponds in favor of larger "regional ponds," the applicant will not be given credit for the
temporary pond. However, the applicant will receive credit for installing a control structure in this
pond, which the city can reuse when the future pond is built. The credit given to this proposed
development would be $11,880 for the NURP pond and $4,000 for two control structures.
GRADING
The final grading plan has been prepared and submitted to staff for review. Based on our review
it appears grading has been minimized to the extent practical. During the final review staff was
concerned with a number of lots that were designated "custom." A few of these lots require
extensive excavation or filling (earthwork) to develop the house pads and maintain the overall
neighborhood drainage pattern. In addition, most of these lots were void of any significant
vegetation. Staff is requiring that some of the "custom" graded lots which are not saving trees be
graded with the initial site grading. This will help minimize hauling of material in and out of the
site after the streets and homes are constructed. The lots designated for custom grading shall be
Lots 1, 2 and 6, Block 2, Lots 1, 5, 6, 7, 8, 9, 10, 12 and 17 -22, Block 3, Lots 4, 11 and 12, Block
4. These lots will require individual grading, drainage, tree removal and erosion control plans
upon application for a building permit for City staff to review and approve.
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 12
Boulder retaining walls are proposed along Highover Drive on Block 2 to minimize grading and
tree loss. The walls are proposed to be constructed outside the City's proposed right -of -way.
The site grading will impact existing boulevard trees along Lake Lucy Road. These trees were
recently planted in conjunction with the Lake Lucy Road public improvement project and are still
under warranty. The plans propose to temporarily remove the trees until the site grading is
completed and then re -plant the trees. The developer should warranty the transplanted trees
along Lake Lucy Road for one full growing season after transplanting.
DRAINAGE
A storin water management plan has been prepared and submitted for staff review and City
Council approval. Staff has reviewed the storm water plan and finds the plans overall acceptable.
Storm water runoff from the site will be conveyed via storm sewer pipes to two different
ponding areas for pretreatment and storage prior to discharging downstream into adjacent
wetlands. The southerly pond in Outlot B is designated as a temporary storm water pond. This
pond will function as a permanent ponding basin until downstream regional storm water ponds
are constructed with future development. Once the downstream regional storm water pond is
constructed the temporary pond may be removed. The applicant will receive no SWMP credits
for the temporary storm water pond except for the outlet control structure.
A drain tile system is proposed behind the curbs in the streets to address sump pump discharge
from those lots which are not adjacent to a wetland or storm water pond. Storm water ponds
have been designed with 4:1 or less slopes consistent with City policy.
UTILITIES
Detailed construction plans and specifications have been submitted to the City for review and
approval. Staff has reviewed the plans and specifications and found them acceptable with a few
minor changes. The final plans and specifications are available for review in the Engineering
Department. The site has an existing structure that is proposed to be razed in conjunction with
site grading. The existing well and septic system will need to be abandoned per City and State of
Minnesota Health codes within 30 days after recording of the plat.
Municipal utility service is available to most of the site. Due to elevation constraints, sanitary
sewer service to Lots 27 and 28, Block 3 and Lots 1 through 3, Block 4 will require construction
of a temporary lift station at the end of Highover Drive. This area is designated to be serviced by
sanitary sewer from a future trunk sewer line from the south. Currently, the trunk sewer line is
approximately 1400 feet away. Staff believes that development in the area will extend this line
within the next 5 to 7 years. Without the temporary lift station, these 5 lots would be considered
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 13
premature for development. The developer is proposing to plat these lots and not build on the
lots until future trunk sanitary sewer is extended to service these lots or construction of a
temporary lift station. The City, as a rule, does not allow for temporary lift stations unless the
area will serviced by a gravity sewer system in the near future and if the developer agrees to
maintain the temporary lift station and is responsible for its abandonment and removal in the
future. Staff has placed a condition in the development contract that Lots 27 and 28, Block 3 and
Lots 1 -3, Block 4 are not buildable until the lift station at the end of Highover Drive is completed
and approved by the City or the lots are served by a gravity sewer system.
According to a well field study conducted on behalf of the City, this area has a potential for a
future well site. The City will be conducting test drilling to determine its potential. It may be
possible that one of the 5 lots which will be serviced by a temporary lift station may be purchased
by the City for the well site.
The City's Comprehensive Water Plan proposes a 12 -inch trunk water line along the east side of
Trunk Highway 41 south of Lake Lucy Road. Instead of having two water lines essentially
paralleling one another, staff has had discussions with the developer to incorporate the 12 -inch
trunk water line through the proposed development along Highover Drive. This way the water
line will serve a dual purpose both as a lateral water service to the development and a trunk water
system for the City. The developer would be entitled to credits for the cost difference between an
8 -inch and a 12 -inch water line. The credits would be applied to utility hookup charges on those
lots within the subdivision at time of building permit issuance.
In an effort to improve both water quality and water pressure within the developments of
Highover and The Woods at Longacres, a water line from Highover Court south will be extended
along the common lot line of Lots 19 and 20, Block 3 for future connection with the Lundgren
subdivision, The Woods at Longacres. The preliminary plans for The Woods at Longacres
propose this extension from their cul -de -sac as well. This development is proposed later this fall.
EROSION CONTROL
Erosion control measures have been incorporated throughout the plat. Staff has recommended
that Type III erosion control fence be installed adjacent to the wetlands and steep slope areas.
Additional erosion control fence may be required behind the curbs after installation of the streets.
STREETS
Street grades range from 0.80% to 8.9% which exceeds the City's design criteria. However, given
the topographic relief on the site, staff believes it is reasonable to allow a variance on the street
grades in an effort to minimize grading and tree removal.
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 14
The street width is proposed at 31 feet back -to -back of curb which meets the City's street standard
section. The plans also propose a 5 -foot wide concrete sidewalk along Highover Drive and Trail
and an 8 -foot wide turf trail along the easterly property line of the subdivision. A crosswalk is
proposed at the intersection of Lake Lucy Road and Highover Drive to access the 8 -foot wide
bituminous trail along the north side of Lake Lucy Road. The developer's engineer and staff has
reviewed the sight lines of this intersection and believes it will not impose a safety problem for
vehicular or pedestrian traffic movements.
Street signs throughout the development will be provided and installed by the City. The developer
will be responsible for the cost of the signs. Street lights will also be installed by NSP.
Access to the development will be restricted to Lake Lucy Road. No direct access will be permitted
from Trunk Highway 41. Driveway access to Lot 3, Block 2 is proposed through Lots 4 and 5,
Block 2 along the common lot line in an effort to negotiate grade and minimize tree loss. Cross -
access driveway easements will be necessary to preserve ingress and egress rights to the property.
Lots 1, 2 and 3, Block 1 are adjacent to Lake Lucy Road which is listed as a collector on the City's
Comprehensive Plan. The plans propose an "eyebrow" to serve these three lots which is an
efficient manner and safer way to access these lots rather than directly off of Lake Lucy Road. A no
parking zone has been designated along Lake Lucy Road. In the eyebrow, however, parking may
be permitted. Access to Lots 1 through 3, Block 1 shall be restricted to the eyebrow area of Lake
Lucy Road.
MISCELLANEOUS
Drainage and utility easements will be required over public improvements outside of the street
right -of -way. A 30 -foot wide drainage and utility easement needs to be dedicated on the final plat
along the common lot line of Lots 1 and 2, Block 3, Lots 12 and 13, Block 3 and Lots 15 and 16,
Block 4. Drainage and utility easements are being dedicated on the final plat over all wetlands and
storm water ponds up to a 100 -year storm event.
TREE PRESERVATION /LANDSCAPING
The site has existing stands of northern hardwoods and pines. The canopies cover approximately
44% or 17 acres of the 49 acre site, excluding wetlands and right -of -way. The applicant is
proposing to remove over half of the existing trees which exceeds what is allowed by ordinance.
According to ordinance, 35% of the canopy should remain rather than the 18% as proposed by
applicant. Due to the excessive removal, replacement trees are calculated at 1.2 times the
difference between remaining and required canopy coverage. The difference of 6.60 acres times
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 15
1.2 is 7.92 acres or 317 trees. The applicant is proposing to plant 235 overstory, 8 ornamental,
and 105 evergreens for a total of the 348 trees. The applicant is utilizing evergreens that are
currently growing on site and transplanting 89 spruce and pines.
In 1993, the Minnesota Department of Natural Resources inventoried this site as part of the
Chanhassen Forestry Management Plan. According to the introduction, "the purpose of this
report is to assist the Chanhassen city planners, engineers, and elected officials in making
informed decisions about the forested portion of their city." In the plan, both the northern
hardwood forest and the pine forest located in the proposed development were inventoried and
given recommendations.
The northern hardwood forest is /was described as having a "predominant species of basswood,
sugar maple, and red oak" in the overstory and sugar maple and basswood seedlings in the
understory. The average diameter size of the trees was 15 inches and greater with a light density
of trees. The average age of trees was 100 years. Recommendations for the woods stated:
"There is a light overstory of mature basswoods, sugar maple, and red oak in this wood lot. This
group of trees would be difficult to develop in because of the oak and maple. This lot should be
left for green space."
The pine forest has /had an overstory of Norway (red) pine and no understory due to the lack of
light able to penetrate the pine canopy. The average diameter size was 5 -9 inches with a heavy
density of trees. The average age of the pines was 30 years. Recommendations for the pines
stated: "This pine stand is in need of thinning. The possibility of development in this wood lot
is not advisable because of the extremely high number of trees and the shallow nature of their
root systems."
As stated by the DNR report, the woods on this site are vulnerable to development due to the
species, age and density. In addition, the tree survey for the site located at least 50 trees on site
with diameters of 30 inches or greater. To retain the greatest number of significant trees, it will
be extremely important for the developer to establish preservation areas or removal limits on
wooded lots. Staff recommends tree preservation easements and tree removal limits be
established in all wooded areas. These easements or limits would protect the preserved
fragments from further encroachment. Lots with easements include Lots 1 -3, 5, 6, Block 2,
Lots 21 -22, Block 3. Tree preservation easements would legally preserve the existing trees on
the covered lots and would not allow healthy trees to be removed. Tree removal limits would
only apply to the developer/builder and would allow any trees to be removed once the
homeowners have taken possession of the home. All custom graded, wooded lots would have
tree removal limits established before construction.
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 16
PARK DEDICATION
Full park and trail fees will be collected per city ordinance in lieu of land acquisition and /or trail
construction. At the July 14, 1997, City Council meeting, the trail within the NSP easement was
raised as an issue. The applicant wishes to make this trail part of the plat, while the "Lundgren
Bros. Development" is opposed to it. The City Council directed staff to resolve this issue.
Lundgren Bros. contend that lots sold to residents next to the proposed trail were not made aware
of the potential of construction of this trail since it was never part of the Comprehensive Trail
Plan. The city will conduct additional studies to evaluate the need for it. If the results indicate
that it is an option, then the Comprehensive Trail Plan will be amended accordingly. The Park
and Recreation Director recommended the following condition be incorporated into the
conditions of approval, "The city shall assume the right to develop a turf trail within the NSP
easement in the future and incorporate it within the Comprehensive Trail Plan."
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot Lot Lot Home
Area Width Depth Setback
Ordinance
15,000
90'
125'
30' front /rear
10' sides
BLOCK 1
Lot 1
43,593
145'
343'
30'/60'*
10'
Lot 2
62,469
70'
301.5'
30'/60'*
10'
Lot 3
48,582
366'
289.5'
30'/60'*
10'
BLOCK 2
Lot 1
57,660
316'
307.39'
30'/30'
46' corner lot
10'
Lot 2
37,125
135'
296.5'
30'/30'
10'
Lot 3
30,612
155'
197'
30730'
10'
Lot 4
20,726
140'
192.5'
30'/30'
143' corner lot
10'
Lot 5
20,153
128'
135'
30'/30'
10'
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 17
Lot 6 32,351 190' 173' 30'/30'
10'
BLOCK 3
Lot 1
29,326
176'
162.5'
30'/30'
10'
Lot 2
24,060
122'
180'
30730'
10'
Lot 3
22,744
163'
147'
30'/30'
134' corner lot
10'
Lot 4
15,092
100'
151'
30730'
10'
Lot 5
15,138
106'
150.5'
30'/30'
10'
Lot 6
16,168
127'
150'
30730'
10'
Lot 7
15,980
86'
155'
30'/30'
10'
Lot 8
19,818
80'
169.5'
30'/30'
179' corner lot
10'
Lot 9
25,987
161'
184'
30'/30'
205' corner lot
10'
Lot 10
20,508
125'
164'
30'/30'
10'
Lot 11
21,626
148' on curve
145'
30'/30'
10'
Lot 12
25,970
91'
139'
30'/30'
10'
Lot 13
32,151
35'
167.5'
30'/30'
10'
Lot 14
19,855
116' on curve
179.5'
30'/30'
10'
Lot 15
19,969
110'
181.5'
30'/30'
10'
Lot 16
20,460
110'
186'
30'/30'
10'
Lot 17
23,959
125'
193'
30'/30'
10'
Lot 18
24,741
107'
212.5'
30'/30'
10'
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 18
Lot 19
29,098
109'
250.5'
30'/30'
10'
Lot 20
44,505
101' on curve
309.5'
30'/30'
10'
Lot 21
34,090
52'
258'
30'/30'
10'
Lot 22
28,845
55'
222.5'
30'/30'
10'
Lot 23
38,127
48'
319.5'
30'/30'
10'
Lot 24
34,714
99' on curve
247'
30'/30'
10'
Lot 25
27,170
144'
200' corner lot
224'
30'/30'
10'
Lot 26
Lot 27
23,848
20,938
125'
193' corner lot
126'
193'
196.5'
30'/30'
10'
30'/30'
10'
Lot 28
27,211
153'
176.5'
30'/30'
10'
BLOCK 4
Lot 1
29,210
100
217.5'
30'/30' 10'
Lot 2
31,328
130
187.5 '
30'/30' 10,
Lot 3
25,582
140
187.5'
30'/30' 10'
Lot 4
28,659
160' on curve
230'
30'/30'
10'
Lot 5
27,665
125' on curve
230'
30'/30'
10'
Lot 6
22,894
110'
201.5'
30'/30'
10'
Lot 7
21,189
107'
184'
30'/30'
10'
Lot 8
19,502
110'
177.5'
30'/30'
10'
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 19
Lot 9
18,347
120'
172.5'
30'/30'
10'
Lot 10
25,793
101'
208.5'
30'/30'
10'
Lot 11
25,336
97'
235.5'
30'/30'
10'
Lot 12
24,313
96'
214.5'
30'/30'
10'
Lot 13
23,990
98'
210'
30'/30'
10'
Lot 14
26,818
99'
236'
30'/30'
10'
Lot 15
28,607
102'
287'
20' * * */50' **
10'
Lot 16
38,752
114'
352'
20' * * */50' **
10'
Lot 17
75,264
147'
433.5'
20' * * * /50' **
480' on corner
10'
Outlot A 52,708
X The 60 foot setback includes a 20 foot wetland buffer in addition to a 40 foot
structure setback.
** The 50 foot setback includes a 10 foot wetland buffer in addition to a 40 foot
structure setback.
* ** As discussed in the buffer zone section of the staff report, staff is recommending lot
15, 16, and 17, Block 4, maintain a 20 foot front yard setback to accommodate a 10
foot buffer zone and a 30 foot structure setback from the edge of the buffer, rendering
a total of 40 foot structure setback from the edge of the wetland.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves second reading of Rezoning #97 -2 for property zoned RR to RSF for
Highover Addition as shown on the plans dated July 16, 1997 and subject to the following
conditions:
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 20
1. The applicant shall enter into a development contract containing all of the conditions of
approval for this project and shall submit all required financial guarantees. The development
contract shall be recorded against the property.
2. The applicant shall meet all conditions of the Subdivision #97 -1."
The Council also approves the final plat for Subdivision #97 -1 for Highover Addition for 54 lots
and two outlots as shown on the plans received July 16, 1997, subject to the following conditions:
Tree preservation easements will be established on the following lots: Lots 1 - 3, 5, 6, Block
2, and lots 21, 22, Block 3. The easement will be parallel to the rear property line and be 40
feet wide with the exception of Lots 5 and 6, Block 2, where the easement will be 30 feet.
Penalty for encroachment into preservation easement is replacement plantings at a rate of 2
to 1 diameter inch. During construction, tree removal limits on all custom graded lots shall
be limited to 20 feet from the house foundation. Penalty for encroachment into tree removal
limits is replacement plantings at a rate of 2 to 1 diameter inch. A tree protection fence
shall be placed along the edge of the grading limits prior to grading. The applicant shall
provide the City with a legal description of the preservation easement.
2. Building Department conditions:
a. Obtain demolition permits. This should be done prior to any grading on the
property.
3. Fire Marshal conditions:
a. A 10 foot 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.
b. No burning permits for trees will be issued. Any downed trees will have to be
chipped on site, or hauled off site.
4. Park and Recreation conditions:
a. Payment of full park and trail fees in lieu of parkland dedication or trail construction.
One third of the fees shall be paid prior to recording of the plat. The remaining two
thirds shall be paid at the time of building permit as identified by city ordinance.
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 21
5. Lots 15, 16, and 17, Block 4, shall maintain a 20 foot front yard setback.
6. All areas disturbed as a result of construction activities shall be immediately restored with
seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management Practice Handbook.
The proposed single family residential development of 38.85 net developable acres is
responsible for a water quality connection charge of $31,080 and a water quantity fee of
$76,923. Th W a t er f ee •l � • , a t h e i t meetin E l O si ,., f
z ccc�� vvrx rv�'vrcc'r`a ccr'crPvix-crr ...rY•�••• - �•• . ••b • • •• `" •�•, • ••,•
on to runoff-. The applicant will receive credit for providing NURP treatment to 14.85
acres or $11,880. The applicant will also receive $4,000 credit for installing 2 outlet control
structures. Therefore the final SWMP fee for this development is $92,123. These fees are
payable to the City prior to the City filing the final plat.
As -built construction drawings will be required upon completion of the utility and street
improvements.
9. The lots designated for custom grading shall be Lots 1, 2 and 6, Block 2, Lots 1, 5, 6, 7,
8, 9, 10, 12 and 17 -22, Block 3, Lots 4, 11 and 12, Block 4. These lots will require
individual grading, drainage, tree removal and erosion control plans upon application for
a building permit for City staff to review and approve.
10. Cross - access driveway easements 30 feet in width shall be provided for Lot 3, Block 2
across Lot 4, Block 2 and Lot 5, Block 2.
11. The existing well and septic system will need to be abandoned per City and State of
Minnesota Health codes.
12. Parking shall be prohibited on Highover Court North and South adjacent to the landscaped
cul -de -sac islands. The City shall sign these streets accordingly.
13. The developer may plat Lots 1 through 3, Block 4 and Lots 27 and 28, Block 3 contingent
upon the developer installing and maintaining a temporary lift station at the end of Highover
Drive. The developer shall also be responsible for the abandonment and removal of the lift
station with the extension of service of gravity sanitary sewer for these lots or the developer
may plat these 5 lots as an outlot until future sewer service is available.
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 22
14. The developer shall install a 12 -inch watermain along Highover Drive. The developer will
be entitled to credits against their utility hookup charges for the cost difference between a 8
inch and 12 -inch watermain at the time of building permit issuance.
15. Temporary cul -de -sacs are proposed at the ends of Highover Drive and Highover Trail.
Traffic barricades are also being installed with a sign indicating "This street shall be
extended in the future." A condition will also be placed in the development contract to
notify future property owners of the street extension.
16. The driveway accesses to Lots 1, 2 and 3, Block 1 shall be restricted to the eyebrow area of
Lake Lucy Road. Direct access onto Trunk Highway 41 shall be prohibited from all lots in
the subdivision. The existing driveway access from Trunk Highway 41 shall be eliminated
in conjunction with site grading.
17. The developer shall enter into a development contract with the City and provide a financial
security in the form of a letter of credit or cash escrow to guarantee with the terms of final
plat approval.
18. A 30 -foot wide drainage and utility easement needs to be dedicated on the final plat along
the common lot line of Lots 1 and 2, Block 3, Lots 12 and 13, Block 3 and Lots 15 and 16,
Block 4.
19. All existing structures (House and Stable) shall be removed prior to recording of the plat.
20. The City shall assume the right to develop a turf trail within the NSP easement in the
future and incorporate it within the trail Comprehensive Plan.
21. The developer shall warranty the transplanted trees along Lake Lucy Road for one full
growing season after transplanting.
22. Lots 27 and 28, Block 3 and Lots 1 -3, Block 4 are not buildable until the lift station at the
end of Highover Drive is completed and approved by the City or the lots are served by a
gravity sewer system.
23. Type III erosion control fence be installed adjacent to the wetlands and steep slope areas.
Additional erosion control fence may be required behind the curbs after installation of the
streets."
Don Ashworth
August 11, 1997
Highover Addition Final Plat
Page 23
ATTACHMENTS
1. Letter from NSP dated July 29, 1997.
2. Tree conservation easement.
3. Memo from Dave Hempel dated August 6, 1997.
4. Final plat dated received July 16, 1997.
F;-::7A
115?
July 29, 1997
Mr. Julian Hook
3601 Park Centre Blvd.
Suite 134
Mpis., MN 55416
RE: Highover
Sections 4 &9, Township 116, Range 23
Carver County, MN
NSP Transmission Line 0734
Dear Mr. Hook,
Northern States Power Company
414 Nicollet Mall
Minneapolis, Minnesota 55401 -1993
Telephone (612) 330 -5500
I rr7Z�Inpy
Northern States Power Company received your request to construct a walk/bike trail within the NSP
easement on the above refernced property. The request also includes the construction of a road, to be
named Highover Trail. These uses of the easements are acceptable to NSP, subject to the follwing
conditions:
1. The road and trail shall not come within 10 feet of a structure - tower or pole.
2. The grade and elevations of the easement area shall not be altered.
if you have any questions, please feel free to contact me.
Sincerely.
Tina Olson
Real Estate Rep./Highway Liaison
330 -5983
TREE CONSERVATION EASEMENT
INSTRUMENT made this day of , 1997, by and between
E. JEROME CARLSON and LINDA C. CARLSON fee owners, hereinafter referred
to as "Grantors ", and the CITY OF CHANHASSEN, a Minnesota municipal corporation
( "City").
WITNESSETH:
The Grantors, in consideration of good and valuable consideration paid by the
City, the receipt and sufficiency of which is hereby acknowledged, grants unto the City a
permanent tree conservation easement for the purposes set forth in this instrument, over,
under, and across the premises described in the attached Exhibit A ( "subject property").
1. Grantors, their successors and assigns, agree that the following are prohibited in'
perpetuity on the subject property:
A. Constructing, installing, or maintaining anything made by man,
including but not limited to buildings, structures, walkways, clothes line
poles, and playground equipment within the dripline of a tree, that has the
potential to damage the tree.
B. Cutting or removing trees, removing dead trees, trimming trees to
maintain health, removing diseased trees, and removing selected trees
approved by the City when required to allow sunlight to penetrate limited
areas on the property, may be undertaken.
C. Excavation or filling when these activities may contribute to damage or
loss of protected trees.
2. The above named Grantors, for themselves, their successors and assigns do
covenant with the city, its successors and assigns, that they are well seized in fee title of
the above described easement premises; that they have the sole right to grant and convey
the easement to the City; that there are no unrecorded interests in the easement premises;
and that they will indemnify and hold the City harmless for any breach of the foregoing
covenants.
GRANTOR:
E. JEROME CARLSON
LINDA C. CARLSON
GRANTEE:
CITY OF CHANHASSEN
(SEAL) BY:
Mayor
AND
, City Manager
STATE OF MINNESOTA )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
1997, by
day of
and
NOTARY PUBLIC
STATE OF MINNESOTA )
) SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 1997, by and
respectively the Mayor and 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
DRAFTED BY:
K -P Marketing, Inc.
12435 42nd Ave. N.
Plymouth, MN. 55441
Phone ( 612) 476 -5317
EXHIBIT A
The rear 30 feet of lots 1,2,3,5 and 6, block 2, Highover except the westerly 15
feet of lot 5, block 2, Highover, and
The rear 30 feet of lots 12, 13, and 14, block 4, Highover.
PEDESTRIAN TRAIL EASEMENT
INSTRUMENT made this day of , 1997, by and between
E. JEROME CARLSON and LINDA C. CARLSON fee owners, hereinafter referred
to as "Grantors ", and the CITY OF CHANHASSEN, a Minnesota municipal corporation
( "City ").
WITNESSETH:
The Grantors, in consideration of good and valuable consideration paid by the
City, the receipt and sufficiency of which is hereby acknowledged, grants unto the City a
permanent easement for the purposes set forth in this instrument, over, under, and across
the premises described in the attached Exhibit A ( "subject property ").
1. Grantors, their successors and assigns, agree that an easement for the purpose of
pedestrian use is created on the subject property. Such easement shall be granted to the
City of Chanhassen and the general public for pedestrian use only over that portion of the
property described in Exhibit A. The following are prohibited in perpetuity on the
subject property:
A. No horses, mountain bikes or motorized vehicles of any kind other than
those used for maintainance will be allowed at any time.
B. The easement does not imply access to anyone to any portion of those lots
encumbered by the easement not specifically described as the easement area on
Exhibit A.
The above named Grantors, for themselves, their successors and assigns do
covenant with the city, its successors and assigns, that they are well seized in fee title of
the above described easement premises; that they have the sole right to grant and convey
the easement to the City; that there are no unrecorded interests in the easement premises;
and that they will indemnify and hold the City harmless for any breach of the foregoing
covenants.
GRANTOR:
E. JEROME CARLSON
LINDA C. CARLSON
GRANTEE:
CITY OF CHANHASSEN
(SEAL) BY:
, Mayor
AND
, City Manager
STATE OF MINNESOTA )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 1997, by
day of
and
NOTARY PUBLIC
STATE OF MINNESOTA )
) SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 1997, by and
respectively the Mayor and 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
DRAFTED BY:
K -P Marketing, Inc.
12435 42nd Ave. N.
Plymouth, MN. 55441
Phone ( 612) 476 -5317
EXHIBIT A
The easterly 45 feet of Lots 1 and 6, Block 2, and the easterly 45 feet of Lot 1 and
Lots 13 through 20, Block 3, Highover. All lying in the County of Carver and State of
Minnesota.
DRIVEWAY EASEMENT
INSTRUMENT made this day of , 1997, by and between
E. JEROME CARLSON and LINDA CARLSON fee owners of Lots 3, 4 and 5,
block 2, Highover, lying in the County of Carver and State of Minnesota do hereby
create an easement for the benefit of the owners of Lot 3, block 2, Highover, over a
portion of Lot 4, Block 2 and Lot 5, Block 2, Highover as follows:
WITNESSETH:
The Grantors, in consideration of good and valuable consideration herby creates
and easement for driveway access to lot 3, block 2, Highover. Such easement grants unto
the owner of lot 3, block 2 a permanent easement for the purpose creating and
maintaining a driveway for access to and from such lot over that portion of Lot 4 and 5,
block 2, Highover described as follows:
The easterly 15 feet of Lot 4 and the westerly 15 feet of lot 5, block 2, Highover.
1. Such easement shall run with the land and the Grantors, their successors and assigns,
agree that the subject property shall be encumbered in perpetuity with such 30 wide
driveway easement.
2. The owner of lot 3, block 2 shall be responsible for all maintainance and snow
removal from such driveway and agrees to maintain the driveway in good condition so
that it will not create an unsightly appearance to the owners of lots 4 and 5, block 2,
Highover.
3. The above named Grantors, for theirselves, their successors and assigns do covenant
that they are well seized in fee title of the above described easement premises; that they
have the sole right to grant and convey such easement ; that there are no unrecorded
interests in the easement premises.
GRANTOR:
E. JEROME CARLSON
LINDA CARLSON
STATE OF MINNESOTA )
) SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
1997, by
and
NOTORARY PUBLIC
DRAFTED BY:
K -P Marketing, Inc.
12435 42nd ave N.
Plymouthl, MN. 55441
Phone ( 612) 476 -5317
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Sharmin Al -Jaff, Planner II
FROM: Dave Hempel, Assistant City Engineer
DATE: August 6, 1997
l
SUBJ: Review of Final Plat Documents for Highover - Project No. 97 -15
Upon review of the final plat documents prepared by Westwood Professional Services, Inc., I
offer the following comments and recommendations:
GRADING
The final grading plan has been prepared and submitted to staff for review. Based on our review
it appears grading has been minimized to the extent practical. During the final review staff was
concerned with a number of lots that were designated "custom ". A few of these lots require
extensive excavation or filling (earthwork) to develop the house pads and maintain the overall
neighborhood drainage pattern. In addition, most of these lots were void of any significant
vegetation. Staff is requiring that some of the "custom" graded lots which are not saving trees be
graded with the initial site grading. This will help minimize hauling of material in and out of the
site after the strees and homes are constructed. The lots designated for custom grading shall be
Lots 1, 2 and 6, Block 2, Lots 1, 5, 6, 7, 8, 9, 10, 12 and 17 -22, Block 3, Lots 4, 11 and 12,
Block 4. These lots will require individual grading, drainage, tree removal and erosion control
plans upon application for a building permit for City staff to review and approve.
Boulder retaining walls are proposed along Highover Drive on Block 2 to minimize grading and
tree loss. The walls are proposed to be constructed outside the City's proposed right -of -way.
The site grading will impact existing boulevard trees along Lake Lucy Road. These trees were
recently planted in conjunction with the Lake Lucy Road public improvement project and are still
under warranty. The plans propose to temporarily remove the trees until the site grading is
completed and then re -plant the trees. The developer should warranty the transplanted trees
along Lake Lucy Road for one full growing season after transplanting.
Highover Final Plat Review
August 6, 1997
Page 2
DRAINAGE
A storm water management plan has been prepared and submitted for staff review and City
Council approval. Staff has reviewed the storm water plan and finds the plans overall acceptable.
Storm water runoff from the site will be conveyed via storm sewer pipes to two different ponding
areas for pretreatment and storage prior to discharging downstream into adjacent wetlands. The
southerly pond in Outlot B is designated as a temporary storm water pond. This pond will
function as a permanent ponding basin until downstream regional storm water ponds are
constructed with future development. Once the downstream regional storm water pond is
constructed the temporary pond may be removed. The applicant will receive no SW credits
for the temporary storm water pond except for the outlet control structure.
A drain tile system is proposed behind the curbs in the streets to address sump pump discharge
from those lots which are not adjacent to a wetland or storm water pond. Storm water ponds
have been designed with 4:1 or less slopes consistent with City policy.
UTILITIES
Detailed construction plans and specifications have been submitted to the City for review and
approval. Staff has reviewed the plans and specifications and found them acceptable with a few
minor changes. The final plans and specifications are available for review in the Engineering
Department. The site has an existing structure that is proposed to be razed in conjunction with
site grading. The existing well and septic system will need to be abandoned per City and State of
Minnesota Health codes within 30 days after recording of the plat.
Municipal utility service is available to most of the site. Due to elevation constraints, sanitary
sewer service to Lots 27 and 28, Block 3 and Lots 1 through 3, Block 4 will require construction
of a temporary lift station at the end of Highover Drive. This area is designated to be serviced by
sanitary sewer from a future trunk sewer line from the south. Currently, the trunk sewer line is
approximately 1400 feet away. Staff believes that development in the area will extend this line
within the next 5 to 7 years. Without the temporary lift station, these 5 lots would be considered
premature for development. The developer is proposing to plat these lots and not build on the
lots until future trunk sanitary sewer is extended to service these lots or construction of a
temporary lift station. The City, as a rule, does not allow for temporary lift stations unless the
area will serviced by a gravity sewer system in the near future and if the developer agrees to
maintain the temporary lift station and is responsible for its abandonment and removal in the
future. Staff has placed a condition in the development contract that Lots 27 and 28, Block 3 and
Lots 1 -3, Block 4 are not buildable until the lift station at the end of Highover Drive is completed
and approved by the City or the lots are served by a gravity sewer system.
According to a well field study conducted on behalf of the City, this area has a potential for a
future well site. The City will be conducting test drilling to determine its potential. It may be
Highover Final Plat Review
August 6, 1997
Page 3
possible that one of the 5 lots which will be serviced by a temporary lift station may be purchased
by the City for the well site.
The City's Comprehensive Water Plan proposes a 12 -inch trunk water line along the east side of
Trunk Highway 41 south of Lake Lucy Road. Instead of having two water lines essentially
paralleling one another, staff has had discussions with the developer to incorporate the 12 -inch
trunk water line through the proposed development along Highover Drive. This way the water
line will serve a dual purpose both as a lateral water service to the development and a trunk water
system for the City. The developer would be entitled to credits for the cost difference between an
8 -inch and a 12 -inch water line. The credits would be applied to utility hookup charges on those
lots within the subdivision at time of building permit issuance.
In an effort to improve both water quality and water pressure within the developments of
Highover and The Woods at Longacres, a water line from Highover Court south will be extended
along the common lot line of Lots 19 and 20, Block 3 for future connection with the Lundgren
subdivision, The Woods at Longacres. The preliminary plans for The Woods at Longacres
propose this extension from their cul -de -sac as well. This development is proposed later this fall.
EROSION CONTROL
Erosion control measures have been incorporated throughout the plat. Staff has recommended
that Type III erosion control fence be installed adjacent to the wetlands and steep slope areas.
Additional erosion control fence may be required behind the curbs after installation of the streets.
STREETS
Street grades range from 0.80% to 8.9% which exceeds the City's design criteria. However, given the
topographic relief on the site, staff believes it is reasonable to allow a variance on the street grades in an
effort to minimize grading and tree removal.
The street width is proposed at 31 feet back -to -back of curb which meets the City's street standard
section. The plans also propose a 5 -foot wide concrete sidewalk along Highover Drive and Trail and
an 8 -foot wide turf trail along the easterly property line of the subdivision. A crosswalk is proposed at
the intersection of Lake Lucy Road and Highover Drive to access the 8 -foot wide bituminous trail
along the north side of Lake Lucy Road. The developer's engineer and staff has reviewed the sight
lines of this intersection and believes it will not impose a safety problem for vehicular or pedestrian
traffic movements.
Street signs throughout the development will be provided and installed by the City. The developer will
be responsible for the cost of the signs. Street lights will also be installed by NSP.
Access to the development will be restricted to Lake Lucy Road. No direct access will be permitted
from Trunk Highway 41. Driveway access to Lot 3, Block 2 is proposed through Lots 4 and 5, Block
Highover Final Plat Review
August 6, 1997
Page 4
2 along the common lot line in an effort to negotiate grade and minimize tree loss. Cross - access
driveway easements will be necessary to preserve ingress and egress rights to the property.
Lots 1, 2 and 3, Block 1 are adjacent to Lake Lucy Road which is listed as a collector on the City's
Comprehensive Plan. The plans propose an "eyebrow" to serve these three lots which is an efficient
manner and safer way to access these lots rather than directly off of Lake Lucy Road. A no parking
zone has been designated along Lake Lucy Road. In the eyebrow, however, parking may be permitted.
Access to Lots 1 through 3, Block 1 shall be restricted to the eyebrow area of Lake Lucy Road.
MISCELLANEOUS
Drainage and utility easements will be required over public improvements outside of the street right -of-
way. A 30 -foot wide drainage and utility easement needs to be dedicated on the final plat along the
common lot line of Lots 1 and 2, Block 3, Lots 12 and 13, Block 3 and Lots 15 and 16, Block 4.
Drainage and utility easements are being dedicated on the final plat over all wetlands and storm water
ponds up to a 100 -year storm event.
RECOMMENDED CONDITIONS OF APPROVAL
1. The lots designated for custom grading shall be Lots 1, 2 and 6, Block 2, Lots 1, 5, 6, 7, 8, 9,
10, 12 and 17 -22, Block 3, Lots 4, 11 and 12, Block 4. These lots will require individual
grading, drainage, tree removal and erosion control plans upon application for a building
permit for City staff to review and approve.
2. The developer shall warranty the transplanted trees along Lake Lucy Road for one full
growing season after transplanting.
3. Lots 27 and 28, Block 3 and Lots 1 -3, Block 4 are not buildable until the lift station at the end
of Highover Drive is completed and approved by the City or the lots are served by a gravity
sewer system.
4. Type III erosion control fence be installed adjacent to the wetlands and steep slope areas.
Additional erosion control fence may be required behind the curbs after installation of the
streets.
5. A 30 -foot wide drainage and utility easement needs to be dedicated on the final plat along the
common lot line of Lots 1 and 2, Block 3, Lots 12 and 13, Block 3 and Lots 15 and 16, Block 4.
g:\eng\projectsViighover\final plat review.doc
CITY OF - ------------
b
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Charles Folch, Director of Public Works
FROM: Dave Hempel, Assistant City Engineer
DATE: August 6, 1997
OFFICIAL ENGN G
Received
Revision No.
Approved by CRy Engineer
Date �LZ
Apmoved by City Ccoinci!
Date _
SUBJ: Approve Development Contract and Construction Plans and Specifications for
Highover - Project No. 97 -15
The attached development contract incorporates the conditions of approval from the final platting
and construction plans and specifications review process. Staff has calculated the required
financial security to guarantee compliance with the terms of the development contract at
$1,373,800.00 and the development contract administration fees total $150,206.50 which includes
1/3 of the required Park and Trail fees and SWMP fees.
The applicant has also submitted detailed construction plans and specifications for staff review
and City Council approval. Staff has reviewed the construction plans and specifications and finds
the plans and specifications in general conformance to the City standards. It is therefore
recommended that the construction plans and specifications for Highover dated July 14, 1997,
August 11, 1997, prepared by Westwood Professional Services, Inc. and the development
contract dated
August 11, 1997 be approved conditioned upon the following:
1. The applicant enter into the development contract and supply the City with a cash escrow
or letter of credit in the amount of $1,373,800.00 and pay an administration fee of
$150,206.50.
Attachments: 1. Development contract dated August 11, 1997.
2. Construction plans and specifications are available for review in the
Action by c!ty pdg,l;},ctf�r.
Engineering Department. V/ PWA
3. Breakdown of administration fees dated August 5, 1997. [ndors^d— —
c: Jerome Carlson, Developer
\\c fs l\ vol2\eng \dave\cc\highover.dc.doc
Date ; s;' :.': ' to C�x�oe i1
CITY OF CHANHASSEN
HIGHOVER
PROJECT NO. 97-15
BREAKDOWN OF ADMINISTRATION FEES
8/5/97
Estimated Total Cost of Public Improvements ............................... ............................... $1,128,900.00*
- 2.5 %n of public Improvement Costs (Up To $1,000,000) $ 25,000.00
............... ...............................
- 1.5% of Public Improvement Costs (Over $1, 000, 000) .................. ............................... $ 1,933.50
- Street Lighting Charge (for electricity) 1,800.00
9 Lights @ $200.00 ............................................................. ............................... $
- Final Plat Process (Attorney Fee for Review and Recording of Plat 400.00
and Development Contract) .................................................. ............................... $
- Recording Fees 30.00
a. Development Contract ..................................................... ............................... $
b. Plat Film " " " "'
..
g............................................................ .............. $ 30.00
c. Trail Easement ........................................ .. ............. ............................... $ 30.00
............................. 30.00
d. Cross Access Easement ................................................... ............................... $
e. Tree Preservation Easement ............................................. ............................... $ 30.00
- (1/3) Park Fees $ 21,600.00
54 Units @ $1,200.00 = 64,800/3 ...................................... ...............................
- (1/3) Trail Fees 7,200.00
54 Units @ $400.00 = 21,600/3 ........................................................ """""" $ '
Surface Water Management Fees $ 92,123.00
................................................... ...............................
TOTAL ADMINISTRATION FEES ........................................... ...............................
*This figure does not include landscaping or oversizing of the watermain.
c: Todd Hoffman, Park & Recreation Director
\`cfs 1 \vol2\eng\dc\,highovu.fee.dm
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
HIGHOVER
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
GENERAL CONDITIONS
PAGE
SPECIAL PROVISIONS
RIGHT TO PROCEED ............ ...........................
1.
2.
3.
4.
5.
6 .
7.
8.
9.
REQUEST FOR PLAT APPROVAL ... ...........................SP
CONDITIONS OF PLAT APPROVAL . ...........................SP
DEVELOPMENT PLANS ........... ...........................SP
IMPROVEMENTS ................ ...........................SP
TIME OF PERFORMANCE ......... ...........................SP
SECURITY .................... ...........................SP
NOTICES .............. ..................................
OTHER SPECIAL CONDITIONS .... ...........................SP
GENERAL CONDITIONS .......... ...........................
-1
-1
-1
-2
-2
-2
SP -3
-3
-6
GENERAL CONDITIONS
-1
1.
RIGHT TO PROCEED ............ ...........................
GC -1
2.
PHASE DEVELOPMENT ............ ..........................
-1
3.
EFFECT OF SUBDIVISION APPROVAL .........................GC
4.
IMPROVEMENTS ................ ...........................GC
-1
-2
5.
IRON MONUMENTS .............. ...........................GC
-2
6 .
LICENSE ... ...............................
CONTROL .................GC
............GC
-2
7.
7A.
SITE EROSION ..
EROSION CONTROL DURING CONSTRUCTION OF A
DWELLING OR OTHER
GC -3
BUILDING ..........
GC -3
8.
CLEAN UP ..... ................... .......................
-3
9.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS
...............GC
GC -3
10 .
CLAIMS ................. ................................
-3
11.
PARK AND TRAIL DEDICATION ... ...........................GC
-3
12.
LANDSCAPING ................. ...........................GC
-4
13.
WARRANTY .................... ...........................GC
-4
14.
LOT PLANS ................... ...........................GC
-5
15.
EXISTING ASSESSMENTS ........ ...........................GC
-5
16.
STREET LIGHTING ............. ...........................GC
-5
17 .
SIGNAGE ..................... ...........................GC
...........................
-5
18.
HOUSE PADS ..................
-5
19.
RESPONSIBILITY FOR COSTS .... ...........................G
20.
DEVELOPER'S DEFAULT ......... ...........................
-6
21.
MISCELLANEOUS
-7
A. Construction Trailers .........................
....GC
B. Postal Service ......... ...........................
-7
C. Third Parties .......... ...........................
-7
D. Breach of Contract ..... ...........................GC
-7
E. Severability ........... ...........................GC
-7
-7
F. Building Permits ....... ...........................GC
G. Waivers /Amendments ..... ...........................GC
-7
-7
H. Release ................ ...........................
-7
I. Insurance .............. ...........................
-8
J. Remedies ............... ...........................
K. Assignability .......... ...........................
-8
-8
L. Construction Hours ..... ...........................GC
i
M. Access ................. ...........................GC -8
N. Street Maintenance ..... ...........................GC -8
O. Storm Sewer Maintenance ...........................GC -9
P. Soil Treatment Systems . ...........................GC -9
Q. Variances ............. . .................. ......... GC -9
R. Compliance with Laws, Ordinances, and Regulations GC -9
S. Proof of Title ......... ...........................GC -9
T. Soil Conditions ........ ...........................GC -9
U. Soil Correction ........ ..........................GC -10
V. Haul Routes ......... ............................... GC -11
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
HIGHOVER
SPECIAL PROVISIONS
AGREEMENT dated August 11, 1997, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and, E.
JEROME CARLSON AND LINDA CARLSON, HUSBAND AND WIFE (the
"Developer ") .
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for HIGHOVER (referred to in this Contract
as the "plat "). The land 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. Development Plans. The plat shall be developed in
accordance with the following 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 August 11, 1997, prepared by
Westwood Professional Services, Inc..
Plan B: Grading, Drainage and Erosion Control Plan dated July
14, 1997, revised August 11, 1997, prepared by Westwood
Professional Services, Inc..
Plan C: Plans and Specifications for Improvements dated July 14,
1997, revised August 11, 1997, prepared by Westwood
Professional Services, Inc..
Plan D: Landscape plan dated July 25, 1997, prepared by Westwood
Professional Services, Inc.
Revised 3/2/94
SP -1
4. Improvements. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets and Sidewalk
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading and Erosion Control
I. Underground Utilities (e.g. gas, electric, telephone,
CATV )
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Wetland Monumentation
M. Trails
N. Landscaping
5. 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.
6. Security. To guarantee compliance with the terms of
this Contract, payment of special assessments, payment of the costs
of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ( "security ") for
$1,373,800.00. The amount of the security was calculated as 110%
of the following:
Site Grading ..... ............................... $ 267,500.00
Sanitary Sewer ... ............................... $ 193,000.00
Watermain ........ ............................... $ 142,000.00
Storm Sewer, Drainage System,
including cleaning and maintenance .............. $ 130,000.00
Streets .......... ............................... $ 333,000.00
Street lights and signs ......................... $ 3,500.00
Erosion control and site restoration............ $ 37,900.00
SP -2
Engineering, surveying, and inspection.......... $ 70,000.00
Landscaping ...... ............................... $ 72,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS ............... $ 1,248,900.00
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
November 15, 1998. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public 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 10% of
the original amount until all improvements are complete and
accepted by the City.
7. 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:
E. Jerome & Linda Carlson
6950 Galpin Boulevard
Chanhassen, MN 55317
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, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
8. Other Special Conditions.
A. Tree preservation easements will be established on
the following lots: Lots 1 - 3, 5, 6, Block 2, and lots 21, 22,
Block 3. The easement will be parallel to the rear property line
and be 40 feet wide with the exception of Lots 5 and 6, Block 2,
where the easement will be 30 feet. Penalty for encroachment into
preservation easement is replacement plantings at a rate of 2 to
1 diameter inch. During construction, tree removal limits on all
custom graded lots shall be limited to 20 feet from the house
foundation. Penalty for encroachment into tree removal limits is
replacement plantings at a rate of 2 to 1 diameter inch. A tree
protection fence shall be placed along the edge of the grading
SP -3
limits prior to grading. The applicant shall provide the City with
a legal description of the preservation easement.
B. Building Department conditions:
1. Obtain demolition permits. This should be
done prior to any grading on the property.
C. Fire Marshal conditions:
1. A 10 foot 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.
2. No burning permits for trees will be issued.
Any downed trees will have to be chipped on site, or hauled off
site.
D. Park and Recreation conditions:
1. Payment of full park and trail fees in lieu of
parkland dedication or trail construction. One third of the fees
shall be paid prior to recording of the plat. The remaining two
thirds shall be paid at the time of building permit as identified
by city ordinance.
E. Lots 15, 16, and 17, Block 4, shall maintain a 20
foot front yard setback.
F. All areas disturbed as a result of construction
activities shall be immediately restored with seed and disc - mulched
or wood -fiber blanket or sod within two weeks of completion of each
activity in accordance with the City's Best Management Practice
Handbook.
G. The proposed single family residential development
of 38.85 net developable acres is responsible for a water quality
connection charge of $31,080 and a water quantity fee of $76,923.
The applicant will receive credit for providing NURP treatment to
14.85 acres or $11,880. The applicant will also receive $4,000
credit for installing 2 outlet control structures. Therefore the
final SWMP fee for this development is $92,123. These fees are
payable to the City prior to the City filing the final plat.
H. As -built construction drawings will be required
upon completion of the utility and street improvements.
SP -4
I. The lots designated for custom grading shall be
Lots 1, 2 and 6, Block 2, Lots 1, 5, 6, 7, 8, 9, 10, 12 and 17-
22, Block 3, Lots 4, 11 and 12, Block 4. These lots will require
individual grading, drainage, tree removal and erosion control
plans upon application for a building permit for City staff to
review and approve.
J. Cross - access driveway easements 30 feet in width
shall be provided for Lot 3, Block 2 across Lot 4, Block 2 and Lot
5, Block 2.
K. The existing well and septic system will need to be
abandoned per City and State of Minnesota Health codes.
L. Parking shall be prohibited on Highover Court North
and South adjacent to the landscaped cul -de -sac islands. The City
shall sign these streets accordingly.
M. The developer may plat Lots 1 through 3, Block 4
and Lots 27 and 28, Block 3 contingent upon the developer
installing and maintaining a temporary lift station at the end of
Highover Drive. The developer shall also be responsible for the
abandonment and removal of the lift station with the extension of
service of gravity sanitary sewer for these lots or the developer
may plat these 5 lots as an outlot until future sewer service is
available.
N. The developer shall install a 12 -inch watermain
along Highover Drive. The developer will be entitled to credits
against their utility hookup charges for the cost difference
between a 8 inch and 12 -inch watermain at the time of building
permit issuance.
O. Temporary cul -de -sacs are proposed at the ends of
Highover Drive and Highover Trail. Traffic barricades are also
being installed with a sign indicating "This street shall be
extended in the future." A condition will also be placed in the
development contract to notify future property owners of the street
extension.
P. The driveway accesses to Lots 1, 2 and 3, Block 1
shall be restricted to the eyebrow area of Lake Lucy Road. Direct
access onto Trunk Highway 41 shall be prohibited from all lots in
the subdivision. The existing driveway access from Trunk Highway
41 shall be eliminated in conjunction with site grading.
Q. The developer shall enter into a development
contract with the City and provide a financial security in the form
SP -5
of a letter of credit or cash escrow to guarantee with the terms of
final plat approval.
R. A 30 -foot wide drainage and utility easement needs
to be dedicated on the final plat along the common lot line of Lots
1 and 2, Block 3, Lots 12 and 13, Block 3 and Lots 15 and 16, Block
4.
S. All existing structures (House and Stable) shall be
removed prior to recording of the plat.
T. The City shall assume the right to develop a turf
trail within the NSP easement in the future and incorporate it
within the trail Comprehensive Plan.
U. The developer shall warranty the transplanted
trees along Lake Lucy Road for one full growing season after
transplanting.
V. Lots 27 and 28, Block 3 and Lots 1 -3, Block 4 are
not buildable until the lift station at the end of Highover Drive
is completed and approved by the City or the lots are served by a
gravity sewer system.
W. Type III erosion control fence be installed
adjacent to the wetlands and steep slope areas. Additional
erosion control fence may be required behind the curbs after
installation of the streets.
9. 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.
SP -6
CITY OF CHANHASSEN
IWA
Nancy K. Mancino, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPER:
W'
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
E. Jerome Carlson
Linda Carlson
The foregoing instrument was acknowledged before me this
day of , 1997, 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 CARVER )
The foregoing instrument was acknowledged before me this
day of , 1997, by E. Jerome Carlson and Linda
Carlson, husband and wife.
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
SP -7
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the Northeast Quarter of the Southeast Quarter of section 4,
Township 116, Range 23, Carver County, Minnesota, described as follows:
Commencing at the Northeast corner of said Northeast Quarter of the Southeast
Quarter; thence South 01 degrees 03 minutes 05 seconds East, assumed bearing,
along the East line of said Northeast Quarter of the Southeast Quarter a distance
of 524.15 feet to the point of beginning of the land to be described; thence
North 89 degrees 01 minutes 05 seconds West, a distance of 377.21 feet to a line
hereinafter referred to as Line A; thence Southwesterly along said Line A a
distance of 896.18 feet to the South line of said Northeast Quarter of the
Southeast Quarter; thence Easterly along said South line to the Southeast corner
of said Northeast Quarter of the Southeast Quarter; thence Northerly along said
East line to the point of beginning.
Line A is described as follows:
Beginning at a point on the South line of said Northeast Quarter of the Southeast
Quarter distance 695.37 feet Westerly from the Southeast corner of said Northeast
Quarter of the Southeast Quarter; thence Northeasterly a distance of 2064.94
feet, to a point on the East line of said Southeast Quarter of the Northeast
Quarter distant 587.25 feet Northerly from the Southeast corner of said Southeast
quarter of the Northeast Quarter and said line there terminating, according to
the United States Government Survey thereof and situate in Carver County,
Minnesota.
All that part of the North Twenty -Four acres of the Southeast Quarter of the
Southeast Quarter of Section 4, Township 116, Range 23 lying East of the East
right of way line of the present State Highway No. 41, according to the United
States Government Survey thereof and situate in Carver County, Minnesota.
That part of the South 526.49 feet of the Southeast Quarter of the Southeast
Quarter of Section 4, Township 116 North, Range 23 West of the 5th Principal
Meridian, which lies Easterly of the centerline of State Highway No. 41,
according to the United States Government Survey thereof and situate in Carver
County, Minnesota.
Lots 2 and 3, Block 1, WIRTZ ADDITION, according to the recorded plat thereof,
and situate in Carver County, Minnesota.
;
Engineering, surveying, and inspection.......... $ 70,000.00
Landscaping ...... ............................... $ 72,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS ............... $ 1,248,900.00
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
November 15, 1998. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public 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.
7. 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:
E. Jerome & Linda Carlson
6950 Galpin Boulevard
Chanhassen, MN 55317
Notices to the City shall be in writing and shall be either han
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, 690 Coulter Drive, P.O. Box 147, Chanhassen,
Minnesota 55317, Telephone (612) 937 -1900.
8. Other Special Conditions.
A. Tree preservation easements will be established on
the following lots: Lots 1 - 3, 5, 6, Block 2, and lots 21, 22,
Block 3. The easement will be parallel to the rear property line
and be 40 feet wide with the exception of Lots 5 and 6, Block 2,
where the easement will be 30 feet. Penalty for encroachment into
preservation easement is replacement plantings at a rate of 2 to
1 diameter inch. During construction, tree removal limits on all
custom graded lots shall be limited to 20 feet from the house
foundation. Penalty for encroachment into tree removal limits is
replacement plantings at a rate of 2 to 1 diameter inch. A tree
protection fence shall be placed along the edge of the grading
SP -3
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
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expense, have one or more construction inspectors and a soil
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 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
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proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless 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 § 20 -94.
8. 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 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 1250
of the claim(s) and deposit the funds in compliance with the Rule,
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and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
11. Park 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 and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One -third (1/3) of the park and 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 shall be installed 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 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.
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13. Warranty. The Developer warrants all work required to
be performed by it against poor 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.
16. Street Lighting. The Developer shall have installed and
pay for street lights in accordance with City standards. A plan
shall be submitted for the City Engineer's approval prior to the
installation. Before the City signs the final plat, the Developer
shall pay the City a fee of $200.00 for each street light installed
in the plat. The fee shall be used by the City for furnishing
electricity for each light for twenty (20) months.
17. Signage. All street name, traffic signs, and wetland
monumentation required by the City as a part of the public
improvements shall be furnished and installed by the City at the
sole expense of the Developer.
18. House Pads. The Developer shall promptly furnish the
City "as- built" plans indicating the amount, type and limits of
fill on any house pad location.
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
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resident construction inspections. The fee shall be shall be
calculated as follows:
i) if the cost of the construction of public
improvements is less than $500,000, three
percent (3 %) of construction costs;
if the cost of the construction of public
improvements 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 public
improvements is over $1,000,000, two and
one -half percent (2Y22 %) 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 out -of- pocket costs 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. 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 costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted
to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid
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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 four (4) days in advance. This Contract is
a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
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.
C. Third Parties Third parties shall have no recourse
against the City under this Contract. The City is not a guarantor
of the Developers obligations under this Contract. The City shall
have no responsibility or liability to lot purchasers or others for
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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 not be
issued in the plat until 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. 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 public
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
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
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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
Second violation
Third & subsequent violations
M. Noise Amplification
loudspeakers, bullhorns, intercoms,
prohibited in conjunction with the
buildings, and the improvements required
administrative penalty for violation o
also apply to violation of the provision
$ 500.00
$ 1,000.00
All site development and
construction must cease
for seven (7) calendar days
The use of outdoor
and similar devices is
construction of homes,
under this contract. The
f construction hours shall
s in this paragraph.
N. Access All access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
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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. 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. 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;
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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.
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
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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.
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