1b. Approve PUD/Development Contract and Plans & Specificatons for Villages on the Ponds, Phase I, St. Hubert ChurchCITY OF i
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Action by City AdM161 N 0
I
MEMORANDUM
TO: Charles Folch, Director of Public Works
FROM: Dave Hempel, Assistant City Engineer
DATE: September 18, 1996
Endome d H =-L
Modifia i
UP
Date Submitted to Commissioq
_ q_p_e? c-,-
Date Submitted to Council
u ?'=� F 6
' SUBJ: Approve PUD/Development Contract and Construction Plans and Specifications
for Villages on the Ponds Phase I - Project No. 96 -13
' The attached PUD /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
$1,076,000 and the development contract administration fees total $101,905 which includes
SWMP fees and 1/3 of the required Park and Trail 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 specifications in general conformance to the City standards; however, the construction plans
still need some minor modifications. The plans were recently returned for modifications. Staff
requests that the City Council grant staff the flexibility to administratively approve the plans after
working with the applicant's engineer in modifying the plans accordingly to meet City standards.
It is therefore recommended that the construction plans and specifications for Villages on the
Ponds Phase I dated September 16, 1996 prepared by BRW, Inc. and the PUD /development
' contract dated September 23, 1996 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 $1,076,000 and pay an administration fee of $101,905.
' 2. The applicant's engineer shall work with City staff in revising the construction plans to
meet City standards.
Attachments: 1. PUD /development contract dated September 23, 1996.
2. Construction plans and specifications are available
for review in the Engineering Department.
' 3. Breakdown of administration fees dated September 19, 1996.
c: Vernelle Clayton, Lotus Realty
g:�eag�1"jwts \villages\apMve &.dm
CITY OF CHANHASSEN
VILLAGES ON THE POND PHASE I
PROJECT NO. % -13
BREAKDOWN OF ADMINISTRATION FEES - 9/19/96
Estimated Total Cost of Public Improvements .................................... ............................... $964,145.00*
- 2% of Public Improvement Costs (Over $500, 000) .......................... ............................... $ 9,283.00
- 3% of Public Improvement Costs (Under $500, 000) ........................ ............................... $ 10,000.00
- Final Plat Process (Attorney Fee Escrow for Review and Recording of Plat
andDevelopment Contract) .................................................... ............................... $ 450.00
- Recording Fees
a. Development Contract ....................................................... ............................... $ 30.00
b. Plat Filing ........................................................................... ............................... $ 30.00
- One -third Park and Trail Fees (10.1 acres x $6,000 /acre + 3) ......... ............................... $ 20,200.00
- SAW Fees (water quantity) ........................................................... ............................... $ 61,912.00
TOTAL ADMINISTRATION FEES ........................................... ............................... 0 101.905.00
*This figure does not include landscaping costs.
8 )eng'mkwiut«.ra.aoc
I
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1 CITY OF CHANHASSEN
' CARVER AND HENNEPIN COUNTIES, MINNESOTA
1 VILLAGES ON THE PONDS
1 PHASE I
1 PUD /DEVELOPMENT CONTRACT
1 (Developer Installed Improvements)
1
1
1
1
1
1
1
1
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE '
1.
REQUEST FOR PLAT APPROVAL
2.
... ...........................SP
CONDITIONS OF PLAT APPROVAL
-1
3 .
. ...........................SP
ZONING
-1
...................... ...........................SP
-1
4.
DEVELOPMENT PLANS
5.
........... ...........................SP
-1
IMPROVEMENTS ................
-2
6.
...........................SP
TIME OF PERFORMANCE .........
-2
7.
...........................SP
SECURITY
.................... ...........................SP
-2
8.
NOTICES
-3
..................... ...........................SP
9.
OTHER SPECIAL CONDITIONS .... ...........................SP
-3
10.
GENERAL CONDITIONS .......... ..........................SP -10
GENERAL CONDITIONS
1. RIGHT TO PROCEED ............ ...........................GC -1
2. PHASE DEVELOPMENT ........... ...........................GC -1
3. EFFECT OF SUBDIVISION APPROVAL .........................GC -1
4. IMPROVEMENTS ................ ...........................GC -1
5. IRON MONUMENTS .............. ...........................GC -2
6. LICENSE ..................... ...........................GC -2
7. SITE EROSION CONTROL ........ ...........................GC -2
7A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING.................... ...........................GC -3
8. CLEAN UP ................. .............................. GC -3
9. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ...............GC -3
10. CLAIMS ...................... ...........................GC -3
11. PARK AND TRAIL DEDICATION ... ...........................GC -4
12. LANDSCAPING ................. ...........................GC -4
13. WARRANTY .................... ...........................GC -4
14. LOT PLANS ................... ...........................GC -5
15. EXISTING ASSESSMENTS ........ ...........................GC -5
16. STREET LIGHTING ............. ...........................GC -5
17. SIGNAGE ..................... ...........................GC -5
18. HOUSE PADS .................. ...........................GC -5
19. RESPONSIBILITY FOR COSTS .... ...........................GC -5
20. DEVELOPER'S DEFAULT ......... ...........................GC -7
21. MISCELLANEOUS
A. Construction Trailers .. ...........................GC -7
B. Postal Service ......... ...........................GC -7
C. Third Parties .......... ...........................GC -7
D. Breach of Contract ..... ...........................GC -7
E. Severability ........... ...........................GC -7
F. Building Permits ............ ...................... GC -7
G. Waivers /Amendments ..... ...........................GC -7
H. Release ................ ...........................GC -8
I. Insurance .............. ...........................GC -8
i
1
ii
J .
Remedies ............... ...........................GC
-8
K.
Assignability .......... ...........................GC
-8
'
'
'
L.
M.
N.
O.
P.
Q.
R.
S.
T.
u.
Construction Hours .....
Access ...................
Street Maintenance ........................
Storm Sewer Maintenance ... . ................
Soil Treatment Systems ............................
Variances ... ............
Compliance with Laws, Ordinances,
Proof of Title .......... .................
Soil Conditions
Soil Correction . ..... . .......................
.GC
........GC
.GC
.......GC
GC-9
.............GC -10
and Regulations GC -10
....... GC -10
... ......GC -10
. ... GC -10
-8
-9
-9
-9
1
ii
CITY OF CHANHASSEN
PUD /DEVELOPMENT CONTRACT
(Developer Installed Improvements)
VILLAGES ON THE PONDS - PHASE I
SPECIAL PROVISIONS
AGREEMENT dated September 23, 1996, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City "), and
JOHN H. WARD and DONNA M. WARD, husband and wife (the "Developer ").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for VILLAGES ON THE PONDS (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. Zoning. The plan is being rezoned to Planned Unit
Development (PUD). Except as specifically modified herein, the
uses, requirements, and standards of the R -12 zoning district, high
density residential, as may be amended, shall apply to the
property.
4. Development Plana. 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 prepared by BRW, Inc.
and approved by the
Chanhassen City Council on September 23, 1996.
Plan
B:
Grading, Drainage and Erosion
Control Plan dated
September 16, 1996, prepared by BRW, Inc.
Plan
C:
Plans and Specifications for
Improvements dated
September 16, 1996 prepared by BRW,
Inc.
Plan
D:
Landscape Plan dated June 19, 1996
prepared by BRW, Inc.
Revised
3/22/94
SP -1
5. Improvements. The Developer shall install and pay for
the following:
' A. Sanitary Sewer System
B. Water System
' C. Storm Water Drainage System
D. Streets /Trails /Sidewalks
E. Concrete Curb and Gutter
F. Street Signs
' G. Street Lights
H. Site Grading
I. Underground Utilities (e.g. gas, electric, telephone,CATV)
' J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping /Site Restoration
' M. Wetland Monumentation /Restoration
6. Time of Performance. The Developer shall install all
' required improvements by November 15, 1998. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
' security posted by the Developer to reflect cost increases and the
extended completion date.
' 7. Security. To guarantee compliance with the terms of
this Contract, 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
$1,076,000.00. The amount of the security was calculated as 1100
of the following:
Site Grading ...... ............................... $ 704,345
Sanitary sewer (Public Portion) .................. $ 86,400
Watermain (Public Portion) ....................... $ 60,600
' Storm Sewer, Drainage System, including
cleaning and maintenance ......................... $ 6,300
' Street signs ...... ............................... $ 1,000
Erosion control ... ............................... $ 67,000
' Engineering, surveying, and inspection........... $ 38,000
' Landscaping (Phase I) ............................ $ 14,250
Wetland Monuments . ............................... $ 500
' SP -2
TOTAL COST OF PUBLIC IMPROVEMENTS ................ $ 978.395
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1998. The City may draw down the security, 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.
8. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
John and Donna Ward
c/o Lotus Realty Services
551 West 78 Street
P.O. Box 235
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.
9. Other Special Conditions.
1. The applicant will be required to provide 334 trees as
reforestation plantings. Trees are to be from the city's
Approved Tree List.
2. All future site plans for the Villages on the Pond
development will use the conceptual landscaping plan as a
guide for numbers of placement of landscape plants including
trees and shrubs. No individual uses will be allowed to
provide less landscaping for the site than what has been
included on the master landscaping plan.
3. Landscaped walkway shall be provided between individual sites '
to allow for greater pedestrian accessibility and continuity
SP -3 '
' • Incorporate fencing with the construction of the 12 -foot high
retaining wall on Lot 10, Block 1.
' • Rerouting of Riley Creek shall be developed and approved by
the DNR.
' • All NURP basins shall be constructed with either 3:1 side
slopes with a 10:1 bench at the normal water level for the
first 1 -foot of depth or 4:1 side slopes overall.
• No berming allowed in any public right-of-way.
SP -4
of landscaping.
4.
The development shall comply with the development design
'
standards included in the staff report and incorporated
herein by reference (Exhibit C of the Development Contract).
'
5.
Grading shall be prohibited in the area between the bluff
areas adjacent to Lake Susan.
'
6.
Turning radiuses of fire apparatus access roads shall be
for and
submitted to City Engineer and Fire Marshal review
approval.
1
7.
Fire lanes will be marked with the appropriate street signage
and yellow curbing. Fire Marshal will determine fire lanes
upon review of plans and final access routes and at that
curbing.
point determine exact placement of signs and yellow
8.
The road or driveway access directly east of the existing
Lake Drive must have a street name. The street name must be
submitted to the Fire Marshal for review and approval.
9.
Premises identification will be reviewed as specific
Fire
buildings are being proposed. Chanhassen
Department /Fire Prevention Policy # 29 -1992 will be used as
basic criteria for numbering the buildings. Due to the
'
complexity of this project, numbering on more than one side
will be necessary as well as additional monument or
directional signage.
10.
Final grading plan shall incorporate the following changes:
•
Relocate NURP Basin No. 3 easterly outside of future Trunk
Highway 101 right -of -way. Consider consolidation of NURP
Basin No. 3 with NURP Basin No. 4 and oversize NURP Basin No.
4 to accommodate future stormwater runoff south of the
development.
' • Incorporate fencing with the construction of the 12 -foot high
retaining wall on Lot 10, Block 1.
' • Rerouting of Riley Creek shall be developed and approved by
the DNR.
' • All NURP basins shall be constructed with either 3:1 side
slopes with a 10:1 bench at the normal water level for the
first 1 -foot of depth or 4:1 side slopes overall.
• No berming allowed in any public right-of-way.
SP -4
11. The lowest floor elevation of buildings adjacent to ponds and
wetland shall be a minimum of 2 feet above the 100 -year high
water level. _
12. The applicant shall assume maintenance and ownership of the
stormwater ponding facilities and wetlands except for NURP
ponds number 4 and 7. The appropriate drainage and utility
easements shall be dedicated on the final plat over ponding
areas and wetlands. The easements shall encompass the storm
ponds and wetlands up to the 100 -year flood level. Storm
sewer facilities which lie outside of public right -of -way
shall be privately owned and maintained by the applicant or
its successors. If the applicant fails to adequately
maintain the storm drainage system, i.e., pipes and ponds,
the City may contract the work to be done and assess the
development accordingly.
13. All sanitary sewer and water lines with the exception of the
individual building services shall be owned and maintained by
the City upon completion. As -built construction plans will
be required before the City accepts the utilities.
14. The existing house on Lot 1, Block 2, preliminary plat,
shall be razed within 30 days after the lot is final platted.
The appropriate demolition permits will be required through
the City's Building Department. Existing wells and /septic
systems on the site shall be abandoned per State health codes
and City ordinance.
15. All access points on to Trunk Highway 101 are subject to
MnDOT, Carver County Public Works, and city approval.
16. The applicant will be responsible for the appropriate water
quantity connection fees based on the City's Surface Water
Management Plan. Staff has estimated that this site will be
responsible for 48.5 acres of high density development once the
entire site is platted. The proposed phase one of this project
will be responsible for 14.2 acres of water quantity fees or
$61,912.00. The applicant has provided plans that show water
treatment for this site meeting SWMP standards, therefore at
this point, all water quality fees shall be waived. The SWMP
fees are payable at time of final plat.
17. The applicant shall be responsible for the installation of
street lights along the private and public streets. The
applicant and city staff shall work together to prepare a
street lighting plan to be incorporated into the street
construction plans.
SP -5
'
18.
The applicant will be required to enter into a PUD /development
contract with the City and provide the necessary financial
security and administration fees to guarantee compliance with
'
the conditions of approval.
19.
The applicant shall design and construct the street and utility
'
improvements in accordance to the City's latest edition of
Standard Specifications and Detail Plates. Detailed
construction plans and specifications for the public
improvements shall be submitted to city staff for review and
'
formal approval by City Council in conjunction with final plat
approval.
20.
The applicant shall provide a copy of the covenants for review
and approval by the City and shall be filed at the County with
'
the final plat documents.
21.
The applicant shall apply for and obtain all necessary permits
from the regulatory agencies such as the MPCA, Health
'
Department, Watershed District, DNR, Army Corps of Engineers,
MnDOT, Metropolitan Council Wastewater Services, and Carver
County Highway Department.
location of
22.
The applicant shall report to the City Engineer the
any drain tiles found during construction. The applicant will
'
comply with the City Engineer's direction as far as abandonment
or relocation of the drain tile.
23.
Drainage and conservation easements shall be dedicated over all
wetland areas within the subdivision including outlets.
Wetland mitigation measures shall be developed and subject to
approval by the City. The mitigation measures shall be
'
completed in conjunction with the site grading and restoration.
24.
Buffer strips shall be provided around Wetland 5000. The
'
buffer strips shall be 10 to 30 feet in width with an average
width of 20 feet.
'
25.
The street section for the public portion of Lake Drive shall
be constructed to 36 -feet wide face -to -face with concrete curb
and gutter. The street section which accesses Grandview Road
within the plat shall be constructed to 31 -feet wide back -to-
back with concrete curb and gutter. A temporary cul -de -sac
with a 25 -foot radius shall be constructed at the end of the
'
public street for Grandview Road. All private streets shall be
constructed in accordance with the City's private street
ordinance which requires a minimum 26 -foot wide drive aisles
'
and built to 7 -ton design.
' SP -6
26. Depending on the phasing of the project, Trunk Highway 101 may
need to be upgraded to four lanes, as well as, turn lanes and
traffic signals. The applicant shall incorporate the necessary
traffic improvements as recommended by SRF, accordingly.
Should the traffic signals not be required with the initial
phase of development, the applicant will be required to escrow
with the City their fair share of the cost for future
installation. Security shall be a means of a letter of credit
or a certificate of deposit. All Trunk Highway 101
improvements shall meet State Aid standards. The applicant's
responsibility for the traffic signals along Trunk Highway 101
shall be 37% of the total cost. A cost sharing agreement
between the applicant and City shall be drafted for the
installation of any traffic signals.
27. The applicant shall provide cross - access easements and
maintenance agreements for use of the private streets. Cross -
access easements should also qualify the secondary access road
for public use to Grandview Road.
28. The applicant shall also convey to the City a trail easement
over Outlot H once the trail alignment has been approved.
29. The following Park and Recreation conditions shall apply:
a. The south Rice Marsh Lake Trail connection shall be
identified on the plan.
b. If the trail along TH 101 south of Rosemount is disturbed
during construction, an agreement for replacement
shall be coordinated with the applicant.
C. There shall be a joint agreement for future use of the
soccer field between the community and St. Hubert's
Church.
d. Full park and trail fees shall be collected per city
ordinance.
30. Unless setbacks can be maintained for existing TH 101,
development of Outlot J is contingent upon the upgrade of
State Hwy. 101.
31. The developer shall create and maintain an Architectural and
Landscape Review Committee to review and approve development
and building plans for buildings within the Villages on the
Ponds.
32. The Developer shall work with the city to accomplish City goals
for housing including the provision of "affordable housing ":
35 percent of the rental housing and 50 percent of the
ownership housing shall meet the criteria established for
affordability by the Metropolitan Council.
SP -7
' SP -8
33.
The developer and future site users shall be required to
incorporate street /plaza furniture, planting boxes, public art,
bicycle racks, drinking fountains, etc. within the development
'
and on individual site plans.
34.
The applicant shall prepare a detail plan for the design of the
'
wetland alterations.
35.
The applicant shall provide specific landscaping plan for
'
wetland 2000 and along TH 5.
36.
For two years following final approval of the development, no
changes in official controls of the city shall affect the
t
development.
37.
A Phase II historical analysis shall be performed on
'
potential archaeological sites as delineated in the EAW.
38.
Lot 1, Block 3, shall be shown on the final plat as part of
'
Outlot H, or alternatively as Outlot L.
39.
The final location of the soccer field shall be agreed to
'
between the developer and St. Huberts and approved by City
Council, and appropriate plans shall be prepared and submitted
to the city and approved by City Council, prior to the issuance
'
of building permits for any other development in the project.
40.
The removal of Great Plains Boulevard between Lake Drive East
and Market Boulevard upon vacation, including traffic
'
control /signage, shall be the applicant's responsibility.
Placement of the appropriate traffic control devices shall be
coordinated between the applicant, MnDOT and the City of
Chanhassen. A detailed traffic plan shall be prepared by the
applicant for review and approval by the regulatory agencies
'
prior to closure of Great Plains Boulevard.
41.
Substantial changes in the grading, drainage and erosion
control plans will require staff and, possibly, City Council
'
approval.
42.
Fencing shall be included in the retaining wall construction
'
in conjunction with the overall site grading. Detailed plans
to
addressing the fence construction shall be submitted staff
for review and approval.
43.
Construction access points to the development will be limited
to Lake Drive East at Market Boulevard, Main Street at Market
'
Boulevard and Great Plains Boulevard at Lake Drive East.
' SP -8
44. Site grading within the development may commence prior to
final plat recording contingent upon the City receiving the
executed PUD /development contract, administration fees and
security escrow along with the Watershed District permit.
45. The grading plan shall be revised to increase the size of the
NURP ponds to maintain a 10:1 side slope at the normal water
elevation. NURP number 3 shall be moved easterly outside of
future Trunk Highway 101 right -of -way.
46. Storm water shall be pretreated in a sediment basin prior to
discharging into wetland 5000 on Outlot J. The use of sump
catch basins will not be permitted.
47. The storm sewer drainage systems except for NURP ponds 4 and
7 shall be owned and maintained by the applicant or
association. The City reserves the right to go in and
perform necessary maintenance functions to maintain water
quality levels and assess the cost of the work back to the
developer.
48. Drainage and utility easements will need to be dedicated on
the final plat over the sanitary sewer and watermain lines
which will be publicly owned and maintained. The easement
width will depend on the depth of the sanitary sewer line.
At a minimum, a 20 -foot wide drainage and utility easement
shall be dedicated over each utility line. The final plat
shall also include drainage and utility easements over the
wetlands on Outlot B and Outlot D to cover the wetland
mitigation and storm water pond. In addition, the standard
front, rear and side drainage and utility easements shall be
dedicated on Lot 1, Block 1 and Lot 1, Block 2.
49. The most northerly access point onto Market Boulevard /Trunk
Highway 101 from the development which will be servicing
Americinn shall be restricted to a right -in /right -out and not
a full access as proposed.
50. All drive aisles /streets /parking lots shall be designed and
constructed in accordance with City Code, Section 20 -1118
except for portions of Lake Drive and Main Street which
require a wider street section to facilitate parking and
auxiliary turn lanes at the intersection of Trunk Highway
101 /Market Boulevard. Cross - access and maintenance
agreements shall be required to grant access to Lot 1, Block
1, Lot 1, Block 2 and through Lot 1, Block 2 to Grandview
Road from the general public. Construction plans shall be
submitted to staff for review and approval.
SP -9
1
51. The applicant shall be responsible for constructing temporary
and permanent streets through Outlot A to serve Lott, Block 1
' and Lot 1, Block 2.
52. The applicant must show grading plan for mitigation area C.
' The proposed grading plan shows this area as wetland
mitigation , but has no changes in grade.
' 10. General Conditions. The general conditions of this
Contract, approved by the City Council on February 13, 1995 are
attached as Exhibit "B" and incorporated herein.
t
' SP -10
CITY OF CHANHASSEN
BY:
(SEAL) Donald J. Chmiel, Mayor
AND:
Don Ashworth, City Manager
DEVELOPER: JOHN H. WARD AND DONNA M. WARD
BY:
Its
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1996, by Donald J. Chmiel, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1996, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
(612) 937 -1900)
SP -11
EXHIBIT "A"
' TO DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
' KNOW ALL MEN BY THESE PRESENTS: That William J. Ward, a single
person; Austin T. Ward, a single person; Mary Ellen Ward, a single
' person; John H. Ward and Donna M. Ward, husband and wife, owners
and proprietors of the following described property situated in the
County of Carver, State of Minnesota, to wit:
' That part of the Southeast Quarter of the Northwest Quarter of
Section 13, Township 116, Range 23, Carver County, Minnesota,
lying Southerly of the southerly right -of -way of State Trunk
' Highway No. 5, shown as parcel 207 on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT -OF -WAY PLAT NO. 10 -3, according to the
recorded plat thereof, Carver County, Minnesota.
And
' Government Lot 2, Section 13, Township 116, Range 23, Carver
County, Minnesota.
' EXCEPT that part of the above - described land which were
acquired by the City of Chanhassen by Final Certificates filed
as Documents Numbers 121904, 149697 and 157032.
And that the City of Chanhassen, a Minnesota municipal corporation,
owner and proprietor of the following described property situated
in the County of Carver, State of Minnesota, to wit:
That part of the Southeast Quarter of the Northwest Quarter of
Section 13, Township 116, Range 23, Carver County, Minnesota,
' lying Southerly of the southerly right -of -way of State Trunk
Highway No. 5, shown as parcel 207 on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT -OF -WAY PLAT NO. 10 -3, according to the
' recorded plat thereof, Carver County, Minnesota.
And
1 That part of Government Lot 2, Section 13, Township 116, Range
23, Carver County, Minnesota. As acquired by the City of
' Chanhassen by Final Certificates filed as Document Numbers
121904, 149697 and 157032.
I
' SP -12
FEE 0WNER CONSENT TO DEVELOPMENT CONTRACT
William J. Ward, a single person; Austin T. Ward, a single person; and
Mary Ellen Ward, a single person, fee owners of all or part of the
subject property, the development of which is governed by the foregoing
PUD /Development Contract, affirm and consent to the provisions thereof
and agree to be bound by the provisions as the same may apply to that
portion of the subject property owned by them.
Dated this day of , 19
William J. Ward
Austin T. Ward
Mary Ellen Ward
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19_, by William J. Ward, a single person.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19_, by Austin T. Ward, a single person.
NOTARY PUBLIC
STATE OF MINNESOTA
t ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _
day of , 19_, by Mary Ellen Ward, a single person.
DRAFTED BY: NOTARY PUBLIC
City of Chanhassen
690 Coulter Drive
Chanhassen, Minnesota 55121
(612) 937 -1900
SP -13
MORTGAGE HOLDER CONSENT
' TO
DEVELOPMENT CONTRACT
1
which holds a mortgage on the subject property, the development of
' which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
t Dated this day of 19_
11
' STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of 19_1
t 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 -14
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be
platted, the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this agreement
has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the
City, 3) the plat has been recorded with the County Recorder's
Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have
been satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
expense, have one or more construction inspectors and a soil
GC -1
' engineer inspect the work on a full or part -time basis. The
Developer shall also provide a qualified inspector to perform site
inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/ inspector to respond to questions
from the City Inspector(s) and to make periodic site visits to
satisfy that the construction is being performed to an acceptable
level of quality in accordance with the engineer's design. The
Developer or his engineer shall schedule a preconstruction meeting
' at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program
for the construction work. within sixty (60) days after the
' completion of the improvements 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
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
' GC -2
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. Not applicable.
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 125%
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
GC -3
' 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. 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 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.
' 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.
' GC -4
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
improvements is less than $500,000, three
City "as- built" plans indicating the amount,
type and limits of
'
fill on any house pad location.
'
improvements is between $500,000 and
19. Responsibility for Costs.
$1,000,000, three percent (3%) of construction
'
A. The Developer shall pay an administrative fee in
'
conjunction with the installation of the plat
improvements. This
,
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents,
preparation of the
Development Contract, monitoring construction
progress, processing
'
pay requests, processing security reductions,
and final acceptance
of improvements. This fee does not cover
the City's cost for
resident construction inspections. The fee
shall be shall be
calculated as follows:
,
i) if the cost of the construction of public
improvements is less than $500,000, three
,
percent (3 %) of construction costs;
ii) 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;
GC -5 ,
if the cost of the construction of public
improvements is over $1,000,000, two and
' one -half percent (2%%) of construction costs
for the first $1,000,000 and one and one -half
percent (lh%) 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
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
GC -6
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.
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.
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
GC -7
' 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
' 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. The normal construction hours
under this contract shall be from 7:00 a.m. to 7:00 P.M. on
' GC -8
weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or any recognized legal holidays.
Operation of all internal combustion engines used for construction
or dewatering purposes beyond the normal working hours will require
City Council approval. 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.
M. Access All access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
the Developer regardless if the City has issued building permits or
occupancy permits for lots within the plat.
N. 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.
O. 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.
P. 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.
GC -9
Q. 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.
R. 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.
n.
and
3.
' 4.
5.
City of Chanhassen;
State of Minnesota, its agencies, departments
commissions;
United States Army Corps of Engineers;
Watershed District(s);
Metropolitan Government, its agencies,
departments and commissions.
' S. Proof of Title. Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers
too enter into this Development Contract.
' T. 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.
' U. 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
pro3ect, 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.
' GC -10
EXHIBIT C
VILLAGES ON THE PONDS
CHANHASSEN, MINNESOTA
DEVELOPMENT DESIGN STANDARDS
a. Intent
The purpose of this zone is to create a mixed use PUD consisting
of commercial, institutional, office, and residential uses. The
use of the PUD zone is to allow for more flexible design
standards while creating a higher quality and more sensitive
proposal. All utilities are required to be placed underground.
Each lot proposed for development shall proceed through site plan
review based on the development standards outlined below.
b. Permitted Uses
The permitted uses in this zone should be limited to uses as
defined below or similar uses to those as listed in the Standard
Industrial Classification. If there is a question as to the
whether or not a use meets the definition, the Planning Director
shall make that interpretation. No single retail user shall
exceed 20,000 square feet on a single level of a building. A
maximum of thirty -three (33) percent of the square footage of the
retail users within the development may be of a "big box"
category. The intent of this requirement is to provide a variety
of users, including small retail shops, service providers, coffee
shops, cabarets, etc., for residents of the Villages as well as
the community as a whole, rather than typical suburban type
large, individual users dominating the development and detracting
from the "village" character. Retail users should be those that
support and compliment the residential development located within
the development, providing goods and services which enhance
residents of the village and the community.
Office Professional and business office, non - retail activity
except for showroom type display area for products stored or
manufactured on -site provided that no more than 20 percent of
the floor space is used for such display and sales.
bank /credit union
finance, insurance and real estate
health services - except nursing homes and hospitals
engineering, accounting, research management and related
services
DDS -1
legal services
Personal Services. Establishments primarily engaged in
providing services involving the care of a person or his or
her personal goods or apparel.
dry cleaning
beauty or barbershop
' shoe repair
photographic studio
tax return preparation
laundromat
' health club
optical goods
computer services
' day care center
copying
mail stores
Institutional. Establishments that are public /semi - public in
nature.
'
church
library
education services
day care
art gallery
dance studio
'
cultural facility
Commercial /Retail. Establishments engaged in commercial
'
operations including retail sales and services and hospitality
industries.
Apparel and Accessory Stores
'
shoe stores
electronic and music store and musical instruments
'
restaurant - no drive through
restaurant - fast food only if integrated into a building
no freestanding fast food and no drive through
'
drug store /pharmacy
book /stationary
jewelry store
hobby /toy game
gift novelty and souvenir
sewing, needlework and piece good
florist
'
camera and photographic supply
art and art supplies, gallery
sporting goods
'
DDS -2
video rental
food stores including bakery and confectionery
hardware store
computer store
hotel /motel
entertainment
liquor store
Pets and pet supplies
home furnishings
Residential. Residential units shall be provided as upper
level units above the commercial /office uses within the
village core and as stand alone units. A minimum of 50
percent of the residential units shall be rental units. Of
the rental units, the city has adopted a goal of 35 percent of
the units meeting the Metropolitan Council's affordable
criteria. For the ownership housing, the city has adopted the
goal of 50 percent of the units meeting the Metropolitan
Council's affordable criteria.
Prohibited Uses:
auto related including auto sales, auto repair, gas stations
C. Setbacks
In the PUD standards, there is the requirement for landscape
buffering in addition to building and parking setbacks.
The following setbacks shall apply:
Great Plains
Blvd.: Buffer yard IC, 0'
�
& Setback
Building Parking
'Market Blvd.: Buffer yard &
:Setback
Hwy. 5: Buffer yard & Setback
Interior Side Lot Line: Buffer
yard & setback
East Perimeter Side Lot Line
(adjacent to residential):
Buffer yard & setback
.West Perimeter Side Lot Line
!(adjacent to industrial):
.Buffer yard & setback
C, 50'
B, 50'
NA , 0'
D, 50'
B, 50
20'
20'
0'
50'
20
1 . DDS -3
' Buffer yards are as specified in the City of Chanhassen
Landscaping and Tree Removal Ordinance, Article XXV.
' No fences shall be permitted between the required landscape
buffer and arterial and collector roads.
d. Development Site Coverage and Building Height
1. The PUD standard for hard surface coverage is 70% for the
overall development. Individual lots may exceed this
threshold, but in no case shall the average exceed 70
percent.
2. More than one (1) principal structure may be placed on one
(1) platted lot.
3. The maximum building height shall be Sector I - three
stories (with residential loft) /50 ft. (retail and office
' buildings without residences above shall be limited to two
stories /30 feet), Sector II - three stories /40 ft., Sector
III - three stories /40 ft., exclusive of steeples and bell
towers, and Sector IV - four stories /50 feet
4. The maximum building footprint for any one building shall be
' limited to 20,000 square feet without a street level break
in the continuity of the building, e.g., pedestrian
passageways, except for the church and residential only
buildings.
' 5. The following table shall govern the amount of building area
for the different uses:
' Commercia Office /Ser Instituti Dwelling TOTAL sq.
1 /Retail vice (sq. onal (sq. Units ft.
(sq. ft.) ft.) ft.)
Sector I 114,500 70,500 @ 0 154 185,000
Sector II 60,000 * 14,000 0 0 74,000
' Sector 0 0 100,000 0 100,000
III
Sector IV 0 32,000 @ 0 112 @ 32,000
' TOTAL 174,500 116,500 100,000 266 391,000
@ As an alternative, the office /service could be increase by
13,000 square feet in Sector I if the 32,000 square foot office
' building is deleted in Sector IV and replaced with 56 additional
dwelling units.
' * Includes 47,200 square foot, 106 unit motel.
' DDS -4
Building square footages may be reallocated between sectors
subject to approval by the Planning Director. Building square
footages may be reallocated between uses subject to approval of
the Planning Director. However, the reallocation of building
square footages between uses shall only be permitted to a less
intensive use, i.e. from commercial to office or institutional,
or from office to institutional. In no instance shall more than
27,000 square feet of addition institutional building square
footage be reallocated without an amendment to the PUD.
e. Building Materials and Design
1. The PUD requires that the development demonstrate a higher
quality of architectural standards and site design. The
intent is to create a pedestrian friendly, "traditional"
village character consistent with the European heritage of
the upper midwest and the atmosphere within this
development, yet with the amenities and technological tools
of modern times. The village elevations shown on the PUD
drawings are to be used only as a general guideline and the
reflection of the overall village image including the north -
midwestern architectural vocabulary, village like human
scale and flavor, and variety in design and facade
treatment.
2. All materials shall be of high quality and durable. Major
exterior surfaces of all walls shall be face brick, stone,
glass, stucco, architecturally treated concrete, cast in place
panels, decorative block, cedar siding, vinyl siding in
residential with support materials, or approved equivalent as
determined by the city. Color shall be introduced through
colored block or panels and not painted block or brick.
Bright, long, continuous bands are prohibited. Bright or
brilliant colors and sharply contrasting colors may be used
only for accent purposes and shall not exceed 10 percent of a
wall area.
3. Block shall have a weathered face or be polished, fluted, or
broken face. Exposed cement ( "cinder ") blocks shall be
prohibited.
4. Metal siding, gray concrete, curtain walls and similar
materials will not be approved except as support material to
one of the above materials, or as trim or as HVAC screen, and
may not exceed more than 25 percent of a wall area.
5. All accessory structures shall be designed to be compatible
with the primary structure. ,
1 . DDS -5 ,
6. All roof mounted equipment shall be screened by walls of
1 . DDS -6
compatible appearing material. Wood screen fences are
prohibited. All exterior process machinery, tanks, etc., are
'
to be fully screened by compatible materials. All mechanical
equipment shall be screened with material compatible to the
building.
'
7.
The buildings shall have varied and interesting detailing.
The use of large unadorned, concrete panels and concrete
block, or a solid wall unrelieved by architectural
'
detailing, such as change in materials, change in color,
fenestrations, or other significant visual relief provided
in a manner or at intervals in keeping with the size, mass,
'
and scale of the wall and its views from public ways shall
be prohibited. Acceptable materials will incorporate
textured surfaces, exposed aggregate and /or other
'
patterning. All walls shall be given added architectural
interest through building design or appropriate landscaping.
'
8.
Space for recycling shall be provided in the interior of all
principal or accessory structures.
'
9.
There shall not be underdeveloped backsides of buildings.
and
All elevations shall receive nearly equal treatment
visual qualities.
'
10.
The materials and colors used for each building shall be
selected in context with the adjacent building and provide
for a harmonious integration with them. Extreme variations
'
between buildings on the same street in terms of overall
appearance, bulk and height, setbacks and colors shall be
'
prohibited.
11.
Slope roof elements shall be incorporated in all structures:
Sector I - minimum 70 percent of roof area shall be sloped,
'
Sector II - minimum of 70 percent of the roof area shall be
sloped, Sector III - minimum of 30 percent of the roof area
shall be sloped, and Sector IV - minimum of 70 percent of
'
the roof area shall be sloped. An exception to this
requirement are roof areas designed for human use such as
decks, garden areas, patios, etc., which will not be counted
towards flat roof area.
12.
The following design elements should be incorporated into
'
individual structures:
Building Accents
1 . DDS -6
Towers, silos, arches, columns, bosses, tiling, cloisters,
colonnades, buttresses, loggias, marquees, minarets,
portals, reveals, quoins, clerestories, pilasters.
Roof Types
Barrow, dome, gable, hip, flat.
Roof Accents
Cupolas, cornices, belfries, turrets, pinnacles, look -outs,
gargoyles, parapets, lanterns. Accent elements such as
towers, turrets, spires, etc., shall be excluded from the
sector building height limitation.
Window Types
Bay, single paned, multi - paned, angular, square,
rectangular, half - round, round, italianate.
Window Accents
Plant boxes, shutters, balconies, decks, grates, canopies,
awnings, recesses, embrasures, arches, lunettes.
13. Street level windows shall be provided for a minimum of 50
percent of the ground level wall area.
f. Site Landscaping and Screening
1. All buffer landscaping, including boulevard landscaping,
included in Phase I shall be installed when the grading of
the phase is completed. This may well result in landscaping
being required ahead of individual site plan approvals, but
we believe the buffer yard and boulevard plantings, in
particular, need to be established immediately. In
addition, to adhere to the higher quality of development as
spelled out in the PUD zone, all loading areas shall be
screened. Each lot for development shall submit a separate
landscaping plan as a part of the site plan review process.
2. All open spaces and non - parking lot surfaces, except for
plaza areas, shall be landscaped, rockscaped, or covered
with plantings and /or lawn material. Tree wells shall be
included in pedestrian areas and plazas.
3. Storage of material outdoors is prohibited.
DDS -7
' 4. Undulating or angular berms 3' to 5' in height, south of
Highway 5 and along Market Boulevard shall be sodded or seeded
' at the conclusion of grading and utility construction. The
required buffer landscaping may be installed where it is
deemed necessary to screen any proposed development. All
required boulevard landscaping shall be sodded.
5. Loading areas shall be screened from public right -of -ways.
' Wing walls may be required where deemed appropriate.
6. Native species shall be incorporated into site landscaping,
whenever possible.
' g. Signage
' 1. One project identification sign shall be permitted for the
development at each end of Lake Drive and at the south end
of Main Street. Project identification sign(s) may also be
' located at the entrances to the development(s) in Sector IV.
Project identification signs shall not exceed 24 square
feet in sign display area nor be greater than five feet in
' height. One project identification sign, with a maximum
height of 20 feet, which may be increased in height subject
to city approval based on the design and scale of the sign,
' designed as a gateway to the project shall be located at the
north end of Main Street. Individual lots are not
permitted low profile ground business sign. Within Sector
III, one sign for the church and one sign for the school may
be placed on streetscape walls. The top of the signs shall
not extend more than eight feet above the ground and the
total sign area for the signs shall not exceed 64 square
' feet. Pylon signs are prohibited. The sign treatment is an
element of the architecture and thus should reflect the
quality of the development. The signs should be consistent
' in color, size, and material and height throughout the
development. A common theme will be introduced at the
development's entrance monument and will be used throughout.
' 2. All signs require a separate sign permit.
' 3. Wall business signs shall comply with the city's sign
ordinance for the central business district for
determination of maximum sign area. Wall signs may be
permitted on the "street" front and primary parking lot
front of each building.
4. Projecting signs are permitted along Main Street and Lake
' Drive and along pedestrian passageways subject to the
conditions below.
' ;• DDS -8
Signage Plan and Restrictions
Wall Signs
1. The location of letters and logos shall be restricted to the
approved building sign bands, the tops of which shall not
extend greater than 20 feet above the ground. In Sector II,
sign height may be increase based on the criteria that the
signage is compatible with and complementary to the building
architecture and design. The letters and logos shall be
restricted to a maximum of 30 inches in height. All
individual letters and logos comprising each sign shall be
constructed of wood, metal, or translucent facing.
2. If illuminated, individual dimensional letters and logos
comprising each sign may be any of the following:
a. Exposed neon /fiber optic,
b. Open channel with exposed neon,
C. Channel Letters with acrylic facing,
d. Reverse channel letters (halo lighted), or
e. Externally illuminated by separate lighting source.
3. Tenant signage shall consist of store identification only.
Copy is restricted to the tenant's proper name and major
product or service offered. Corporate logos, emblems and
similar identifying devices are permitted provided they are
confined within the signage band and do not occupy more than
15% of the sign area unless the logo is the sign.
4. Within Sector II, architecturally, building- integrated panel
tenant /logo sign may be permitted based on criteria that the
signage is compatible with and complementary to the building
design and architecture.
5. Back lit awnings are prohibited.
Projecting Signs
1. The letters and logos shall be restricted to the approved
building sign area.
2. All wooden signs shall be sandblasted and letters shall be
an integral part of the building's architecture.
3. Signage shall consist of store identification only. Copy is
restricted to the tenant's proper name and major product or
service offered and such minimal messages such as date of
establishment of business. Corporate logos, emblems and
similar identifying devices are permitted provided they are
DDS -9
t confined
within the signage band or within the projecting
sign and do not occupy more than fifteen (15) percent of the
sign display area.
'
4.
Projecting signs shall be stationary, may not be self-
illuminated but may be lighted by surface mounted fixtures
'
located on the sign or the adjacent facade.
5.
Projecting signs shall be limited to one per tenant on
street frontage and pedestrian passageway and my not exceed
'
six square feet. Letters shall have a maximum height of 12
inches.
6.
Projecting signs shall be a minimum of eight feet above the
sidewalk and shall not project more than six feet from the
'
building facade.
7.
Plastic, plexi- glass, clear plex, or similar material
projecting signs are prohibited unless used in conjunction
'
with other decorative materials.
8.
Projecting signs may be painted, prefinished, or utilize
'
exposed metal. Any exposed metal shall be anodized
aluminum, stainless steel, titanium, bronze, or other
similar non - corrosive or ono - oxidizing materials.
'
Window Signs
1.
Window signs shall not cover more than 25 percent of the
'
window area in which they are located.
2.
Window signs shall not use bright, garish, or neon paint,
'
tape, chalk, or paper.
' Menu Signs
1. Shall be located at eye level adjacent to tenant entries and
' shall not exceed 4 feet in height.
2. Shall be used only to convey daily specials, menus and
' offerings and shall be wood framed chalkboard and /or
electronic board with temporary handwritten lettering. No
paper construction or messages will be permitted.
' 3. Menu signs shall be limited to one per tenant and may not
exceed 8 square feet.
' Festive Flags /Banners
DDS -10
1. Flags and banners shall be permitted on approved standards
attached to the building facade and on standards attached to
Pedestrian area lighting.
2. Plastic flags and banners are prohibited.
3. Flags and banners shall be constructed of fabric.
4. Banners shall not contain advertising for individual users,
businesses, services, or products.
5. Flags and banners shall project from buildings a maximum of
two feet.
6. Flags and banners shall have a maximum area of 10 square
feet.
7. Flags and banners which are torn or excessively worn shall
be removed at the request of the city.
Building Directory
1. In multi- tenant buildings, one building directory sign may ,
be permitted. The directory sign shall not exceed eight
square feet.
Pole Directory Sign
1. Pole directory signs consisting of single poles with
individual nameplate type directional arrows may be located
within the development.
2. Pole directory sign shall not exceed 15 feet in height.
3. Directory signs shall be a minimum of eight feet above the
sidewalk.
4. A maximum of eight directory signs may be provided per pole
5. The maximum size of an individual sign shall be 18 inches
long by four inches wide.
6. Poles shall be a minimum of 10 feet behind the curb.
h. Lighting
1. Lighting for the interior of the business center should be
consistent throughout the development. The plans do not
provide for street lighting. As with previous developments,
:DDS -11
the City has required the developer to install street lights
throughout the street system.
' 2. A shoe box fixture (high pressure sodium vapor lamps) with
decorative natural colored pole shall be used throughout the
development parking lot area for lighting. Decorative,
' pedestrian scale lighting shall be used in plaza and
sidewalk areas and may be used in parking lot areas.
' 3. Lighting equipment similar to what is mounted in the public
street right -of -ways shall be used in the private areas.
' 4. All light fixtures shall be shielded. Light level for site
lighting shall be no more than 1/2 candle at the project
perimeter property line. This does not apply to street
' lighting.
5. Light poles shall be limited to a height of 20 feet.
i. Parking
1. Parking shall be provided based on the shared use of surface
' parking areas whenever possible. Cross access easements and
the joint use of parking facilities shall be protected by a
recorded instrument acceptable to the city.
i 2. A minimum of 75 percent of a building's parking shall be
located to the "rear" of the structure and in underground
' garages.
3. The development shall be treated as a integrated shopping
' center and provide a minimum of one space per 200 square
feet of commercial /retail area. The office /personal service
component shall be treated as an integrated office building
' and provide 4.5 space per 1,000 square feet for the first
49,999 square feet, four per thousand square feet for the
second 50,000 square feet, and 3.5 per thousand square feet
' thereafter. Residential uses shall provide 1.5 spaces per
unit as underground parking with visitor spaces provided as
part of the commercial /office uses. Within sector IV,
visitor parking shall be provided at a rate of 0.5 stalls
' per unit. Hotel /motels shall comply with city ordinance.
Churches /schools shall comply with city ordinance, however,
a minimum of 50 percent of the parking shall be shared.
DDS -12