1.a.2) Arboretum Business Park: Development Contract, Plans & Specs for Utility Improvements.1 .4 hk
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CITY OF
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';�O�
DATE: . July 23, 1997
SUBJ: Approve Development Contract/PUD Agreement and Construction Plans and
Specifications for Arboretum Business Park - Project No. 97 -16
The attached development contract/PUD agreement 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/PUD agreement at $82,170.00 and the development contract administration fees total
$7,465.00 which includes 1/3 of the required Trail fees.
The applicant has also submitted detailed construction plans and specifications for the storm
drainage improvements 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. It is therefore recommended that the construction plans and specifications for
Arboretum Business Park dated July 15, 1997, prepared by Schoell & Madson, Inc. and the
development contract/PUD agreement dated July 15, 1997 be approved conditioned upon the
following:
1. The applicant enter into the development contract/PUD agreement and supply the City
with a cash escrow or letter of credit in the amount of $82,170.00 and pay an
administration fee of $7,465.00.
Attachments: 1. Development contract/PUD agreement dated July 15, 1997.
2. Construction plans and specifications are available for review in the
Engineering Department.
3. Breakdown of administration fees dated July 23, 1997. OFFOAL EMNEBW CM
c: Fred Richter, Steiner Development Received
Revision No.
\%cfs1wo12\wg\&.c \cc\ar ,m &.aoc Approved b City Engineer
Date 7 — Z3- 1 92
7'
Appr oved by City CouncH
Date
CITY OF CHANHASSEN
ARBORETUM BUSINESS PARK
PROJECT NO. 97-16
BREAKDOWN OF ADMINISTRATION FEES - 7/23/97
Estimated Total Cost of Public hTrovements .................................... ............................... $ 67,500.00
- 3% of Public Improvement Costs (Under $500, 000) ......................... ............................... $ 2,025.00
- Final Plat Process (Escrow For Attorney Fee for Review and Recording of Plat
and Development Contract) ..................................................... ............................... $ 350.00
- Recording Fees
a. Development Contract ........................................................ ............................... $ 30.00
b. Plat Filing ............................................................................ ............................... $ 30.00
c . Trail Easement .................................................................... ............................... $ 30.00
-1/3 Trail Fees (Lot 1, Block 1, 10 acres at $1,500 per acre/ 3) ........... ............................... $ 5,000.00
- SWMP Fees (Credit towards Future Phases) .................................... ............................... $- 78,341.00
TOTAL ADMINISTRATION FEES ............................................... ...............................
\1cfs1 \voMmg'&Wbo U=Ac.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ARBORETUM BUSINESS PARK
DEVELOPMENT CONTRACT /PUD AGREEMENT
(Developer Installed Improvements)
TABLE OF CONTENTS
PAGE
SPECIAL PROVISIONS
1. REQUEST FOR PLAT APPROVAL ..................SP - 1
7 rnTmrmTnTxTC nP PT,AT APPROVAL . . . ......................... SP -1
3 .
ZONING ......................
...........................SP
-1
4.
DEVELOPMENT PLANS ...........
...........................SP
-1
5.
IMPROVEMENTS ................
...........................SP
-2
6.
TIME OF PERFORMANCE .........
...........................SP
-2
7 .
SECURITY ....................
...........................SP
-2
8 .
NOTICES .....................
...........................SP
-3
9.
OTHER SPECIAL CONDITIONS ....
...........................SP
-3
10.
GENERAL CONDITIONS ..........
...........................SP
-7
GENERAL CONDITIONS
1.
RIGHT TO PROCEED ............
...........................GC
-1
2.
PHASE DEVELOPMENT ...............................
.......GC
-1
3.
EFFECT OF SUBDIVISION APPROVAL .........................GC
- 1
4.
IMPROVEMENTS ....................................
.......GC
-1
5.
IRON MONUMENTS ..............
...........................GC
-2
6 .
LICENSE .........................................
.......GC
-2
7.
SITE EROSION CONTROL ........
...........................GC
-2
7A.
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING....................
...........................GC
-3
8.
CLEAN UP ....................
...........................GC
-3
9.
ACCEPTANCE AND OWNERSHIP OF
IMPROVEMENTS ...............GC
- 3
10 .
CLAIMS ......................
...........................GC
-3
11.
PARK AND TRAIL DEDICATION ...
...........................GC
-4
12.
LANDSCAPING .................
...........................GC
-4
13.
WARRANTY ....................
...........................GC
-5
14 .
LOT PLANS ...................
...........................GC
-5
15.
EXISTING ASSESSMENTS ........
...........................GC
-5
16.
STREET LIGHTING .............
...........................GC
-5
17 .
SIGNAGE .....................
...........................GC
-5
18.
HOUSE PADS ..................
...........................GC
-5
19.
RESPONSIBILITY FOR COSTS ....
...........................GC
- 5
20.
DEVELOPER'S DEFAULT .........
...........................GC
-7
21.
MISCELLANEOUS
A. Construction Trailers ..
...........................GC
-7
B. Postal Service .........
...........................GC
-7
C. Third Parties ...........
........................GC
- 7
D. Breach of Contract .....
...........................GC
-7
E. Severability ...........
...........................GC
-8
F. Building Permits .......
...........................GC
-8
G. Waivers /Amendments .....
...........................GC
-8
H. Release ................
...........................GC
-8
I. Insurance ..............
...........................GC
-8
i
J. Remedies ............... ...........................GC -9
K. Assignability .......... ...........................GC -9
L. Construction Hours ..... ...........................GC -9
M. Access ................. ...........................GC -9
N. Street Maintenance ..... ...........................GC -9
O. Storm Sewer Maintenance ..........................GC -10
P. Soil Treatment Systems . ..........................GC -10
Q. Variances ............................... ......... GC -10
R. Compliance with Laws, Ordinances, and Regulations GC -10
S. Proof of Title ......... ..........................GC -10
T. Soil Conditions ........ ..........................GC -10
U. Soil Correction ........ ..........................GC -11
V. Haul Routes ......... ............................... GC -11
EXHIBIT C
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT /PUD AGREEMENT
(Developer Installed Improvements)
ARBORETUM BUSINESS
SPECIAL PROVISIONS
AGREEMENT dated July 28, 1997, by and b
CHANHASSEN, a Minnesota municipal corporation
GATEWAY WEST PARTNERSHIP, a Minnesota
"Developer ").
PARK
etween the CITY OF
(the "City "), and
partnership (the
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for ARBORETUM BUSINESS PARK (referred to in
this Contract as the "plat "). The land 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 plat is being rezoned to Planned Unit
Development (PUD). Except as specifically modified herein, the
uses, requirements, and standards of the "PUD ", as may be amended,
shall apply to the subject property.
4. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A: Final plat approved July 28, 1997, prepared by Schoell &
Madson, Inc.
Plan B: Grading, Drainage and Erosion Control Plan dated July
15, 1997, prepared by Schoell & Madson, Inc.
Plan C: Plans and Specifications for Storm Sewer Improvements
dated July 15, 1997, prepared by Schoell & Madson, Inc.
Plan D: Landscaping Plan for Lot 1, Block 1 dated July 10, 1997,
prepared by Ankey Kell Architects.
Revised 3/22/94
SP -1
5. Improvements. The Developer shall install and pay for
the following:
A. Storm Water Drainage System
B. Site Grading
C. Underground Utilities (e.g. gas, electric, telephone,
CATV)
D. Setting of Lot and Block Monuments
E. Surveying and Staking
F. Wetland Mitigation and Monumentation
G. Pro -rated Share of Traffic Signal at Trunk Highway 41
& 82 Street
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
$82,170.00. The amount of the security was calculated as 110% of
the following:
Site Grading (covered under IUP 97- 1) ............ $ 0.00
Storm Sewer, Drainage System,
including cleaning and maintenance ............... $ 64,000.00
Erosion control (covered under IUP 97- 1) ......... $ 0.00
Engineering, surveying, and inspection........... $ 3,000.00
Landscaping (covered under IUP 97- 1) ............. $ 0.00
Wetland Monuments . ............................... $ 500.00
Pro -rated Share of Traffic Signals ............... $ 7,200.00
TOTAL COST OF PUBLIC IMPROVEMENTS ................ $ 74,700.00
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
December 31, 1998. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
SP -2
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.
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:
Mr. Fred Richter
Gateway Partners
c/o Steiner Development
3610 South Highway 101
Wayzata, MN 55391
Telephone: (612) 473 -5650
Facsimile: (612) 473 -7058
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 shall build NURP ponds for the entire site with
this phase of the development. Credits from these NURP ponds
will provide the applicant with a surplus of SWMP credits
($78,341), and, therefore, no SWMP fees will be required for
the first phase of the development. As future phases are
brought in for final plat approval, these credits will be
applied against the future SWMP fees.
2. The grading plan shall be revised to incorporate MnDOT's
review comments in the final grading and development plan.
3. The installation of a temporary traffic signal and /or
auxiliary turn lanes at the intersection of 82 °d Street West
and Trunk Highway 41 is required with Phase I development.
The developer shall be responsible for a share of the local
cost participation of this traffic signal on a percentage
basis based upon traffic generation from full development of
this site in relation to the total traffic volume on 82 °d
Street West. The developer shall also be responsible for
future costs associated with the local share of the traffic
SP -3
signal to be installed at the north /south road at Trunk
Highway 5. Financial security to guarantee the installation
of these traffic improvements will be required from the
developer in the form of a letter of credit or cash escrow.
4. The developer shall be required to enter into a PUD
Agreement /Development Contract with the City and provide a
financial security in the form of a letter of credit or cash
escrow to guarantee site improvements.
5. The developer shall be responsible for the installation or
costs associated with the installation of street lights. The
City's standard street light along industrial /collector -type
streets are 25 -foot high corten steel street lights. Location
of the street lights will be determined upon review of the
final construction drawings.
6. Type III erosion control fencing will be required adjacent to
wetland areas. Additional erosion control fence may be
necessary at the toe of steep slope areas and adjacent to
storm water ponds after the grading has been completed.
7. The storm water ponds and /or temporary detention ponds shall
be constructed in the initial grading phase to minimize
erosion off -site. Erosion control blankets will be required
on all slopes greater than 3:1. Revegetation of the exposed
slopes shall occur immediately after grading is completed.
8. All areas disturbed as a result of construction activities
shall be immediately restored with seed and disc - mulched or
wood fiber blanket or sod after completion of each activity
in accordance with the City's Best Management Practice
Handbook.
9. Wetland buffer areas shall be surveyed and staked in
accordance with the City's wetland ordinance. The City will
provide wetland buffer edge signs for the applicant to
install before construction begins; and the city will charge
the applicant $20 per sign.
10. The applicant shall apply for and obtain permits from the
appropriate regulatory agencies, i.e. Carver County,
Watershed District, Metropolitan Waste Control Commission,
Health Department, Minnesota Pollution control Agency,
Minnesota Department of Natural Resources, Army Corps of
Engineers and Minnesota Department of Transportation and
comply with their conditions of approval.
SP -4
11. Fire hydrants shall be incorporated per the Fire Marshal's
recommendations.
12. The final plat shall be revised to include the following:
a. Street names
b. 10 -foot wide drainage and utility easements adjacent to
all dedicated right -of -way.
c. 5 -foot wide drainage and utility easement along the west
lot line of Lot 1, Block 1.
d. 25 -foot wide drainage and utility easement over the
public portion of storm sewer through Lot 1, Block 1.
e. Reduce right of way width on Coulter Boulevard west of
Century Boulevard to 60 feet wide.
13. No berming or landscaping
of -way except landscaping
accordance with the Trunk
will be allowed within the right -
along the frontage road in
Highway 5 Corridor Study.
14. The lowest floor or opening elevation of all buildings shall
be a minimum of 2 feet above the 100 -year high water level.
15. Stormwater ponds must have side slopes of 10:1 for the first
ten feet at the normal water level and no more than 3:1
thereafter or 4:1 throughout for safety purposes.
16. The applicant shall report to the City Engineer the location
of any drain tiles found during construction and shall
relocate or abandon the drain -tile as directed by the City
Engineer.
17. Landscaping along Highways 41 and 5 shall comply with Buffer
yard standard C (as per city code). Coulter Boulevard,
the
north south street, and West 82 Street shall comply with
Buffer yard standard B. The master landscape plan for the
Arboretum Business Park PUD shall be the design guide for all
of the specific site landscape developments. Each lot must
present a landscape plan for approval with the site plan
review process.
18. A 10' clear space must be maintained around fire hydrants,
i.e., street lamps, trees, shrubs, bushes, NSP, US West,
Cable TV, and transformer boxes. This is to ensure that
fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City ordinance 9 -1.
19. Existing structures on the property which may be demolished
require a demolition permit. Proof of septic and well systems
that are abandoned are required.
SP -5
20. The project and individual site users must comply with the
development design standards incorporated herein as Exhibit
C of the development contract.
21. Parks: The developer shall dedicate Outlots A & B (48.38
acres), comprised of 26.13 acres of wetland and ponds and
22.23 acres of upland, and all required connecting trail
easements, to the City of Chanhassen. Compensation for the
22.23 acres of upland shall include a park dedication credit
of 11.73 acres and cash payment of $200,000. Said cash
payment being derived from tax increment proceeds and paid
on a no interest schedule of $40,000 per year for five
years. The year of commencement being the year of initial
tax increment proceeds.
22. Trails: Steiner Development shall be responsible for
planning, engineering, and constructing the "wetland trail."
This trail follows an alignment generally described as the
western edge of Outlots A & B. Connection points for this
new trail construction shall be the terminus of the
Trotter's Ridge trail and Autumn Ridge trail. Portions of
said construction will occur off -site of the Arboretum plat
within land owned by the City of Chanhassen.
Trail construction shall be completed in two phases. One
north of the proposed Coulter Boulevard and, the first
phase, lying south of proposed Coulter Boulevard. Each
phase shall be completed contemporaneously with adjoining
improvements.
In consideration for this trail construction, the city shall
compensate Steiner Development full costs of trail
construction plus a 10% design and construction management
fee. Bid documents, including plans and specifications,
shall be approved by the Park & Recreation Director and City
Engineer prior to soliciting bids. Project bidding shall
occur in a competitive environment with a minimum of three
bids being received. The results of the bidding process
shall be reviewed with the Park & Recreation Director and
City Engineer prior to award. Cash payment for trail
construction shall be made from the City of Chanhassen to
Steiner Development upon completion, inspection, and
acceptance of the trail.
23. Full trail fees shall be collected per city ordinance for
all lots in the Arboretum Business Park.
24. Prior to recording the final plat, all legal descriptions
shall be reviewed and verified.
25. The developer agrees to waive any and all procedural or
substantive objections to the special assessments including,
but not limited to, hearing requirements and that the
assessments as outlined in the feasibility study for Project
No. 97 -1 (Coulter Boulevard Phase III) exceeds the benefit
to the property platted as Arboretum Business Park.
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.
SP -7
CITY OF CHANHASSEN
(SEAL)
BY:
Nancy K. Mancino, Mayor
AND:
Don Ashworth, City Manager
DEVELOPER:
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 19 , by Nancy K. Mancino, Mayor, and by
Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Tract 1:
The Southwest Quarter of the Northeast Quarter (SW 4 of NE YO; the Northeast
Quarter of the Northwest Quarter (NE Va of NW %); and the Northwest Quarter of the
Northeast Quarter (NW Y4 of NE %), all in Section 16, Township 116, Range 23,
according to the United States Government Survey thereof and situate in Carver
County, Minnesota.
Excepting:
That part of the Northwest Quarter of the Northeast Quarter of Section 16,
Township 116, Range 23 described as commencing at the Northwest corner thereof;
thence North 89 degrees 59 minutes 42 seconds East (assumed bearing) along the
North line of said Northwest Quarter of the Northeast Quarter a distance of 680
feet to the actual point of beginning of the land to be described; thence
continuing North 89 degrees 59 minutes 42 seconds East along said North line of
Northwest Quarter of the Northeast Quarter a distance of 328 feet; thence South 0
degrees 00 minutes 18 seconds East, 300 feet; thence South 89 degrees 59 minutes
42 seconds West, 398 feet; thence North 0 degrees 00 minutes 18 seconds West, 150
feet, thence North 89 degrees 59 minutes 42 seconds east, 70 feet; thence North
degrees 00 minutes 18 seconds West, 150 feet to the actual point of
beginning.
Being registered land as is evidenced by Certificate of Title No. 17069.
INFORMATION NOTE: The office of the Registrar of Titles advises that the Owner's
Duplicate Certificate is at the Torrens Office.
Tract 2:
That part of the Northwest Quarter of the Northeast Quarter of Section 16,
Township 116, Range 23 described as commencing at the Northwest corner thereof;
thence North 89 degrees 59 minutes 42 seconds East (assumed bearing) along the
North line of said Northwest Quarter of the Northeast Quarter a distance of 680
feet to the actual point of beginning of the land to be described; thence
continuing North 89 degrees 59 minutes 42 seconds East along said North line of
Northwest Quarter of the Northeast Quarter a distance of 328 feet; thence South 0
degrees 00 minutes 18 seconds East, 300 feet; thence South 89 degrees 59 minutes
42 seconds West, 398 feet, thence North 0 degrees 00 minutes 18 seconds West, 150
feet; thence North 89 degrees 59 minutes 42 seconds East, 70 feet; thence North 0
degrees 00 minutes 18 seconds West, 150 feet to the actual point of beginning,
according to the United States Government Survey thereof and situate in Carver
County, Minnesota.
Being registered land as is evidenced by Certificate of Title No. 17185.
INFORMATION NOTE: The office of the Registrar of Titles advises that the Owner's
Duplicate Certificate is at the Torrens Office.
SP -9
Tract 3:
The Southeast Quarter of the Northwest Quarter of Section 16, Township 116, Range
23, according to the United States Government Survey thereof and situate in
Carver County, Minnesota.
Excepting:
That part of the South Half of the Northwest Quarter (S % of NW 1 /. of Section 16,
Township 116 North, Range 23 West described as follows: Commencing at the
Southwest corner of said Northwest Quarter, thence South 89 degrees 57 minutes 35
seconds (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1410.72 feet; thence North 0 degrees 52 minutes 20 seconds West a
distance of 245.6 feet to the actual point of beginning of tract of land to be
described; thence continuing North 0 degrees 52 minutes 20 seconds West a
distance of 300 feet; thence South 89 degrees, 52 minutes 35 seconds East along a
line parallel with the South line of said Northwest Quarter a distance of 457
feet; thence South 0 degrees, 52 minutes 20 seconds East a distance of 300 feet;
thence North 89 degrees, 52 minutes, 35 seconds West along a line parallel with
the South line of said Northwest Quarter a distance of 457 feet to the point of
beginning.
Also excepting:
That part of the East Half of the Northwest Quarter of Section 16, Township 116,
Flange 23, lying Westerly of the centerline of State Highway No. 41 as traveled.
Abstract property.
Tract 4:
The Northeast Quarter of the Southwest Quarter of the Northwest Quarter (NE 1 /a of
SW '✓a of NW 3a) of Section 16, Township 116 North, Range 23 West, according to the
United States Government Survey thereof and situate in Carver County, Minnesota.
and
The Southeast Quarter of the Southwest Quarter of the Northwest Quarter (SE 1 /. of
SW U of NW %) of Section 16, Township 116 North, Range 23 West, according to the
United States Government Survey thereof and situate in Carver County, Minnesota.
and
The Southwest Quarter of the Southwest Quarter of the Northwest Quarter (SW Y4 of
SW N of NW %) of Section 16 Township 116 North, Range 23 West, according to the
United States Government Survey thereof and situate in Carver County, Minnesota.
SP -10
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
r
which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
Dated this day of
19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(512) 452 -5000
SP -11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be
platted, the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this agreement
has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the
City, 3) the plat has been recorded with the County Recorder's
Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have
been satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi -
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The City will, at the Developer's
SP -12
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.
s. 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
imp ose 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
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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 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
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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 trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping. Landscaping on Lot 1, Block 1, Arboretum
Business Park shall be installed by the property owner or there
assignee in accordance with Plan D.
Trees which can cause a public nuisance, such as cotton producing
trees, or can be a public hazard, such as bug infestation or weak
bark, are prohibited. The minimum tree size shall be two and
one -half (2%) 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,
monumentation required by the City
improvements shall be furnished and i
sole expense of the Developer.
18. House Pads. The Developer
City "as- built" plans indicating the
fill on any house pad location.
traffic signs, and wetland
as a part of the public
nstalled by the City at the
shall promptly furnish the
amount, type and limits of
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for
resident construction inspections. The fee shall be shall be
calculated as follows:
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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 (2 %) of construction
costs for the first $1,000,000 and one
and one -half percent (1% %) of
construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is
defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the Developer
shall reimburse the City for all 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,
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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
Postmaster's request.
in accordance with the local
C. Third Parties Third parties shall have no recourse
against the City under this Contract. The City is not a guarantor
of the Developer's obligations under this Contract. The City shall
have no responsibility or liability to lot purchasers or others for
the City's failure to enforce this Contract or for allowing
deviations from it.
D. Breach of Contract Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
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permits, including lots sold to third parties. The City may also
issue a stop work order halting all plat development until the
breach has been cured and the City has received satisfactory
assurance that the breach will not reoccur.
E. Severability If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits Building permits will be issued
in the plat once the plat is recorded; however, no utility hookup
will be permitted unless sanitary sewer, watermain, and storm sewer
have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface
and the site graded and revegetated in accordance with Plan B of
the development plans.
G. Waivers /Amendments The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution
of the City Council. The City shall not be waiverlor y take release gal
action to enforce this Contract
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
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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 under this
contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from
9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed
on Sundays or any recognized legal holidays. Under emergency
conditions, this limitation may be waived by the consent of the
City Engineer. Any approved work performed after dark shall be
adequately illuminated. If construction occurs outside of the
permitted construction hours, the Development shall pay the
following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations All site development and
construction must cease
for seven (7) calendar days
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
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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. 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.
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.
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. City of Chanhassen;
2. State of Minnesota, its agencies, departments
and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies,
departments and commissions.
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 to
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
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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
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.
V. Haul Routes Bluff Creek Drive from Trunk Highway
212 to Pioneer Trail (CSH 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.
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EXHIBIT C
ARBORETUM BUSINESS PARK
DEVELOPMENT DESIGN STANDARDS
Development Standards
a. Intent
The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is
to allow for more flexible design standards while creating a higher quality and more sensitive
proposal. All utilities are required to be placed underground. Each lot proposed for development
shall proceed through site plan review based on the development standards outlined below. The
PUD requires that the development demonstrate a higher quality of architectural standards and
site design. Other uses may be permitted as listed below if they are ancillary to a principal use in
the development. Commercial /retail uses are prohibited expect those uses specifically noted
below.
b. Permitted Uses
The permitted uses in this zone should be limited to light industrial, warehousing, and office as
defined below. The uses shall be limited to those as defined herein. If there is a question as to
whether or not a use meets the definition, the City Council shall make that interpretation.
Permitted uses may be allowed upon any lot within the development.
Light Industrial - The manufacturing, compounding, processing, assembling, packaging, or testing
of goods or equipment or research activities entirely within an enclosed structure, with no outside
storage. There shall be negligible impact upon the surrounding environment by noise, vibration,
smoke, dust or pollutants.
Warehousing - Means the commercial storage of merchandise and personal property.
Office - Professional and business office.
Health Services- establishments primarily engaged in furnishing medical, surgical and other
health services to persons.
Conferences /Convention Center - establishments designed to accommodate people in assembly,
providing conference and meeting services to individuals, groups, and organizations.
Indoor RecreatiomVealth Club - establishments engaged in operating reducing and other health
clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning.
Day Care - establishments providing for the care and supervision of infants and children on a
daily basis.
HoteUMotel- establishments engaged in furnishing lodging, or lodging and meals, to the general
public.
Utility Services - Water towers and reservoir.
Commercial uses (permitted on lots specified as commercial in development standards
tabulation box)
1. Restaurant, permitted on Lot 1, Block 3 or Lot 4, Block 4. (One stand alone restaurant.)
2. Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or
2, Block 1, only. (One convenience store.)
3. Banks, with or without drive up windows
Ancillary Uses (in conjunction with and integral to a primary use)
1. Fast Food (no drive - through and only in conjunction with and integral to a convenience
store).
2. Restaurant (only in conjunction with hotel /motel or convention/conference center).
3. Showroom - showroom type display area for products stored or manufactured on -site provided
that no more than 20 percent of the floor space is used for such display and sales.
4. Telecommunication Towers and Antennas
5. Car wash, in conjunction with convenience store.
Prohibited uses
• Contractors Yard
• Lumber Yard
• Home Improvement/Building Supply
• Garden Center
• Auto related including sales and repair
• Home furnishings and equipment stores
• General Merchandise Store
c. Setbacks
The development is regulated by the Highway 5 and the PUD Standards. There are no minimum
requirements for setbacks on interior lot lines in the PUD zone. The following setbacks shall apply:
Street Frontage
Minimum Setback
Buildin arking
Maximum Setback
Building/Parking
Hwys. 5 & 41
70/50
150
2
Coulter & North South Road 50/20 100
82 & West Local 1 30/20 NA
*Lot 5, Block 4, must only meet the maximum setback on one Highway frontage.
The average hard surface coverage does not include Outlots A and B. The PUD standard for
hard surface coverage is 70% for office and industrial uses. Any one site /lot can exceed the 70
percent requirement but in no case can the entire finished development exceed 70 percent.
a. Development Standards Tabulation Box
1. Building Area
Commercial sites may develop as office- industrial uses. Square footage for individual lots
may be reallocated within the development, by type, provided the maximum square footage
is not exceeded.
Building Square Footage Breakdown
Office
31%
368,000 / (432,000)
Light Industrial
31%
368,000 / (432,000)
Warehouse
31%
368,000 / (432,000)
Commercial
7%
81,000/(0)
Total
100%
1,186,000 / (1,295,000)
*includes the Wrase property. () represents conversion of commercial uses to office -
industrial uses
2. More than one (1) principal structure may be placed on one (1) platted lot.
3. Building height shall be limit 3 stories or 40 feet.
4. Lot 5, Block 4, is intended to accommodate a major corporate headquarters or office,
research, high end manufacturing with limited warehousing type user. While the majority
of the development is based on 30 percent office space, Lot 5 must have a minimum of 40
percent office use and include multi -story building(s).
e. Building Materials and Design
1. The PUD requires that the development demonstrate a higher quality of architectural
standards and site design. All mechanical equipment shall be screened with material
compatible to the building.
2. All materials shall be of high quality and durable. Masonry material shall be used. Color
shall be introduced through colored block or panels and not painted cinder block.
3. Brick may be used and must be approved to assure uniformity.
4. Block shall have a weathered face or be polished, fluted, or broken face.
5. Concrete may be poured in place, tilt -up or pre -cast, and shall be finished in stone, textured
or coated.
4
6. Metal siding will not be approved except as support material to one of the above materials
or curtain wall on office components or, as trim or as HVAC screen.
7. All accessory structures shall be designed to be compatible with the primary structure.
8. All roof mounted equipment shall be screened by walls of compatible appearing material or
camouflaged to blend into the building or background. Wood screen fences are prohibited.
All exterior process machinery, tanks, etc., are to be fully screened by compatible materials.
9. The use of large unadorned, pre - stressed concrete panels and concrete block shall be
prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate
and/or other patterning. All walls shall be given added architectural interest through
building design or appropriate landscaping. The buildings shall have varied and interesting
detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall
unrelieved by architectural detailing, such as change in materials, change in color,
fenestrations, or other significant visual relief provided in a manner or at intervals in
keeping with the size, mass, and scale of the wall and its views from public ways shall be
prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate
and/or other patterning. All walls shall be given added architectural interest through
building design or appropriate landscaping.
10. Space for recycling shall be provided in the interior of all principal structures or within an
enclosure for all developments in the Business Center.
11 Each buildings shall contain one or more pitched roof elements depending on scale and
type of building, or other architectural treatments such as towers, arches, vaults, entryway
projections, canopies and detailing to add additional interest and articulation to structures.
12. There shall be no underdeveloped sides of buildings visible from public right -of -ways.
All elevations visible from the street shall receive nearly equal treatment and visual
qualities.
£ Site Landscaping and Screening
1. Landscaping along Highways 41 and 5 shall comply with Buffer yard standard C (as per
city code). Coulter Boulevard, the north south street, and West 82 Street shall comply
with Buffer yard standard B. The master landscape plan for the Gateway PUD shall be the
design guide for all of the specific site landscape developments. Each lot must present a
landscape plan for approval with the site plan review process.
2. Storage of material outdoors is prohibited unless it has been approved under site plan
review. All approved outdoor storage must be screened with masonry fences and/or
landscaping.
3. Undulating or angular berms or elevation changes of 3' in height shall be placed along
Coulter Boulevard, and the North/ South Street. The berms shall be sodded or seeded at
the conclusion of each project Phase grading and utility construction. The required buffer
landscaping may be installed incrementally, but it shall be required where it is deemed
necessary to screen any proposed development. All required boulevard landscaping shall be
sodded.
4. Loading areas shall be screened from public right -of -ways. Wing walls may be required
where deemed appropriate.
g Signage
1. All freestanding signs be limited to monument signs. The sign shall not exceed eighty (64)
square feet in sign display area nor be greater than eight (8) feet in height. The sign
treatment is an element of the architecture and thus should reflect with the quality of the
development. The signs should be consistent in color, size, and material throughout the
development. The applicant should submit a sign package for staff review.
2. Each property shall be allowed one monument sign per street frontage.
3. The signage will have consistency throughout the development. A common theme will be
introduced at the development's entrance monument and will be used throughout.
4. Consistency in signage shall relate to color, size, materials, and heights.
5. The Gateway PUD shall be permitted two Gateway business identification signs. One sign
per project entrance, at West 82 and the north/south road and at Highway 41 and the
westerly roadway, shall be permitted. Said sign shall not exceed 80 square feet in sign area
nor be greater than eight feet in height.
6. Wall sign shall be permitted per city ordinance for industrial office park site.
7. All signs shall require a separate sign permit.
8. Signage for the main entrance on Highway 5 and the north/south road shall be reviewed and
approved by the Planning Commission and City Council.
h. Lighting
1. Lighting for the interior of the business center should be consistent throughout the
development. The applicant's proposal is consistent with the lighting standards for the PUD
ordinance. The plans do not provide for street lighting. As with previous industrial
parks /roadways, the City has required the developer to install street lights throughout the
6
street system. The street lights should be designed consistent with the existing lighting
along the existing Coulter Boulevard.
2. A decorative, shoe box fixture (high pressure sodium vapor lamps) with a square
ornamental pole shall be used throughout the development area for area lighting.
3 Lighting equipment similar to what is mounted in the public street right -of -ways shall be
used in the private areas.
4. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2
candle at the property line. This does not apply to street lighting.
L Alternative Access
1. Each site shall accommodate transit service within the individual development whenever
possible.
2. Pedestrian access shall be provided from each site to the public sidewalk and trail system.
3. The developer and site users shall promote and encourage Traffic Demand Management
Strategies.
4. Each site shall provide areas for bicycle parking and storage.