1ji Arboretum Village Final PlaCITYOF
C HASSEN
' Co,er Drive, PO Box 147
Min,esota 55317
Phone 612.937.1900
Genoa/Fax' 612. 937.5739
' £<x' 612,937.9152
' F~r 612.934.2524
~l~b wu,w. ti. &a,hassen.,ln. us
MEMORANDUM
TO:
FROM:
Scott Botcher, City Manager
Kate Aanenson, AICP, Community Development Director
/ '4
DATE: May 9, 2001
SUBJECT:
Arboretum Village Final Plat and PUD Agreement/Development
Contract
EXECUTIVE SUMMARY
Pulte Homes is requesting final plat of the first phase of their development,
Arboretum Village. Phase I includes 95 Lots or 200 dwelling units. The
development of the site is tied to the approval (by the City of Chanhassen) of the
sewer project BC 7 & 8 and the construction by MnDOT of West 78th Street. The
final plat for Pulte Homes will be the dedication mechanism for the necessary
right-of-way and easements to construct the sewer, water and West 78th Street. A
supplemental agreement with MnDOT for changes to the West 78th Street project
is also included for the Council's consideration.' '
This project required the review and approval of a land use amendment by the
Metropolitan Council. On May 9th the Met Council recommended approval of the
land use amendment. As a part of the subdivision, a site plan development
contract/PUD agreement is provided for your approval:
Staff is recommending approval °fthe final plat with conditions.
BACKGROUND
On March 12, 2001 the city council approved the following items. Following are
comments on items which are still applicable, have been modified or no longer
apply. Changes are in bold or strike out.
A Comprehensive Land Use Amendment from low density residential to medium
density residential and medium density residential to commercial; and approve the
ordinance for a Planned Unit Development rezoning property from Agricultural
Estate, A2, and Rural Residential, RR to Planned Unit Development Residential,
PUD-R, subject to the following conditions:
Contingcnt upon revicw and approval by thc Mctropolitan Council. Condition
has been met.
G~. o. f Chanhassen. A growing community with clean lakes, quality schools, a charming, downtown, thriving businesses, and beautifid parks. A great ~)lace to live, work, and play.
Kate Aanenson, Community Development Director
Arboretum Village Final Plat Review
May 9, 2001
Page 2
.
o
o
Compliance with the Development Standards (site plan dated October 23, 2000, revised February
7, 2001, and revised March 5, 2001.)
This resolution shall not entitle the owner of any land adjacent to the new development to seek
enforcement of any existing setback requirements in such a way as to prohibit tile development of
tile new planned unit development in accordance with it's approved conditions. And (b) shall not
entitle the owner of any land located in tile new planned unit developments to seek enforcement
of any existing setback requirements in such a way as to prohibit the construction, maintenance
and use of any adjacent land of buildings and structures that now are or would be currently
allowed by the zoning code as it now exists.
Contingent upon the following approvals:
a. The subdivision request.
b. Tile site plan review.
c. The Wetland Alteration Permit.
d. Tile Environmental Assessment Worksheet.
e. The Conditional Use Permit for subdivision in the Bluff Creek Overlay District.
The preliminary plat dated October 23, 2000, revised February 1, 2001, and March 5, 2001, for the
subdivision of 120.93 acres into 2 additions; 1~t Addition has 61 blocks including 164 units and
Outiots A-F, and the 2nd Addition has 35 blocks including 178 units and Outlots A-B with
modifications, subject to the following conditions:
lo
Final platting for the commercial area located in Outlot D shall include a .site plan review
and approval. Permitted uses and design guidelines are specified in the Design
Standards.
.
Submit soils report to the Inspections Division. This shall be done prior to issuance of any
building permits..
.
Submit strects namcs to the Building Department, for review prior to final plat approval.
Condition has been met.
4
An crosion control plan shall be incorporated on thc preliminary and final grading plans
and bc submitted to thc City for rcvicw and approval prior to City Council review. Thc
erosion control plan shall include, but not be limited to, Type III silt fence adjacent to all
wetlands and an erosion control blankct on the stecp slope adjacent to the castcrn
wetland. Staff recommends that the applicant use the City's Best Managcment Practiccs
Handbook for crosion control mcasurcs. This condition has been met.
.
All utility and street improvements shall be constructed in accordance with the latest
edition of the City's Standard Specifications and Detail Plates. Detailed street and utility
plans and specifications shall be submitted for staff review and City Council approval.
Kate Aanenson, Community Development Director
Arboretmn Village Final Plat Review
May 9, 2001
Page 3
The utility systems, upon completion, will be owned and maintained by the City. The
private streets shall be constructed to support 7-ton per axle design weight in accordance
with the City Code 20-1118 "design of parking stalls and drive aisles." The private
streets shall be located in a strip of property or easement 40 feet wide.
4
Wetland buffcr arcas shall be surveyed and staked in accordance with the City's wetland
ordinancc. Thc City will provide wetland buffer edge signs for the applicant to install
after thc utilitics havc been completed. The applicant shall pay the city $20 per sign.
This condition is repeated itt the wetland conditions.
o
The applicant shall provide detailed storm sewer calculations for 10 year and 100 year
storm cvcnts and provide ponding calculations for stormwater quality/quantity ponds in
accordancc with thc City's Surface Water Management Plan for review and approval
prior to City Council approval of the preliminary plat. The applicant shall provide
dctailed prc devcloped and post developed storm water calculations for 100 year storm
cvcnts and normal water level and high water level calculations in existing basins, created
basin, and/or creeks. Individual storm sewer calculations between each catch basin
scgmcnt will also be required to determine if sufficient catch basins are being utilized. In
addition, water quality ponding design calculations shall be based on Walker's Pondnet
model. Stormwatcr ponds must have side slopes of 10:1 for the first ten feet at the
normal water lcvel and no morc than 3'1 thereafter. Condition has been met.
.
Thc applicant shall cnter into a PUD agreement/development contract with the City and
provide thc neccssary financial secUrity to guarantee co~nplianCe with the terms of the
dcvclopmcnt contract. This cottditiott has been met.
o
The applicant shall apply fOr and obtain permits from the appropriate regulatory agencies,
i.e., Watershed District, Metropolitan Environmental Service Commission, Health
Department, Minnesota Pollution control Agency, Minnesota Department of Natural
Resources, and Minnesota Department of Transportation and comply with their
conditions of approval.
10.
Fire hydrants shall bc incorporated per the Fire Marshal's recommendations. This
condition has been met.
11.
The applicant shall include a draintile system behind the curbs to convey sump pump
discharge from units not adjacent to ponds or wetlands. -
12.
The appropriate drainage and utility easements shall be dedicated on the final plat for all
utilities and ponding areas lying outside the right-of-way. The easement width shall be a
minimum of 20 feet wide. Consideration should also be given for access and/or
maintenance of the ponding areas.
Kate Aanenson, Community Development Director
Arboretum Village Final Plat Review
May 9, 2001
Page 4
13.
14.
No berming or landscaping will be allowed within the right-of-way except landscaping
along the frontage road in accordance with the Trunk Highway 5 Corridor Study.
The lowest floor or opening elevation of all buildings shall be a minimum of 2 feet above
the 100-year high water level of adjacent ponds, wetlands or creeks.
15.
If importing or exporting material for development site grading is necessary, the
applicant shall supply the City with detailed haul routes and traffic control plans for
review and approval. Also, any off-site grading will require temporary easements.
16.
Thc cul de sac in the northeast corner of the site shall be revised to meet the minimum
street grade requirement of 0.75%. Staff also recommends that the cul de sac be moved
to thc west and possibly shortencd in length to minimize grading, tree loss, and the
impact to adjacent wetlands. This condition has been met.
17.
The applicant shall report to the City Engineer the location of any draintiles found during
construction and shall relocate or abandon the drain-tile as directed by the City Engineer.
18.
Access to the commercial parcel may be limited to a right in/right out along Century
Boulevard and a full-shared access off West 78th Street with the parcel to the east. A
cross access agreement will be required at the time of final platting.
19.
Site grades adjacent to West 78th Street, Century Boulevard, Trunk Highway 41 and"
,,
Trunk Highway 5 shall be compatible with the futm'e widening of Trunk Highway 5.
20.
Landscaped median islands maybe permitted within the public streets contingent upon
the developer entering into an encroachment agreement with the city and the medians do
not pose a traffic safety issue.
21.
A 5 foot wide sidewalk shall be added along the south side of the public street in the
northwest corncr of the site. This condition is no longer applicable.
22.
23.
A Conservation Easement prohibiting any alteration shall be created to preserve Outlots
E and F, the stand of trees adjacent to Highway 5, and the significant stands of trees to
the north of the McAlliste, r property. The conservation easement shall be dedicated in
Phase I. This condition has been modified to reflect that Outlots E, F and G are being
dedicated to the city. These are the significant area of trees. Language should be
added to state bt the form of the attached Conservation Easement (Exhibit D). The
developer shall convey to the city Outlots E, F and G by warranty deed free and clear of
all encumbrances.
Accessibility shall be provided to all portions of the development and a percentage of the
units may also be required to be accessible or adaptable in accordance with Minnesota
State Building Code Chapter 1341. Further information is needed to determine these
Kate Aanenson, Community Deveiop~nent Director
Arboretum Village Final Plat Review
May 9, 2001
Page 5
requirements.
24. Walls and projections within 3 feet of property lines shall be of one-hour fire-resistive
construction.
25.
Any building classified as an R-1 occupancy (a building containing three or more
dwelling units on the same property) and with over 8500 gross square feet of floor area
shall be protected with an automatic sprinkler system.
26.
A final grading plan and soils report must be to the Inspections Division before permits
can bc issued. This condition is a duplicate.
27.
The buildings will be required to be designed by an architect and engineer as determined
by the building official.
28.
The developer and or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
29. Landscaping and tree preservation:
Tree protection fencing shall be installed prior to construction around all areas designated
for preservation.
bo
All evergreens used as overstory trees in buffer y~/rd areas shall be increased to a
minimum height of 8 feet. The plant schedule on the landscape plan shall be
changed to reflect this-requirement.
The minimum number of shrubs shall be required in buffer yard areas along
Highways 5 and 41. Applicant shall work with staff to meet minimum
requirements for shrubs along West 78th Street.
d. Boulevard trees along West 78th Street shall be spaced 55 feet apart.
eo
All Colorado spruce specified in landscape plans shall be replaced by a new
selection of evergreen.
Rcvisc plant schedule to show seven foot evergreens for understory trees. This
condition has been met.
g.
Proposed trail along the eastern property line shall be realigned and field located in
order to completely avoid tree # 1743 and the majority of its roots.
h. A revised landscape plan shall be submitted to the city for approval.
Kate Aanenson, Community Development Director
Arboretum Village Final Plat Review
May 9, 200t
Page 6
The applicant shall work with city staff to preserve any or all of the following trees:
#1369 (52" oak), #1743 (60" oak), #1742 (48" oak), #2173 (42" oak), and #1881
(36" maple).
A walk through inspection of the silt/tree preservation fence shall be required prior
to construction.
ko
Remove the stormwater pond located at the corner of Highways 5 and 41. A
revised landscaping plan shall be submitted. This plan shall include wetland
vegetation and appropriate plantings for buffering from the intersection including
berming. These plans shall be revised and approved by the City Council at the time
of final plat. This condition has been met.
30.
Before the final plat the restrictive covenants shall be approved by staff. This condition
has bee~t met.
31.
The outlot west of Highway 41 shall be consistently referred to as Outlot F on all plans.
This condition has been met.
32.
To ensure clear communication the applicant shall have all homebuyers sign a disclosure
statement that would be part of their restrictive covenants. The statement shall include
information about Miss Rosie's Petting Farm, Gateway Group Home and potential future
road extension. Signed statements shall be submitted to, the City.
Staff should consult with DNR regarding the necessity to relocate turkeys. This condition
has been met.
34.
Staff shall prepare a report regarding trees for fees options. This condition has been met.
35.
Platted right of way width for Tanadoona Drive shall be increased to 50 feet. Outlot F is
being dedicated to the city, so the right of way is controlled by the city. The developer
shall convey to the city Outlot F by warranty deed free and clear of all encumbrances.
36.
The applicant will be responsible (escrow security) for a portion of the cost of the future
traffic signal at the intersection of Trunk Highway 4 t and West 78th Street.
37.
The main loop streets north a.nd south of West 78th Street and the street accessing the city
park in the northeast corner shall be a public street. These shall be a 60 foot right-of-way
but the city will approve design standards (less than standard pavement width). This
condition has been met. The right of way is 60feet with a standard asphalt width of
31feet. The rain#hum house set back from the edge of right of way is 7feet staff is
recommending 10 feet.
Kate Aanenson, Com~nunity Development Director
Arboretum Village Final Plat Review
May 9, 2001
Page 7
38.
Acccss to thc McAllistcr parccl in the northwest comer shall be provided to the parcel
through thc cxtcnsion of a public street which terminates at the property line. Sanitary
sewer shall also be extended to the property line of the McAllister property.
39.
The developer shall work with the city to accomplish city goals for housing including the
provision of"affordable housing" a minimum of 30% of the ownership housing shall
meet the criteria established for affordability by the Metropolitan Council. The developer
shall also work with the City on affordability mechanisms for Income Qualifying and
Maintenance of Affordability.
40.
Blocks 33 35, Lots 1 and 2 (6 units) of Phase I shall be relocated north of West 78m
Street. All units along the perimeter of the development north of West 78v~ Street shall be
twin homcs. This condition has been met.
Site Plan Revie~v #99-21 for 20 club homes, 98 manor homes, 68 coach homes, 164 village homes, as
shonvn in revised plans dated February 1, 2001 and March 5, 2001, subject to the follo~ving
conditions:
o
The development must comply with the Arboretum Village Development Design
Standards. Exhibit C
.
Thc opcn spacc north of thc shortened cul de sac (approximately 5 acres) be preserved as
park dedication cxcluding land in the primary corridor and the stormwater pond. The
area along thc castcrn edge of the development shall not be dedicated for parkland. This
condition has been met.
o
The remaining park dedication requirement be collected in cash in the amount of
$18,646 prior to the City signing the final plat.
o
Pulte Homes shall construct the north and east wetland trail as Public amenities with
reimbursement from the city's trail dediCation fund. All necessary public easements
required to accommodate these trails shall be dedicated to the city.
o
Full trail dedication fees be collected bt the amount of $29,265 prior to the City signbtg
the final plat.
6. All remaining open space areas'be protected by a conservation easement.
Conditions 3-6 should be in the subdivisiOn conditions.
o
Thc Planning Commission recommends that The following design standards be
incorporated in the development:
a. Vinyl shakes are an acceptable material on all home styles.
Kate Aanenson. Community Development Director
Arboretum Village Final Plat Review
May 9, 2001
Page 8
b. Prohibit shiplap siding.
Specify that all buildings use UL Class A asphalt/fiberglass shingle, 230 pounds or
better.
d. All foundation walls be screened by landscaping or retaining walls.
Central air conditioning shall be included in the base price of all homes per the
EAW noise abatement recommendation.
The percent of brick and other materials for each building style shall be built as
per Attachment E.
Commercial design standards shall prohibit standing seam siding as a curtain wall.
h. The applicant shall provide benches in the totlot areas.
No adjacent unit shall have the same fl'ont elevation colors or architectural styles with any 4
types of homes. Materials to be consistent with the Arboretum Village elevation
materials dated 2-7-01.
Wetland Alteration Permit #00-4 to fill .54 acres of wetlands in two separate basins as per plans
revised February 1, 2001, subject to the following conditions: '
The applicant shall resolve the cncroachment of the following structures into the wetland
buffer setback:
Phase I:
Outlot A, V2 Court Baskctball
Phase II:
Outlot A, Lot 12
This condition has been met.
o
The applicant shall provide an invert elevation for the proposed storm sewer inlet on the
upstream side of Drainagcway 1 to ensure that wetland loss will not occur due to
excessivc drainagc of the drainageway and t° ensure that the drainageway will not
become wetter. This condition has been met.
.
Wetland buffers of 0-20 feet with a minimum average width of 10 feet shall be provided around
Basins B and C.
4. Wetland mitigation areas must be constructed prior to wetland impacts occurring.
Kate Aanenson, Community Development Director
Arboretum Village Final Plat Review
May 9, 2001
Page 9
o
Wetland mitigation must occur in a manner that is consistent with the Minnesota Wetland
Conservation Act (MR 8420).
o
The applicant shall provide proof of property ownership for Outlot F, as well as a
Declaration of Restrictions and Covenants for Replacement Wetland. The ottly
conservation easement required shall be the area north of Hwy. 5 in the trees. The
rest of the park dedication area (Outlots E, F & G) is being conveyed to the city.
7. The applicant shall submit a wetland banldng application. This condition has been met.
Silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer
is to be preserved, at the delineated wetland edge.
Oo
The applicant shall re-seed any disturbed wetland areas with MnDOT seed mix 25 A, or a
similar seed mix which is approved for wetland soil conditions.
10.
11.
Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, buffer areas used for mitigation credit and storm water ponds. The
wetland easement shall be dedicated as a part of Phase I.
Wetland buffer areas shall be surveyed and staked in aCcordance with the City's wetland
ordinance. In addition, the applicant shall provide vegetative barriers to define buffer
edges. The applicant will install wetland buffer edge signs, under the direction of City
staff, before construction begins and will pay the City $20 per sign.
12.
13.
NURP ponds shall be constructed/expanded in conjunction with the constructiOn of Phase
1.
·
Based on the proposed developed area of 6d.66 50.06 acres, the water quality fees
associated with this project are $98,929.80 $76,591.80 and the water quantity fees
associated with this project are $192,363.50 $148,928.50. The applicant will be credited
for water quality where NURP basins are Provided to treat runoff from the site. This will be
determined upon review of the ponding and storm sewer calculations. Credits may also be
applied to the applicant's SWMP fees for oversizing in accordance with the SWMP or the
provision of outlet structures. The applicant will not be aasessed for areas that are dedicated
outlots. No credit will be given for temporary pond areas. The applicant.is providing
water quality ponding for 40.28 acres and one outlet structure; and is therefore eligible
for a water quality credit of $64,128.40.' The total water quantity and quality fees due
are then $161,391.90.
14.
Thc applicant shall modify the wetland replacement plan to accommodate the proposed
realignmcnt of Tanadoona Drive.
15.
Thc applicant shall dcmonstrate that no unintentional wetland impact will occur when
Pond 2 is cxcavated adjaccnt to the existing wetland.
Kate Aanenson, Community Development Director
Arboretum Village Final Plat Review
Ma>' 9, 2001
Page 10
16.
The applicant shall provide storm water quality and quantity calculations for Ponds 1 and
17.
The applicant shall contact thc Minnesota Department of Transportation regarding the
proposed location of Pond 2 to ensure compliance with MnDot standards and
requirements.
18. Thc applicant shall provide access to Pond 2 for maintenance purposes.
ANAYLSIS
The final plat request for the first addition of the development includes 36 Blocks and 95 Lots
(200 dwelling units) and 10 outlots. Outlots A, B & C is the common area for the homeowners
association. Outlot D is the future commercial area. Outlots E, F and G will be dedicated to the
city for open space. Outlot H and I and will be platted in phase 2o Outlot J is the areajust south
of the McAllister property. Access to the McAllister property would be restricted by creation of
this outlot. This is prohibited by city ordinances.
In order to allow flexibility in the PUD yet require public street the setback was reduced. The
development proposes the setback from the right of way at a minimum of 7 feet. Staff is
recommending a minimum of 10 feet only on Arboretum Village Trail otherwise the setback
from paved surface should be 20 feet.
·
GRADING
The site mainly consists of rolling terrain that was employed in agricultural practices in the past.
There are a couple of .,wooded areas and isolated wetlands. Existing wetlands on site are
proposed to be impacted by development. A wetland alteration permit will be required. 'Most of
the wooded areas are being retained. A tree conservation/preservation easement is required to
preserve the woodland areas in the southeast corner of the site.
The site will be impacted by the upgrading of Trunk Highway 5 and the future construction of
West 78th Street. MnDOT is currently constructing Trunk Highway 5 and anticipates completion
th u hthe sub ect ro crt is
in the summer of 2002. The construction of West 78 Street thro g ,j p p y '
scheduled for the summer of 2001. The phasing plan includes redirecting traffic from Trunk
Highway 5 onto the new West. 78th Street frontage road in fall 2001. With all the proposed
construction activity and rerouting of traffic, access to the site may be difficult. The 'applicant
should work closely with MnDOT in coordinating street grades and access to the site.
Berming has been provided along West 78th Street, Trunk Highway 41, and Trunk Highway 5.
This is important because there is no noise abatement proposed with the Trunk Highway 5
project. MnDOT will also have to review and approve the grading plan to ensure compatibility.
Kate Aanenson, Community Develop~nent Director
Arboretuln Village Final Plat Review
May 9, 2001
Page 11
If importing or exporting material for development of the site is necessary, the applicant will be
required to supply the City with detailed haul routes and traffic control plans. Also, any off-site
grading will require temporary easements.
UTILITIES
Currently, there is no municipal sewer or water service available to the site. In conjunction with
the upgrade of Trunk Highway 5, MnDOT and the City are coordinating to extend water service
along West 78th Street from Galpin Boulevard. The timing of MnDOT's project is not controlled
by the City. StafFs conservative estimate is that the earliest water would be available is early
fall of 2001. Sanitary sewer is located east of Galpin Boulevard just north of Trunk Highway 5.
Sanitary sewer will be extended across Galpin Boulevard with the Trunk Highway 5 project.
The City's BC-7/BC-8 trunk utility project will extend sanitary sewer further to the west. The
proposed sanitary sewer line will not be available for connection until fall of 2001 at the earliest.
In conjunction with the BC-7/BC-8 project and the Trunk Highway 5 reconstruction project, the
property is subject to special assessments. The total assessments due payable to the City for the
BC-7/BC-8 Trunk Utility Project are $444,600.00 and for the Trunk Highway 5 Project are
$254,737.00. Sanitary sewer and water hookup fees will be collected at the time of building
permit issuance.
Utility improvements throughout the site will have to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans
and specifications have been submitted for staff review. The applicant will also be required to
enter into a PUD Agreement/development contract with the Ci{y and supply the necessary
financial security in the form of a letter of credit or cash escrow to guarantee installation of the
improvements and conditions of final plat approval. The utility system, uPOn completion, will be
owned and maintained by the City. Appropriate drainage and utilitY easements will need to be
dedicated on the final plat for any utilities which fall outside the dedicated right-of-way.'
DRAINAGE
A storm water management plan has been developed in accordance with the City's Surface
Water Management Plan. The large storm water retention pond located at the southwest corner
of Century Boulevard and West 78th Street will be constructed and owned by MnDOT in
conjunction with the Trunk Highway 5 upgrade. The plans propose enlarging this pond to
accommodate runoff from the southern half of the site. This will require MnDOT review and
approval. Another storm water pond is protPhOSed in the northeast corner of the site. This pond
will drain most of the site north of West 78t Street.
Soils throughout Chanhassen have a very high moisture content. Groundwater has been observed in
other projects in the area. Seasonal and annual fluctuations of the groundwater should be
anticipated. Staff recommends the construction of drain tile systems behind the proposed curbs to
intercept and convey household sump pump discharge. The City has, in the past, experienced
Kate Aanenson, Community Development Director
Arboretum Village Final Plat Review
May 9, 2001
Page 12
hazardous conditions for the public through the discharge of sump pumps in the streets, i.e. icy
conditions in the winter as well as algae buildup in the summer.
STREETS
Overall, the street system is fairly well designed. West 78th Street, which is the major east/west
collector street through the site, appears to conform with MnDOT/City plans. Timing of West
78th Street is of major concern. The phasing plan for Trunk Highway 5 is to construct West 78th
Street from Century Boulevard to just east of Audubon Road and use it for a detour route while
Trunk Highway 5 is being reconstructed.
West 78~1' Street is classified as a collector street in the City's Comprehensive Plan and
designated as an MSA route. The street will be constructed 36' wide face to face with multiple
auxiliary turn lanes and traffic delineation/medians at the intersections of Century Boulevard and
Trunk Highway 41. The turn lane medians will limit access points to the site.
Access to the commercial parcel located in the southeast corner of Century Boulevard and West
78th Street is also a concern. There is additional land just to the east of the commercial site that
will mostly likely develop in a similar land use. Due to medians on both Century Boulevard and
West 78th Street, access to the site will be very limited. Staff believes it may be feasible to
provide a right-in/right-out on Century Boulevard and a full ac6ess towards the easterly side of
the commercial parcel. This full access will eventually have to be shared with the future
development of the parcel to the east. Cross-access/maintenance agreements would need to be
recorded against the parcel to provide future access needs for the adjacent parcel.
The roads that access West 78th Street are all proposed as public streets. The public streets shall
be constructed in accordance with City requirements for urban street sections, which is 31' back-
to-back with concrete curb and gutter. In areas where turn lanes are proposed, the right-of-way
and streets will need to be wider.
The applicant is proposing private streets to serve the villas and cottage homes. The proposed
private streets are similar to the Walnut Grove development adjacent to Galpin Boulevard north
of Trunk Highway 5. City code requires a 24-foot ,,vide minimum private street with no parking
unless the street serves less then four dwellings at.which time the street may be 20-feet wide.
The private streets will need to be constructed to meet a 7-ton per axle design weight criteria.
Cross access and maintenance agreements will need to be developed and recorded against the
benefited parcels. Deadends must provide a turnaround acceptable to the Fire Marshal based
upon applicable Fire Codes. If on street parking is desired, a wider street section, minimum 28'
wide, should be designed. The private street system will need to be located within a strip of
property at least 40' wide. This width should be adequate to satisfy the required drainage and
utility easements over the proposed utilities.
Kate Aanenson, Community Development Director
Arboretum Village Final Plat Review
May 9, 2001
Page 13
In conjunction with the Trunk Highway 5 project, a trail system will be constructed along Trunk
Highway 5 between Trunk Highway 41 and Century Boulevard as well as along the south side of
West 78th Street. The applicant has incorporated these trail systems into the plans. A number of
additional interior trails have also been proposed. The applicant should be advised that these
trails will be considered private and, therefore, not maintained by the City. A sidewalk system
has been incorporated along the public streets and will connect to the trail system on West 78th
Street.
EROSION CONTROL
An erosion control plan has been submitted to the City for review and approval. The plan
includes Type III silt fence adjacent to all wetlands and an erosion control blanket on all steep
slopes. There are also three rock construction entrances shown off of West 78th Street. All
disturbed areas, as a result of construction, shall be seeded and mulched or sodded immediately
after grading to minimize erosion.
MISCELLANEOUS
City Council approval of this development is necessary for a couple of reasons. First, Pulte
Homes is dedicating the necessary right-of-way for the extension of West 78th Street from
Century Boulevard to Trunk Highway 41. In order for the City to sign a Perrnit to Construct and
a supplemental agreement with MnDOT for West 78th Street, the necessary right-of-way must be
dedicated. MnDOT is also requiring Pulte Homes to sign a Peh'nit to Construct for West 78th
Street. In addition, Pulte Homes is dedicating the necessary easements for the City's BC-7/BC-8
Trunk Utility Project. Without these easements and the special assessments which Pulte Homes
is paying, the City could not do the BC-7/BC-8 project. .
RECOMMENDATION
The City Council approves the final plat for Arborteum Village for 36 Blocks 95 lots (200 units)
and 10 outlots, and right-of-way dedication for Highway 5, Highway 41, West 78th Street,
Century Boulevard and Trail, and Arboretum Village Trail and Circle as shown on Attachment F
and the plans stamped "Received April 23,2001" with the following conditions.
Final platting for the commercial area located in Outlot D shall include a site plan review
and approval. Permitted uses and design guidelines are specified in the Design Standards.
o
Submit soils report to the Inspections Division. This shall be done prior to issuance of any
building permits.
o
All utility and street improvements shall be constructed in accordance with the latest
edition of the City's Standard Specifications and Detail Plates. Detailed street and utility
plans and specifications shall be submitted for staff review and City Council approval.
The utility systems, upon completion, will be owned and maintained by the City. The
Kate Aanenson, Community Development Director
Arboretum Village Final Plat Review
May 9, 2001
Page 14
private streets shall be constructed to support 7-ton per axle design weight in accordance
with the City Code 20-1118 "design of parking stalls and drive aisles." The private
streets shall be located in a strip of property or easement 40 feet wide.
4~
The applicant shall apply for and obtain permits fi'om the appropriate regulatory agencies,
i.e., Watershed District, Metropolitan Environmental Service Commission, Health
Department, Minnesota Pollution control Agency, Minnesota Department of Natural
Resources, and Minnesota Department of Transportation and comply with their
conditions of approval.
5~
The applicant shall include a draintile system behind the curbs to convey sump pump
discharge from units not adjacent to ponds or wetlands.
6~
The appropriate drainage and utility easements shall be dedicated on the final plat for all
utilities and ponding areas lying outside the right-of-way. The easement width shall be a
minimum of 20 feet wide. Consideration should also be given for access and/or
maintenance of the ponding areas.
.
No berming or landscaping will be allowed xvithin the right-of-way except landscaping
along the frontage road in accordance with the Trunk Highway 5 Corridor Study.
8~
The lowest floor or opening elevation of all buildings shall be a minimum of 2 feet above.
the 100-year high water level of adjacent ponds, wetlands or creeks.
.
If importing or exporting material for development site grading is necessary, the
applicant shall supply the City with detailed haul routes and traffic control plans for
review and approval. Also, any off-site grading will require temporary easements.
10.
The'applicant shall report to the City Engineer the location of any draintiles found during
construction and shall relocate or abandon the drain-tile as directed by the City Engineer.
11.
Access to the commercial parcel may be limited to a right in/right out along Century
Boulevard and a full-shared access off West 78th Street with the parcel to the east. A
cross access agreement will be required at the time of final platting.
12.
Site grades adjacent to West 78th Street, Century Boulevard, Trunk Highway 41 and
Trunk Highway 5 shall be compatible with the future widening of Trunk Highway 5.
13.
Landscaped median islands maybe permitted within the public streets contingent upon
the developer entering into an encroachment agreement with the city and the medians do
not pose a traffic safety issue.
14.
A Conservation Easement prohibiting any alteration shall be created to preserve the stand
of trees adjacent to Highway 5. The conservation easement shall be dedicated in Phase I.
Kate Aanenson, Community Development Director
Arboretum Village Final Plat Review
May 9, 2001
Page 15
Language should be added to state in the form of the attached Conservation Easement
(Exhibit D). The developer shall convey to the city Outlots E, F and G by warranty deed,
free and clear of all encumbrances.
15.
Accessibility shall be provided to all portions of the development and a percentage of the
units may also be required to be accessible or adaptable in accordance with Minnesota
State Building Code Chapter 1341. Further information is needed to determine these
requirements.
16.
Walls and projections within 3 feet of property lines shall be of one-hour fire-resistive
construction.
17.
18.
19.
20.
Any building classified as an R-1 occupancy (a building containing three or more
dwelling units on the same property) and with over 8500 gross square feet of floor area
shall be protected with an automatic sprinkler system.
The buildings will be required to be designed by an architect and engineer as determined
by the building official.
The developer and or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
Landscaping and tree preservation:
ao
be
de
Tree protection fencing shall be installed prior to construction around all areas designated
for preservation.
ee
All evergreens used as overstory trees in bUffer yard areas Shall be increased to a
minimum height of 8 feet. The plant schedule on the landscape plan shall be
changed to reflect this requirement.
The minimum number of shrubs shall be required in buffer yard areas along
Highways 5 and 41. The applicant shall work with staff to meet minimum
requirements for shrubs along West 78th Street.
Boulevard trees along West 78th Street shall be spaced 55 feet apart.
All Colorado spruce specified in landscape plans shall be replaced by a new
selection of evergreen.
Proposed trail along the eastern property line shall be realigned and field located in
order to completely avoid tree #1743 and the majority of its roots.
g. A revised landscape plan shall be submitted to the city for approval.
Kate Aanenson, Commtmity Development Director
Arboretum Village Final Plat Review
May 9, 2001
Page 16
ho
The applicant shall work with city staff to preserve any or all of the following trees:
#1369 (52" oak), #1743 (60" oak), #1742 (48" oak), #2173 (42" oak), and #1881
(36" maple).
A walk through inspection of the silt/tree preservation fence shall be required prior
to construction.
21.
To ensure clear communication the applicant shall have all homebuyers sign a disclosure
statement that would be part of their restrictive covenants. The statement shall include
infm-mation about Miss Rosie's Petting Farm, Gateway Group Home and potential future
road extension. Signed statements shall be submitted to the City.
22.
Outlot F is being dedicated to the city, so the right-of-way is controlled by the city. The
developer shall convey to the city Outlot F by warranty deed, free and clear of all
encumbrances.
23.
The applicant will be responsible (security) for a portion of the cost of the future traffic
signal at the intersection of Trunk Highway 41 and West 78th Street.
24.
The main loop streets north and south of West 78th Street and the street accessing the city
park inthe northeast corner shall be a public street. These shall be a 60 foot right-of-way
but the city will approve design standards (less than standard pavement width). A
standard asphalt width of 31 feet.
,,
25. Sanitary sewer shall also be extended to the property line of the McAllister property.
26.
The developer shall work with the city to accomplish city goals for housing including the
provision of"affordable housing" a minimum of 30% of the ownership housing shall
meet the-criteria established for affordability by the Metropolitan Council. The deVeloper
shall also work with the City on affordability mechanisms for Income Qualifying and .
Maintenance of Affordability.
27.
The remaining park dedication requirement be collected in cash in the amount of $18,646
prior to the City signing the final plat.
28.
Pulte Homes shall construct the north and east wetland trail as public amenities with
reimbursement from the city's trail dedication fund. All 'necessary public easements
required to accommodate these trails shall be dedicated to the city.
29.
Full trail dedication fees be collected in the amount of $29,265 prior to the City signing
the final plat.
30.
The open space north of Highway 5 shall have a conservation easement. Language should
be added to state in the form of the attached Conservation Easement.
Kate Aanenson, Community Development Director
Arboretum Village Final Plat Review
May 9, 2001
Page 17
31. Access to the McAllister property must be provided over Outlot J.
32.
City Improvement Project 97-6A will provide trunk and lateral watermains to serve the
project. Based upon estimated project costs, the special assessment for the project is
estimated to be $254,737. The amount of the final assessment will be adjusted based
upon final project costs and assessment apportionment. The Developer waives any and
all procedural and substantive objections to the public improvements and special
assessments, including but not limited to hearing requirements and any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal rights
otherwise available pursuant to M.S.A. § 429.081.
33.
City Improvement Project No. 00-01, BC-7/BC-8 will provide trunk and lateral sewer
and water utilities to serve the project. Based upon estimated project costs, the special
assessment for the project is estimated to be $582,596. The amount of the final
assessment will be adjusted based upon final project costs and assessment apportionment.
The Developer waives any and all procedural and substantive objections to the public
improvements and special assessments, including but not limited to hearing requirements
and any claim that the assessments exceed the benefit to the property. The Developer
waives any appeal rights otherwise available pursuant to M.S.A. §429.081.
34.
Pulte Homes of Minnesota Corporation shall sign the Minnesota Department
Transportation Permit to Construct for West 78th Street.
of
35.
Sanitary sewer and water hookup charges shall be collected at the time of each building
permit issuance. The current 2001 hookUp charges are $1,322 for sanitary sewer and $1,723
for water.
ATTACHMENTS
o
2.
3.
4.
5.
6.
7.
Arboretum Village Lot Areas.
Conservation Easement
Site Plan Permit.
Conditional Use and Wetland Alteration Permit
Design Standards
Final plat dated stamped Received April 23,2001.
Site plan dated stamped Received April 23,2001.
g:XplanXkaXarboretum village final plat.doc
ARBORETUM VILLA GE
LOTAREAS
Area Area
Lot Block Area (SF) (Acres) Lot Block Area (SF) (Acres)
1 1 6,685 0.1535 1 18 1,800 0.0413
2 1 6,685 0.1535 2 18 1,800 0.0413
3 1 6,685 O. 1535 1 19 1,800 0.0413
4 1 6,685 0.1535
5 1 5,217 0.1198 1 20 3,240 0.0744
-
6 I 6,685 0.1535 2 20 3,240 0.0744
7 1 5,217 0.1198 1 21
8 1 6,685 0.1535 2 21
9 1 397,177 9.1179 1 22
1 2 6,685 0.1535
2 2 5,217 0.1198
3 2 5,217 0.1198 2 23
4 2 5,217 0.1198 1
3,240 0.0744
3 24O
0.0744
0.0744
3 240
2 22 3 240 0.0744
1 23 3 240 0.0744
3 240
0.0744
5 2 57,001 1.3086 2 24 3 240 0.0744
I 3 9,540 0.2190 I 25 .... ~;80~ ...... 0.~4'13--
.... ~ ...... 3 9,540 0.2190 2 25 1 800 0~'~'
3 3 9,271 0.2128 1 26 1.800 0.0413
...
4 3 6,068 0.1393 2 26 1.800 0.0413
5 3 9,540 0.2190 I 27 1,800 0.0413
6 3 9,540 0.2190 2 27 1,800 0.0413
7 3 9,540 0,2190 1 28 1 8~ ....... 0.~3-'
..... 8 ....... 3 105,385 2,4193 2 ...... 28 I 880 ...... 0;0413,
1 4 1,800 0.0413 1 ..... 29 '-~-80~
..... 2 4 1,560 0.0358 2 29 - ~ 88'0 ....... 0~0~i3-
.... 3 ........ ~'-- 1,~0 0.0358 1 ..... ~0 ...... ~'8~6 ........0.04~-
4 4 1,800 0.0413 2 30 1 800 0.0413
I 5 1,800 0.0413 1 31 1 800 0.0413
2 5 1,560 0.0358 2 , 31
3 5 1 800 0.0413 .......... ~ ........ 32 .... ~8~0
..... ~ ........ 6 I 800 0.0413 2 3~ ......... ~00
..............................................2 6 1 560 0.0358 i ............. 3~ .... i~' 1-800 ..... 0;6413-
3 .... 6 1 800 0.0413 2 ..... -33-- ...... ~-800 ........
1 7 1 800 0.0413 1 '- 34 1 80~
2 7 I 767 0.0406 2 34 1 800 0.0413
1 8 1 778 0.0408 1 ' 35 1 800 0.0413
2 8 1 560 0.0358 2 35 1 800 0.0413
3 8 1 800 0.0413 1 36 1 800 0.0413
t 9 I 800 0.0413 2 36 1 800 0.0413
2 9 1 560 0.0358
3 9 I 800 0.0413
I 10 1 800 0.0413 Outlot A 198,718 4.5619
2 i0 1 800 0.0413 Outlet ~ .......... ~9~9i9 ..... 0.4573'-
I 11 1 800 0.0413 Outlot C 47,247 1.0846
2 11 1,560 0.0358 Outlot D '~ ~810~8 ..... 2~'98 '
3 11 1,560 0.0358 Outlot E 132,127 3.0332
4 11 1,800 0.0413 Outlot F 480,007 11.0194
1 12-- 1,800 0.0413 Outlot G 1,593,257
2 12 1,800 0.0413 Outlot H 388,116 8.9099
1 13 1,800 0.0413 Outlotl 308,072 7.0724
2 13 1,800 0.0413 OutlotJ 4,299 0.0987
I 14 1,800 0.0413 Highway 5 514,215 11.8048
2 ..... i~,-- 1,800 0.0413 Highway 41 - ~-6~,'~37 '-'7.01'88-'
1 15 1,800 0.0413 W. 78th St. 159,208 3.6549
2 15 1,800 0.0413 Century Blvd. & Tr. -~5~9~,~ ..... ~97~9--
1 16 1,800 0.0413 Arb. Vii. Trail 28,593 0.6564
2 16 1,800 0.0413 Arb. Vii. Circle 71,639 1.6446
----1 ........ i7---- 1,800 0.0413
2 17 1,800 0.0413 TOTAL 5,306,301 121.8159
_
CONSERVATION EASEMENT
THIS INSTRUMENT made this
day of ,2001, by and
between Pulte Homes of Minnesota Corporation, a Minnesota corporation ("Grantor") and the
City of Chanhassen, a Minnesota municipal corporation ("City").
The Grantor, in consideration of good and valuable consideration paid by .the City, the
receipt and sufficiency of which is hereby acknowledged, grant unto the City a permanent
conservation easement for the purposes set forth in this instrument, over, under, and across the
premises described in the attached Exhibit A ("Subject Propert, y").
1. Grantor and for its heirs, successors, and assigns, agree that the following are
prohibited in perpetuity on the Subject Property:
. .
..
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, clothesline poles, and
playground equipment.
B,
Cutting, removing, or altering trees or other vegetation, except for noxious
weed control by or as directed by a governmental agency.
Co
D,
E,
Excavation or filling.
Application of fertilizers, whether natural or Chemical.
Application of chemicals for the destruction or retardation of vegetation.
F. The deposit of waste, yard waste, or debris.
Go
The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
H. Outside storage of any kind.
Activity detrimental to the preservation of the scenic beauty, vegetation
and wildlife.
2. Grantors and for it heirs, successors, and assigns, further grant to the City the
affirmative right, but not the obligation to do the following on the Subject
Property:
Ao
Preserve, improve, and enhance the slope, trees, vegetation, and natural
habitat by altering, clearing, and removing trees or other vegetation, by
changing the contour of the land, and by planting trees or other vegetation.
m~
Enter upon the Subject Property at any time to enforce compliance with
terms of this instrument.
PULTE HOMES OF MINNESOTA CORPORATION,
a Minnesota corporation
By:
Its:
CITY OF CHANHASSEN,
a Minnesota municipal corporation
By:
Mayor
And:
City Manager
This instrument was drafted by:
Gary C. Wilkerson
Wilkerson & Hegna, P.L.L.P.
One Corporate Center III, Suite 300
7300 Metro Boulevard
Edina, MN 55439-2302
(952) 897-1707
21972dt-conser-easel.doc
EXHIBIT A
That part of Lot 9, Block 1, ARBORETUM VILLAGE, according to the recorded plat
thereof, Carver County, Minnesota, described as follows:
Beginning at the southeast corner of said Lot 9; thence on an assumed
bearing of South 88 degrees 31 minutes 37 seconds West, along the south
line of said Lot 9, a distance of 531.79 feet; thence North 30 degrees 29
minutes 14 seconds West 56.32 feet; thence North 11 degrees 52 minutes
37 seconds East 48.79 feet; thence North 03 degrees 03 minutes 38
seconds West 93.51 feet; thence North 31 degrees 59 minutes 03 seconds
East 54.23 feet; thence North 07 degrees 26 minutes 15 seconds East 38.91
feet; thence North 30 degrees 29 minutes 05 seconds West 59.05 feet;
thence North 17 degrees 29 minutes 34 seconds East 34.18 feet; thence
North 69 degrees 28 minutes 40 seconds East 32.07 feet; thence South 85
degrees 30 minutes 29 seconds East 103.89 feet; thence South 88 degrees
45 minutes 43 seconds East 118.86 feet; thence North 79 degrees 26
minutes 36 seconds East 98.72 feet; thence South 81 degrees 18 minutes
42 seconds East 191.89 feet; thence South 07 degrees 54 minutes 04
seconds East 80.19 feet; thence South 18 degrees 58 minutes 15 seconds
East 63.32 feet; thence South 13 degrees 36. minutes 42 seconds West
86.59 feet; thence South 07 degrees 43 min'utes 36 seconds East to the
southeasterly line of said Lot 9; thence southwesterly along said
southeasterly line to the point of beginning.
CITY OF CHANHASSEN
SITE PLAN PERMIT #99-17
SPECIAL PROVISIONS
AGREEMENT dated May 14, 2001, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Pulte Homes of Minnesota Corporation (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
·
site plan for a Planned Unit Development (referred to in this Permit as the "project"). The land is
legally described as Arboretum Village.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enter into this Permit and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans. The plans shall not be attached to this Contract. If the plans vary from the
written terms of this Permit, the written terms shall control. The plans are:
Plan AJSite Plan, Grading, Drainage, and Utility Plan, and Landscaping plan dated Stamped
Received April 23,2001, prepared Hedlund Planning, Engineering, Surveying.
4. Time of Performance. The Developer shall install all required screening and
landscaping by May 14, 2003. The Developer may, however, request an extension of time from the
City. If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Permit, the Developer
shall furnish the City with a letter of credit from a bank, or cash escrow, in the amount of $
(Tncluded in the PUD/development contract) (landscaping, $2,500 - boulevard restoration and
driveway aprons and $2,500 - erosion control). If the Developer requests a Certificate of
Occupancy prior to the installation of site landscaping, then the Developer shall provide to the city a
letter of credit or cash escrow in an amount sufficient to ensure the installation of said landscaping.
6. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Pulte Homes of Minnesota Corporation
1355 Mendota Heights Rd., Suite, 300 -
Mendota Heights, MN 55120-1112
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 City Center Drive, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (612) 937-1900.
7. Other Special Conditions. Approved Site Plan #99-21 for 200 units as shown on plans
Stamped April 23,2001 subject to the following conditions:
- .
1. The development must comply with the Arboretum Village Development Design
Standards (Attachment D).
3. The remaining park dedication requirement be collected in cash.
4.
Pulte Homes shall construct the north and east wetland trail as public amenities with
reimbursement from the city's trail dedication fund. All necessary public easements
required to accommodate these trails shall be dedicated to the city.
5. Full trail dedication fees be collected.
6. All remaining open space areas be protected by a conservation easement.
7. The following design standards be incorporated in the development:
a. Vinyl shakes are an acceptable material on all home styles.
b. Prohibit shiplap siding.
c. All buildings use UL Class A asphalt/fiberglass shingle, 230 pounds or better.
d. All foundation walls be screened by landscaping or retaining walls.
e~
Central air conditioning shall be included in the base price of all homes per the
EAW noise abatement recommendation.
go
The percent of brick and other materials for each building style shall be built as
per Attachment A.
Commercial design standards shall prohibit standing seam siding as a curtain wall.
hi
The applicant shall provide benches in the totlo, t areas.
No adjacent unit shall have the same front elevation colors or architectural styles
with any 4 types of homes. Materials to be consistent with the Arboretum Village
elevation materials .dated 2-7-01.
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"A" and incorporated herein.
CITY OF CHANHASSEN
(SEAL)
BY:
Linda C. Jansen, Mayor
Scott A. Botcher, City Manager
DEVELOPER:
BY:
STATE OF MINNESOTA )
( SS
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
2001, by Linda C. Jansen, Mayor, and by Scott A. Botcher, 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.
STATE OF MINNESOTA )
( SS.
NOTARY PUBLIC
COUNTY OF )_
The foregoing instrument was acknowledged before me this ~ day of
2001, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
Chanhassen, MN 55317
(612)937-1900
CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this~ day of ,2001
By
STATE OF MINNESOTA )
( SS
COUNTY OF ) ,
The foregoing instrument was acknowledged before me this
day of
2001, bY
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
Chanhassen, MN 55317
(612)937-1900
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
GENER AT, CONDITION
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise
disturb the earth, remove trees, construct improvements, or any buildings until all the following
conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed
with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the City
has issued a building permit.
,.
2. Maintenance of site. The site shall be maintained in accordance with the approved site
plan. Plants and ground cover required as a condition of site plan approval which die shall be
.
promptly replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are
issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City.
The City may impose additional erosion control requirements if they wOuld be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received 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 development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean,
on and off site, dirt and debris, including materials that have blown, from streets and the
surrounding area that has resulted from construction work by the Developer, its agents or assigns.
· 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, .
shall be warranted to be alive, of good quality, and disease free at the time of planting..All trees
shall be warranted for twelve '(12) months from the time of planting. The Developer or his
contractor(s) shall post a letter of credit from a bank or cash escrow with the City to secure the
warranties at the time of final acceptance.
7. Responsibility for Costs.
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 site plan approval and development. The Developer shall indemnify
the City and its officers and employees for all costs, damages, or expenses which the
City may pay or incur in consequence of such claims, including attomeys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Permit within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work and construction. Bills
not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it heretmder, 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 s~ek 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.
.
9. Miscellaneous.
A. Constme. tion Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer. Trailers shall be removed from
g~
the subject property within thirty (30) days following the issuance of a certificate of
.occupancy unless otherwise 'approved by the City Engineer.
Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
Eo
Fo
O.
H,
Breach of' Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract.
Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a bituminous surface
and the utilities tested and approved by the city.
Waivers/Amendme. nts. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments
or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
Recorcling. This Permit shall run with the land and may be recorded against the title
to the property.
Remedie.q. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, available to City, at law or in equity, or under any
other agreement, and each and every right, power and remedy herein set forth or
otherwise so existing may be exercised from time to time as often and in such order
as may be deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
J. Construction Hours. The normal construction hours and maintenance of equipment
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. Operation of all internal combustion engines used for
construction or dewatering purposes beyond the normal working hours will require
City Council approval.
K. Soil Treatment Systems. (Not applicable.) If soil treatment systems are required, the
Developer shall clearly identify in the field and protect from alteration, unless
suitable alternative sites are first provided, the two soil treatment sites identified
during the site plan process for each lot. This shall be done prior to the issuance of a
Grading Permit. Any violation/disturbance of these sites shall render them as
unacceptable and replacement sites will need to be located for each violated site in
C.
order to obtain a building permit. ,
·
Compliance with l,aws, Ordinances, and Regulations. In the development of the site
m.
plan the Developer shall comply with all laws, ordinances,-and regulations of the .
following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
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
10
No
O,
deed purchasers too enter into this Development Contract.
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.
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.
11
TYPE OF HOME
CLUB HOME
COACH HOME
MANOR HOME
ARBORETUM VILLAGE ELEVATION MATERIALS
CHANHASSEN, MN
2/7/01
CONFIGURATION
ELEVATION #1
MATERIAL SQ. FT,
OVERALL 644
GARAGE DOORS 116
SIDING, SHAKE & TRM 1 '16
WINDOW 100
BRICK 312
ELEVATION #2
% OF ELEVATION
6-UNIT
4-UNIT
18%
18%
16%
48%
OVERALL 783
GAP, AGE DOORS 116 15%
SIDING, SHAKE & TRM 427 55%
WINDOW 84 9%
STONE 156 20%
OVERALL 1462
BRICK OR STONE 165
GARAGE DOOR 348
DOOR AND WINDOW 388
SIDING, SHAKE & TRM 561
4-UNIT
3-UNIT
OVERALL
BRICK OR STONE
GARAGE DOORS
DOOR AND WINDOW
SIDING, SHAKE & TRM
OVERALL . -
BRICK OR STONE
DOOR AND WINDOW
GARAGE DOOR
SIDINF, SHAKE & TRM
954
162
232
252
308
2034
94
356
464
1120
OVERALL
BRICK OR STONE
DOOR AND WINDOW
GARAGE DOOR
SIDING, SHAKE & TRM
1522
90
291
348
793
11%
24%
27%
38%
17%
24%
26%
32%.
5%
18%
23%
54%
6%
-19%
23%
52%
Pa(3e 1
TYPE OF HOME
VILLAGE HOME
CONFIGURATION
8-UNIT
6-UNIT
4-UNIT
MATERIAL SQ. FT.
OVERALL 3677
DOOR AND WINDOW 880
GARAGE DOOR 504
BRICK 284
ROOF 131
SIDING, SHAKE & TRM 1878
OVERALL .2845
DOOR AND WINDOW 642
GARAGE DOOR 378
BRICK 284
ROOF 93
SIDING, SHAKE & TRM 1448
OVER. ALL 1924
DOOR AND WINDOW 404
GAP, AGE DOOR 25.2
BRICK 180
ROOF 55
SIDING, SHAKE & TRM 1033
% OF ELEVATION
24%
14%
8%
4%
50%
23%
13%
10%
3%
51%
21%
13%
9%
3%
54%
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE AND WETLAND ALTERATION PERM/T #2000-4
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants a conditional use to allow construction within the Bluff Creek Overlay District and
a wetland alteration permit to allow the filling of 0.54 acres of wetlands in two separate basins as
per plans revised February 1,2001.
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, described as follows:
Arboretum Village
3. Conditions. The Wetland Alteration Permit #00-4 to fill .54 acres of wetlands in two
separate basins as per plans revised February 1, 2001, subject to the following conditions:
Wetland buffers of 0-20 feet with a minimum average width of 10 feet shall be provided
around Basins B and C.
b. Wetland mitigation areas must be constructed prior to wetland impacts occurring.
Wetland mitigation must occur in a manner that is consistent with the Minnesota Wetland
Conservation Act (MR 8420).
d.
The applicant shall provide a Declaration of Restrictions and Covenants for Replacement
Wetland. The only conservation easement required shall be the area north of Hwy. 5 in
the trees. The rest of the park dedication area (Oulots E, F & G) is being conveyed to the
city.
e~
Silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer
is to be preserved, at the delineated wetland edge.
The applicant shall re-seed any disturbed wetland areas with MnDOT seed mix 25 A, or a
similar seed mix which is approved for wetland soil conditions.
g
Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, buffer areas used for mitigation credit and storm water ponds. The
wetland easement shall be dedicated as a part of Phase I.
ho
Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. In addition, the applicant shall provide vegetative barriers to define buffer
edges. The applicant will install wetland buffer edge signs, under the direction of City
staff, before construction begins and will pay the City $20 per sign.
NURP ponds shall be constructed/expanded in conjunction with the construction of Phase
1.
j. Based on the proposed developed area of 50.06 acres, the water quality fees associated
with this project are $76,591.80 and the water quantity fees associated with this project are
$148,928.50. The applicant will be credited for water quality where NURP basins are
provided to treat runoff from the site. This will be determined upon review of the ponding
and storm sewer calculationsi Credits may also be applied to the applicant's SWMP fees
for oversizing in accordance with the SWMP or the provision of outlet structures. The
applicant will not be assessed for areas that are dedicated outlots. No credit will be given
for temporary pond areas. The applicant is providing water quality ponding for 40.28 acres
and one outlet structure; and is therefore eligible for a water quality credit of $64,128.40.
The total water quantity and quality fees due are then $161,391.90.
·
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation °fthe terms of this permit.
5. l,apse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: May 14,
CITY OF CHANHASSEN
SEAL
By:
By:
Linda C. Jansen, Mayor
Scott A. Botcher, City Manager
STATE OF MINNESOTA
COUNTY OF CARVER
)
( ss
)
The foregoing instrument was acknowledged before me this day of ,
2001, by Linda C. Jansen, Mayor and Scott A. Botcher, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
Notary Public
DRAFTED BY:
City of Chanhassen
690 City Center Drive
Chanhassen, MN 55317
(952)937-1900
EXHIBIT C
ABORETUM VILLAGE
PUD DEVELOPMENT DESIGN STANDARDS
Intent
The purpose of this zone is to create a PUD neighborhood commercial/mixed
density-housing zone. 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 structure proposed for development
shal! proceed through site plan review based on the development standards outlined
below. A specific lighting and sign plan shall be submitted prior to final plat.
b. Permitted Uses
The permitted uses within the neighborhood commercial zone should be limited to
appropriate commercial and service uses consistent with the neighborhood. 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 Planning Director shall make that
interpretation. The type of uses to be provided on this outlot shall be low intensity
neighborhood oriented retail and service establishments to meet daily needs of
residents. Such uses may include small to medium sized restaurant (no drive-thru
windows), office, day care, neighborhood scale comrfiercial, convenience store,
churches, or other similar type and scale uses as described in the Comprehensive
Plan. No single use shall exceed 5,000 square feet.
c. Setbacks
..
The PUD ordinance requires setbacks from roadways and exterior property lines. The
following table displays those setbacks.
Setback
From Collector Street
From Exterior Lot Lines
Interior Public Right-of-Way
Hard Surface Commercial
Hard Surface Coverage
* not accepted
(Total site)
Required Minimum Proposed
50 feet 50 feet
30 feet 30 feet
30 feet ** 7*
70% Not available at this time
30 % 29 %
** Council approval of 10 minimum for residential only in those area adjacent to public
streets except Highways 41, 5 and West 78th Street.
d. Building Materials and Design
COMMERCIAL
1. All materials shall be of high quality and durable. Brick shall be used as the
principal material and must be approved to assure uniformity with the residential
USES.
2. Metal standing seam siding will not be approved except as support material to one
of the above materials.
3. All accessory structures shall be designed to be compatible with the primary
structure.
4. All roof-mounted equipment shall be screened by pitched roofs. Wood screen
fences are prohibited. Screening shall consist of compatible materials.
5. All buildings on the commercial site shall have a pitched roof line.
6. All mechanical equipment shall be screened with material compatible to the
building.
RESIDENTIAL STANDARDS
The plans propose five products. Each product must conform to the following
standards.
1. Club Homes (Rambler attached two unit town homes)
[] One level town homes (with or without basement).
[] Building exterior material shall be a combination of 4" vinyl siding or shake
and brick. '
[] Colors used shall be earth tones such as soft gray, creamy white, Pearl gray,
shell white, etc.).
[] Each town house shall consist of two units. One unit will have a side-loaded
garage and the other will have a front' loaded garage.
[] Each unit shall utilize accent architectural features such as arched lOUVers,
dormers, etc.
[] All units shall utilize fiberglass shingles.
[] Each unit shall have a minimum of 1 overstory tree within its front landscape
yard.
[] All units shall have access onto an interior street.
[] All mechanical equipment shall be screened wi~h material compatible to the
building or landscaping.
2. Manor Homes (three to four unit town'homes)
[]
[]
Split level town homes with basement.
Building exterior material shall be a combination of 4" vinyl siding, vinyl
shakes, brick and stone.
Colors used shall be earth tones such as soft gray, creamy white, pearl gray,
shell white, etc.
Each town house shall consist of three or four units. No more than two
garage doors may be adjacent to each other.
Each unit shall utilize accent architectural features such as round louvers,
dormers, etc.
All units shall utilize fiberglass shingles.
Each unit shall have a minimum of 1 overstory tree within its front landscape
yard.
All units shall have access onto an interior street.
All mechanical equipment shall be screened with material compatible to the
building or landscaping.
3. Coach Homes
[] Two Story town homes (four to six unit town homes).
[] Building exterior material shall be a combination of 4" vinyl siding or shake
and brick.
[] Colors used shall be earth tones such as soft gray, creamy white, pearl gray,
shell white, etc.
[] Each town house shall consist of four or six units. Garage doors must be
separated from each other by entryways.
[] Each unit shall utilize accent architectural features such as dormers, etc.
[] All units shall utilize fiberglass shingles.
[] Each unit shall have a minimum of 1 over story tree within its front
landscape yard.
[] All units shall have access onto an interior street.
[] All mechanical equipment shall be screened w!th material compatible to the
building or landscaping.
4. Village Homes
[] Two stow town homes with tuck under garage (four to eight unit town
homes). '
Building exterior material shall be a combination of 4" vinyl siding or shake
and brick.
Colors used shall be earth tones such as soft gray, creamy white, pearl gray,
shell white, etc.
Each town house shall consist of four to eight. Garage doors must be
staggered.
Each unit shall utilize accent architectural features such as donners, bay
windows, arched windows, shutters, etc.
All units shall utilize Class A fiberglass/asphalt shingles (230 lb. per sq.
inch). "
Each unit shall have a minimum of 1 overstory tree within its front landscape
yard.
All units shall have access onto an interior street.
All mechanical equipment shall be screened with material compatible to the
building or landscaping.
Changes to building detail plans dated January 16, 2001, shall be
required.
A design palette shall be approved for the entire project. The palette shall
include colors for siding, shakes, shutters, shingles, brick and stone.
The following design standards be incorporated in the development:
a. Vinyl shakes are an acceptable material on all home styles.
b. Prohibit shiplap siding.
Co
Specify that all buildings use UL Class A asphalt/fiberglass shingle, 230
pounds or better.
d. All foundation walls be screened by landscaping or retaining walls.
Central air conditioning shall be included in the base price of all homes per
the EAW noise abatement recommendation.
The percent of brick and other materials for each building style shall be built
as per Attachment A.
g.
Commercial design standards shall prohibit standing seam siding as a
curtain wall.
h.
The applicant shall provide benches in the totlot areas.
No adjacent unit shall have the same front elevation colors or architectural
styles with any 4 types of homes.. Materials to be consistent with the
Arboretum Village elevation materials dated 2-7-01.
TYPE OF HOME
CLUB HOME
ARBORETUM VILLAGE ELEVATION MATERIALS
CHANHASSEN, MN
2/7101
CONFIGURATION
ELEVATION #1
MATERIAL SQ. FT,
OVERALL 644
GARAGE DOORS 1 i6
SIDING, SHAKE & TRM i 16
WINDOW t00
BRICK 312
ELEVATION #2
% OF ELEVATION
18%
18%
16%
48%
OVERALL 783
GARAGE DOORS 116 15%
SIDING, SHAKE & TRM 427 55%
WINDOW 84 9%
STONE 156 2O%
COACH HOME
MANOR HOME
6-UNIT
4-UNIT
4-UNIT
3-UNIT
OVERALL 1462
BRICK OR STONE 165
GAPJkG E DOOR 348
DOOR AND WINDOW 388
SIDING, SHAKE & TRM 561
OVERALL 954
BRICK OR STONE 162
GARAGE DOORS ' 232
DOOR AND WINDOW 252
SIDING, SHAKE & TRM 308
OVERALL 2034
BRICK OR STONE 94
DOOR AND WINDOW 356
GARAGE DOOR 464
SIDINF, SHAKE & TRM 1120
OVERALL 1522
BRICK OR STONE 90
DOOR AND WINDOW 291
GARAGE DOOR 348'
SIDING. SHAKE & TRM 793
11%
24%
27%
38%
17%
24%
26%
32%
5%
18%
23%
54%
6%
19%
23%
52%
Page 1
TYPE OF HoME
VILLAGE HOME
CONFIGURATION
8-UNIT
6-UNIT
4-UNIT
MATERIAL SQ. FT.
OVERALL 3677
DOOR AND WINDOW 880
GARAGE DOOR 504
BRICK 284
ROOF 131
SIDING, SHAKE & TRM t878
OVERALL .2845
DOOR AND WINDOW 642
GARAGE DOOR 378
BRICK 284
ROOF 93
SIDING, SHAKE & TRM t448
OVERALL 1924
DOOR AND WINDOW 404
GARAGE DOOR 252
BRICK 180
ROOF 5,5
,SIDING, SHAKE & TRM 1033
% OF ELEVATION
24%
14%
8%
4%
50%
23%
13%
10%
3%
51%
21%
13%
9%
3%
54%
Page 2