1c-2 Family Christ Church PlansCITYOF
CHAN $EN
Ci~, Cenrer Drive. PO Box i,i7
.'htmhassen, 3linmsota 5531.-
PI,one 612.~37. I900
Ge~eral F~v 612.937.5739
~tgi,eeri% ~.~' 612.937. 9152
~ic S~b7 ~' 612.934.252~
www. d. t3a~thassen.,m. ~ts
MEMORANDUM
TO:
FROM:
Anita Benson, City Engineer
Dave Hempel, Assistant City Engineer
DATE:
June 9,1999
SUB J:
Approve PUD Agreement/Development Contract and Construction
Plans and Specifications for Family of Christ Lutheran Church
Project No. 99-9
The attached PUD Agreement/Development Contract incorporates the conditions
of approval from the final platting and construction plans and specifications review.
process. Staff has calculated the required financial security to guarantee
compliance with the terms of the PUD Agreement/Development Contract at
$52,910.00 and the development contract administration fees total $13,588.00
which includes SWMP fees and 1/3 of the required Park and Trail fees.
The applicant has also submitted detailed grading plans and specifications for site
grading and pond construction for staff review and City Council approval. Staff
has reviewed the plans and specifications and finds the grading plans still need
some minor modifications. The plans were recently returned for modifications.
Staff requests that the City Council grant staff the flexibility to administratively
approve the plans after working with the applicant's engineer in modifying the
plans accordingly. It is therefore recommended that the construction plans for Site
Grading, Drainage and Erosion control dated May 19, 1999 prepared by Schoell &
Madson, Inc. and the PUD Agreement/Development Contract dated June 14, 1999
be approved conditioned upon the following:
The developer shall enter into the PUD Agreement/Development Contract and
supply the City with a cash escrow or letter of credit in the amount of
$52,910.00 and pay an administration fee of $13,588.00.
2. The applicant's engineer shall work with City staff in revising the construction
plans to meet City standards.
PUD Agreement/Development Contract dated June 14,
1999.
Construction plans and specifications are available for
review in the Engineering Department.
Breakdown of administration fees dated June 9, 1999.
Dean Brown, Family of Christ Lutheran Church
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G~y of Chanhassen. A growing commmfi9, witt~ cl,',~, /,~k,'.,'. ,i,,di5' ,'c/,,~d.,'. ,~ ,'/,,'m~i,g do~.'mow~, thriving b~sinesses, ,md beautifid parks. ,4 great place to live, work. and play.
CITY OF CHANHASSEN
FAMILY OF CHRIST LUTHERAN CHURCH ADDITION
PROJECT NO. 99-9
BREAKDOWN OF ADMINISTRATION FEES - 6/9/99
Estimated Total Cost of Public Improvements ....................................................................... $48,100.00
- 3% of Public Improvement Costs (Up To $500,000) .......................................................... $ 1,443.00
- Street Lighting Charge (for electricity)
0 Light(s) @ $300.00 ............................................................................................... $ 0.00
- Final Plat Process (Attorney Fee for Review and Recording of Plat
and Development Contract) ....................................................................................... $ 450.00
- Recording Fees
a. Development Contract/PUD Agreement .............................................................. $ 30.00
b. Plat Filing .............................................................................................................. $ 30.00
c. Trail Easement ...................................................................................................... $ 30.00
d. Drainage & Utility Easement ................................................................................ $ 30.00
- (1/3) Trail Fees [5.77 acres @ $1,500/Ac.] ........................................................................ $ 2,885.00
- (1/3) Park Fee [5.77 acres @ $4,500/Ac.] .......................................................................... $ 8,655.00
- Surface Water Management (Credit - Cky Owes Developer) .......................................... .($31,085.39)
- GIS Fee ($25/plat and $10/parcel) ...................................................................................... $ 35.00
TOTAL ADMINISTRATION FEES ........................................................................... $ !3:588.00
\Xcfsl\vol2XengXdcXfamily of christ lutheran church.fee.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,
MINNESOTA
FAMILY OF
LUTHERAN
CHRIST
CHURCH
ADDITION
PUD/DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
PAGE
SPECIAL PROVISIONS
1
2
3
4
5
6
7
8
9
10.
REQUEST FOR PLAT APPROVAL .............................. SP-1
CONDITIONS OF PLAT APPROVAL ............................ SP-1
ZONING ................................................. SP-1
DEVELOPMENT PLANS ...................................... SP-1
IMPROVEMENTS ........................................... SP-2
TIME OF PERFORMANCE .................................... SP-2
SECURITY ............................................... SP-2
NOTICES ................................................ SP-3
OTHER SPECIAL CONDITIONS ............................... SP-3
GENERAL CONDITIONS ..................................... SP-5
GENERAL CONDITIONS
1
2
3
4
5
6
7
7A.
o
9.
10
11
12
13
14
15
16
17
18
19
20
21
RIGHT TO PROCEED ....................................... GC-1
PHASE DEVELOPMENT ...................................... GC-1
EFFECT OF SUBDIVISION APPROVAL ......................... GC-1
IMPROVEMENTS ........................................... GC-1
IRON MONUMENTS ......................................... GC-2
LICENSE ................................................ GC-2
SITE EROSION CONTROL ................................... GC-2
EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING ............................................... GC-3
CLEAN UP ............................................... GC-3
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ............... GC-3
CLAIMS ................................................. GC-3
PARK AND TRAIL DEDICATION .............................. GC-4
LANDSCAPING ....................................... ' ..... GC-4
WARRANTY ............................................... GC-4
LOT PLANS .............................................. GC-5
EXISTING ASSESSMENTS ................................... GC-5
STREET LIGHTING ........................................ GC-5
SIGNAGE ................................................ GC-5
HOUSE PADS ............................................. GC-5
RESPONSIBILITY FOR COSTS ............................... GC-5
DEVELOPER'S DEFAULT .................................... GC-7
MISCELLANEOUS
A, Construction Trailers ............................. GC-7
B, Postal Service .................................... GC-7
C Third Parties ..................................... GC-7
D Breach of Contract ................................ GC-7
E Severability ...................................... GC-7
F Building Permits .................................. GC-7
G Waivers/Amendments ................................ GC-7
H Release ........................................... GC-8
I Insurance ......................................... GC-8
J Remedies .......................................... GC-8
K Assignability ..................................... GC-8
i
L
M
N
0
P
R
S
T
U
V
W
X
Y
Construction Hours ................................ GC-8
Noise Amplification ............................... GC-9
Access ............................................ GC-9
Street Maintenance ................................ GC-9
Storm Sewer Maintenance ........................... GC-9
Soil Treatment Systems ............................ GC-9
Variances ......................................... GC-9
Compliance with Laws, Ordinances, and Regulations . GC-9
Proof of Title ................................... GC-10
Soil Conditions .................................. GC-10
Soil Correction .................................. GC-10
Haul Routes ...................................... GC-10
Development Signs ................................ GC-10
Construction Plans ............................... GC-10
ii
CITY OF CHANHASSEN
PUD/DEVELOPMENT CONTRACT
(Developer Installed Improvements)
FAMILY OF CHRIST LUTHERAN CHURCH
SPECIAL PROVISIONS
ADDITION
AGREEMENT dated June 14, 1999, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City"), and
FAMILY OF CHRIST LUTHERAN CHURCH, a Minnesota non-profit
corporation (the "Developer").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for FAMILY OF CHRIST LUTHERAN CHURCH
ADDITION (referred to in this Contract as the "plat"). The land is
legally described on the attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Zoning. The plan has been rezoned to Planned Unit
Development (PUD). Except as specifically modified herein, the
uses, requirements, and standards of the zoning district,
commercial-industrial, as may be amended, shall apply to the
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 prepared by Schoell & Madson, Inc. and
approved by the Chanhassen City Council on June 14,
1999.
Plan B:
Grading, Drainage and Erosion Control Plan dated May 19,
1999, revised June 14, 1999, prepared by Schoell &
Madson, Inc.
Plan C:
Landscape Plan dated February 10,
Spencer Jones.
1999,
prepared by
Revised 10/23/96
SP-1
5. Improvements.
the following:
The Developer shall install and pay for
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. Landscaping/Site Restoration
G. Wetland Monumentation/Restoration
H. Erosion Control
6. Time of Performance. The Developer shall install all
required improvements by November 15, 2000. 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
$52,910.00. The amount of the security was calculated as 110% of
the following:
Storm Sewer, Drainage System, including
cleaning and maintenance ......................... $
4,000
Erosion control .................................. $ 5,000
Engineering, surveying, and inspection ........... $ 4,000
Landscaping (Included with Site Plan Agreement No. 99-2) $
Wetland Monuments ................................ $
100
Site Grading ..................................... $ 35,000
TOTAL COST OF PUBLIC IMPROVEMENTS ................ $ 48,1Q0
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, 2000. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
used to cure the default. With City approval, the security may be
SP-2
reduced from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 10% of
the original amount until all improvements are complete and
accepted by the City.
8. Notice. Required notices to the Developer shall be in
writzng, 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:
Family of Christ Lutheran Church
275 Lake Drive East
Chanhassen, MN 55317
Telephone: (612) 934-4250
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.
9. Other Special Conditions.
Ao
The church facility shall commit to provide approximately 147
parking stalls for the industrial office users of the
property. In addition, the office and industrial site shall
provide parking facilities for the church. A document
acceptable to the city, protecting the joint use of the
parking facilities, shall be recorded.
Bo
Landscaping shall be installed as approved as part of site
plan ~99-2 for Family of Christ Lutheran Church.
C o
The development shall pay full park and trail fees pursuant
to city ordinance. The developer shall dedicate to the City
an easement for trail purposes, 20-foot wide over all
existing and proposed trail segments.
Do
The proposed industrial development of 5.77 net developable
acres is responsible for a water quality connection charge of
$26,732.41 and a water quantity fee of $25,157.20. Based on
the developer constructing the stormwater pond for the entire
project on Outlot B, Bluff Creek Corporate Center, the
developer will be eligible for SWMP fee credit.
mo
Fire hydrants shall be incorporated per the Fire Marshal's
recommendations. Fire hydrants shall placed a maximum of 300
feet apart. A 10 foot clear space must be maintained around
fire hydrants, i.e., street lamps, trees, shrubs, bushes,
NSP, US West, Cable TV and transformer boxes. This is to
ensure that fire hydrants can be quickly located and safely
SP-3
operated by firefighters.
Ordinance 9-1.
Pursuant to Chanhassen City
F o
Ail 19 boulevard trees along Coulter Boulevard adjacent to
Lot 1, Block 1, Family of Christ Lutheran Church Addition
shall be preserved and guaranteed by the applicant. Where
trees need to be removed for entrances, they must be
replaced elsewhere along Coulter Boulevard. Protective tree
fencing shall be installed around all boulevard trees prior
to any grading activity. No landscaping or berming shall be
placed within Stone Creek Drive right-of-way.
Go
The developer shall supply the City with a detailed haul
route for review and approval by staff for materials
imported to or exported from the site. If the material is
proposed to be hauled off-site to another location in
Chanhassen, that property owner will be required to obtain
an earthwork permit from the City
Ho
The private utilities shall be constructed in accordance
with City's Standard Specifications and Detail Plates and/or
state plumbing codes.
The developer shall notify the Federal Emergency Management
Agency (FEMA) regarding amendment to the existing floor
plain boundary. The developer will be responsible for
providing FEMA the necessary documentation to have the
Federal Flood Plain maps changed to reflect developed
conditions.
No building shall be permitted to encroach upon drainage or
utility easements or impede access to perform maintenance
functions to the utility system.
Upon completion, the developer shall dedicate to the City the
utility and street improvements within the public right-of-way
and drainage and utility easements for permanent ownership.
Lo
Ail areas disturbed as a result of construction activities
shall be immediately restored with seed and disc-mulched or
wood-fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management
Practice Handbook.
Wetland buffer areas shall be surveyed and staked in
accordance with the City's wetland ordinance. The City will
install wetland buffer edge signs before accepting the
utilities and will charge the developer $20 per sign. Wetland
buffer areas shall be surveyed and staked in accordance with
the City's wetland ordinance. The City will provide wetland
buffer edge signs and charge the developer $20 per sign. The
developer shall verify the location of these signs with the
SP-4
No
Oo
Po
Oo
Ro
S o
City's Water Resources Coordinator and shall install these
signs before the utilities are accepted.
The developer will meet wetland rules and regulations as
stated in Corps of Engineers section 404 permit, the State
Wetland Conservation Act, and the City's Wetland Ordinance.
Mitigation work shall be implemented prior to or concurrent
with wetland fill activity in all phases of the
project.
The developer 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.
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.
The project and individual site users must comply with the
Development Design Standards for Bluff Creek Corporate
Center incorporated herein as Exhibit C of the Develop
Contract/PUD Agreement.
The developer will need to acquire additional drainage and
utility easements outside the plat over Outlot C, Bluff
Creek Corporate Center to encompass the proposed sanitary
sewer. The easement shall be over the south 15 feet of
Outlot C, Bluff Creek Corporate Center between Stone Creek
Drive and Outlot B, Bluff Creek Corporate Center.
The developer shall dedicate to the City a trail easement
over the northerly 10 feet of the easterly 130 feet of Lot
1, Block 1.
10. General Conditions. The general conditions of this
Contract, approved by the City Council on February 23, 1998 are
attached as Exhibit "B" and incorporated herein.
SP-5
CITY OF CHANHASSEN
(SEAL)
BY:
Nancy K. Mancino, Mayor
Scott A. Botcher, City Manager
DEVELOPER:
FAMILY OF CHRIST LUTHERAN CHURCH
BY:
Its President
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
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
COUNTY OF
NOTARY PUBLIC
ss.
The foregoing instrument was acknowledged before me this
day of , 19 , by , its
President, of Family of Christ Lutheran Church, a Minnesota non-
profit corporation, on behalf of the corporation.
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
NOTARY PUBLIC
SP-6
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlot A, Bluff Creek Corporate Center, Carver County, Minnesota.
SP-7
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 ali necessary permits from the
Metropolitan Council Environ~nental Services and other pertinent
agencies before proceeding with construction. The City will, at
the Developer's 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
GC-1
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) one complete full-size sere of blue line
as-built plans and two sets of reduced ll"x17" 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 including draintile cleanouts, and
(6) bench mark network.
5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be
implemented, inspected, and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. Ail 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. Ail seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule of supplementary instructions
received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. No
development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control
GC-2
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 to the City Engineer
certifying that the project has been completed in accordance with
the approved plans and specifications. The appropriate contractor
waivers shall also be provided. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of
the financial guarantees posted with the City, and if the claims
are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby
authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the letters of credit in an amount up to 125%
of the claim(s) and deposit the funds in compliance with the Rule,
and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees.
GC-3
11. Park and Trail Dedication. At tbs time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the Dark and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One-third (1/3) of the Dark and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping.
accordance with Plan C.
Landscaping shall be installed in
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 (2¼) 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.
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 eighteen (18) months
from the time of formal acceptance by the City. The Developer or
GC-4
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. Public Street Lighting. N/A
17. Signage. N/A
18. House Pads. The Developer shall promptly furnish the
City "as-built" plans indicating the amount, type and limits of
fill on any house pad location.
19. Responsibility for Costs.
A. The Developer shall pay an administrative fee in
conjunction with the installation of the plat improvements. This
fee is to cover the cost of City Staff time and overhead for items
such as review of construction documents, preparation of the
Development Contract, monitoring construction progress, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's' cost for
construction inspections. The fee shall be calculated as follows:
i)
if the cost of the construction of public
improvements is less than $500,000, three
percent (3%) of construction costs;
ii)
if the cost of the construction of public
improvements is between $500,000 and
$1,000,000, three percent (3%) of
construction costs for the first $500,000
and two percent (2%) of construction
costs over $500,000;
if the cost of the construction of public
improvements is over $1,000,000, two and
one-half percent (2¼%) of construction
costs for the first $1,000,000 and one
and one-half percent (1¼%) of
construction costs over $1,000,000.
GC-5
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 costs incurred by the City for
providing construction inspections. This cost will be periodically
billed directly to the Developer based on the actual progress of
the construction. Payment shall be due in accordance with Article
19E of this Agreement.
C. The Developer shall hold the City and its officers
and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City
and its officers and employees for all costs, damages, or expenses
which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer
shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted
to it by the City for obligations incurred under this Contract
within thirty (30) days. after receipt. If the bills are not paid
on time, the City may halt all plat development work and
construction, including but not limited to the issuance of building
permits for lots which the Developer may or may not have sold,
until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments
referred to herein, other charges and special assessments may be
imposed such as, but not limited to, sewer availability charges
("SAC"), City water connection charges, City sewer connection
charges, and building permit fees.
G. Private Utilities. The Developer shall have
installed and pay for the installation of electrical, natural gas,
telephone, and cable television service in conjunction with the
overall development improvements. These services shall be provided
in accordance with each of the respective franchise agreements held
with the City.
H. The developer shall pay the City a fee established
by City Council resolution, to reimburse the City for the cost of
updating the City's base maps, GIS data base files, and converting
the plat and record drawings into an electronic format.
GC-6
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 ~o enter the land.
When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
21. Miscellaneous.
A. Construction Trailers. Placement of on-site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre-construction
meeting for installation of public improvements. Trailers shall be
removed from the subject property within thirty (30) days following
the acceptance of the public improvements unless otherwise approved
by the City Engineer.
B. Postal Service. The Developer shall provide for the
maintenance of postal service in accordance with the local
Postmaster's request.
C. Third Parties. Third parties shall have no recourse
against the City under this Contract. The City is not a guarantor
of the Developer's obligations under this Contract. The City shall
have no responsibility or liability to lot purchasers or others for
the City's failure to enforce this Contract or for allowing
deviations from it.
D. Breach of Contract. Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties. The City may also
issue a stop work order halting all plat development until the
breach has been cured and the City has received satisfactory
assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this Contract is for any
reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits. Building permits may be issued
once the plat has been recorded at the County. No plumbing permits
shall be issued until sanitary sewer, watermain, and storm sewer in
Stone Creek Drive have been installed, tested, and accepted by the
City.
G. Waivers/Amendments. The action or inaction of the
City shall not constitute a waiver or amendment to the provisions
GC-7
of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution
of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. Release. This Contract shall run with the land and
may be recorded against the title to the property After the
Developer has completed the work required of it under this
Contract, at the Developer's request the City Manager will issue a
Certificate of Compliance. Prior to the issuance of such a
certificate, individual lot owners may make as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
I. Insurance. Developer shall take out and maintain
until six (6) months after the City has accepted the public
improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits
for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or
more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
J. Remedies. Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at
any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign this
Contract without the written permission of the City Council. The
Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
L. Construction Hours. Construction hours for required
improvements 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.
GC- 8
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 Developer 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. Noise Amplification. The use of outdoor
loudspeakers, bullhorns, intercoms, and similar devices is
prohibited in conjunction with the construction of homes,
buildings, and the improvements required under this contract. The
administrative penalty for violation of construction hours shall
also apply to violation of the provisions in this paragraph.
N. Access. Ail access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
the Developer regardless if the City has issued building permits or
occupancy permits for lots within the plat.
O. Street Maintenance. N/A
P. Storm Sewer Maintenance. The Developer shall be
responsible for cleaning and maintenance of the storm sewer system
(including ponds, pipes, catch basins, culverts and swales) within
the plat and the adjacent off-site storm sewer system that receives
storm water from the plat. The Developer shall follow all
instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations
under this paragraph shall end two (2) years after the public
street and storm drainage improvements in the plat have been
accepted by the City.
Q. Soil Treatment Systems. N/A
R. Variances. By approving the plat, the Developer
represents that all lots in the plat are buildable without the need
for variances from the City's ordinances.
S. Compliance with Laws, Ordinances, and Regulations.
In the development of the plat the Developer shall comply with all
laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
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,
GC-9
departments and commissions.
T. Proof of Title. Upon request, the Developer shall
furnish the City with evidence satisfactory to the City that it has
the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that
the City makes no representations or warranties as to the condition
of the soils on the property or its fitness for construction of the
improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will
indemnify, defend, and hold harmless the City, its governing body
members, officers, and employees from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
V. Soil Correction. The Developer shall be responsible
for soil correction work on the property. The City makes no
representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist. On lots which have no fill material a
soils report from a qualified soils engineer is not required unless
the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi-lot grading
project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit
for the lot. On lots with fill material that have been custom
graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a
building on the lot.
Wo Haul Routes. Bluff Creek Drive from Trunk Highway
212 to Pioneer Trail (CSAH 14) may not be used by the Developer,
the Developer's contractors or subcontractors as a haul route for
the import or export of soil, construction material, construction
equipment or construction debris, or any other purpose.
X. Development Signs. The Developer shall post a six
foot by eight foot development sign in accordance with City
Detail Plate No. 5313 at each entrance to the project. The sign
shall be in place before construction of the required
improvements commences and shall be removed when the required
improvements are completed, except for the final lift of asphalt
on streets. The signs shall contain the following information:
project name, name of developer, developer's telephone number and
designated contact person, allowed construction hours.
Y. Construction Plans. Upon final plat approval, the
developer shall provide the City with two complete sets of full-
GC-10
size construction plans and four sets of ll"x17"
construction plan sets and three sets of specifications.
reduced
GC-11
EXHIBIT "C"
BLUFF CREEK CORPORATE CENTER
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. Ail utilities are required to be placed underground.
Each lot proposed for development shall proceed through site plan
review based on the development standards outlined below. Photo-
composite images of proposed development adjacent to Highways 5
shall be submitted as part of the review process. The PUD
requires that the development demonstrate a higher quality of
architectural standards and site design. Ancillary uses may be
permitted as listed below once a primary use has occupied the
site. Shared parking shall be required of the development.
b. Permitted Uses
The permitted uses in this zone shall be limited to institutional
use on one lot only or 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.
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.
C-1
Indoor Recreation/Health Club - establishments engaged in
operating reducing and other health clubs, spas, and similar
facilities featuring exercise and other physical fitness
conditioning.
Hotel/Motel - establishments engaged in furnishing lodging, or
lodging and meals, to the general public.
Research Laboratory - establishments engaged in scientific
research or study.
Ancillary Uses (in conjunction with and integral to a primary
use)
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.
Telecommunication Towers and Antennas by conditional use permit
only.
Day Care - establishments providing for the care and supervision
of infants and children on a daily basis.
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, except as specified below.
following setbacks shall apply:
The
Frontage Minimum Setback Maximum Setback
Building/Parking Building/Parking
Future Hwy. 5 70/50 150
Coulter Boulevard 50/30 100 *
Stone Creek Drive
Bluff Creek:
West Lot line Lot
30/20 NA
35/30 NA
C-2
1, Block 1 --
West Lot Line Lot 15/15 NA
2, Block 1
East Lot Line Lot 1t0/110 NA
1, Block 2
East Lot Line Lot 100/100 NA
2, Block 2
Northeast Lot Line 60/60 NA
Lot 2, Block 2
Northeast Lot Line 35/35 NA
Lot 3, Block 2
East Lot Line Lot 60/60 NA
3, Block 2
* Church facility is excluded from this maximum building setback.
(Lot and Block Designations are based on proposed preliminary plat
numbering.)
The average hard surface coverage does not include Outlot A. 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.
d. DeveloDment Standards Tabulation Box
Building Area
Building Square Footage Breakdown
Use
Office
Maximum Percent
Total
62%
Square Feet
160,000
Light Industrial 40% 100,000
/Warehouse
Ancillary/other 15% 40,000
23%
Institutional
Total (Maximum)
60,000
260,000
o
More than one (1) principal structure may be placed on one
(1) platted lot.
Building height shall be limited to 3 stories or 40 feet
subject to the exclusions of Section 20-907 of the city code.
Building Materials and Design
C-3
The PUD requires that the development demonstrate a higher
quality of architectural standards and site design. Primary
building orientation shall be to Highway 5 and Coulter
Boulevard.
Ail materials shall be of high quality and durable. Masonry
or higher quality 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.
o
Block shall have a weathered face or be polished, fluted, or
broken face.
Concrete may be poured in place, tilt-up or pre-cast, and
shall be finished in stone, textured, coated, or painted
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.
o
Ail accessory structures shall be designed to be compatible
with the primary structure.
°
All roof mounted equipment shall be screened from adjacent
public right-of-ways by walls of compatible appearing material
or camouflaged to blend into the building or background. Wood
screen fences are prohibited. Ail exterior process machinery,
tanks, etc., are to be fully screened by compatible materials.
The use of large unadorned, concrete panels and concrete
block, or a solid wall unrelieved by architectural
detailing, such as change in materials, change in color,
fenestrations, or other significant visual relief provided
in a manner or at intervals in keeping with the size, mass,
and scale of the wall and its views from public ways shall
be prohibited. Acceptable materials will incorporate
textured surfaces, exposed aggregate and/or other patterning.
Ail walls shall be given added architectural interest through
building design or appropriate landscaping. The buildings
shall have varied and interesting detailing.
10.
Space for recycling shall be provided in the interior of all
principal structures or within an enclosure for each lot
developed in the Business Center.
11
Each buildings shall contain one or more pitched roof
elements depending on scale and type of building, or other
architectural treatments such as towers, arches, vaults,
C-4
12.
o
o
o
o
entryway projections, canopies and detailing to add additional
interest and articulation to structures.
There shall be no underdeveloped sides of buildings visible
from public right-of-ways. Ail elevations visible from the
street shall receive nearly equal treatment and visual
qualities.
Site Landscaping and Screening
Landscaping along Highway 5 shall comply with Buffer yard
standard C. Coulter Boulevard shall comply with Buffer yard
standard B. The master landscape plan for the Bluff' Creek
Corporate Center 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.
Storage of material outdoors is prohibited unless it has been
approved under site plan review. Ail approved outdoor storage
must be screened with masonry fences and/or landscaping.
When parking lots are less than three feet above the adjacent
roadway, an undulating or angular berm or elevation change of
three feet or more in height shall be placed along Coulter
Boulevard and Highway 5. 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.
Loading areas shall be screened 100 percent year round from
public right-of-ways. Wing walls may be required where deemed
appropriate.
Signage
The Bluff Creek Corporate Center PUD shall be permitted two
identification signs: one sign on Coulter Boulevard and one
sign on Highway 5. The sign on Coulter Boulevard shall not
exceed eight feet in height. The sign on Highway 5 shall not
exceed 20 feet in height. A maximum of 80 square feet of sign
area shall be permitted per sign.
Ail freestanding parcel signs shall be limited to monument
signs. The sign shall not exceed eighty (80) square feet in
sign display area nor be greater than eight (8) feet in
height. The sign treatment is an element of the architecture
and thus should reflect the quality of the development. The
signs should be consistent in color, size, and material
throughout the development. The applicant should submit a
C-5
o
3
sign package for staff review.
Each property shall be allowed one monument sign per street
frontage.
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.
Consistency in signage shall relate to color, size, materials,
and heights.
Wall sign shall be permitted per city ordinance for industrial
office park site.
Ail signs shall require a separate sign permit.
Lighting
Lighting for the interior of the business center should be
consistent throughout the development. The street lights
should be designed consistent with the existing lighting along
Coulter Boulevard.
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.
Lighting equipment similar to what is mounted in the public
street right-of-ways shall be used in the private areas.
Ail 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.
Alternative Access
Each site shall accommodate transit service within the
individual development, whenever possible.
Pedestrian access shall be provided from each site to the
public sidewalk and trail system.
The developer and site users shall promote and encourage
Traffic Demand Management Strategies.
Each site shall provide areas for bicycle parking and
storage.
C-6
Preferential parking shall be provided for car and van pool
vehicles within each site.
C-7