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1b2 Arboretum Village/Dev. Cont CITY OF CIlANHASSEN 7700 Market Boulevard POBox 147 Chanhassen, MN 55317 Administration Phone: 952227.1100 Fax: 952227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax 952227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & ReClBatlon Phone: 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Couller Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 WebSlle Nm.ci.chanhassen.mn.us ~.,..~~.""~ ....._._..-....__:...........~ 1 h-c1. MEMORANDUM TO: Teresa Burgess, Director of Public Works/City Engineer FROM: Matt Saam, Assistant City Engineer PAt; Of.., March 5, 2002 '1-:1 DATE: SUBJ: Approve Development Contract and Construction Plans and Specifications for Arboretum Village 2nd Addition Project No. 02-03 The attached development contract incorporates the conditions of approval ITom the final platting and construction plans and specifications review process. Staff has calculated the required financial security to guarantee compliance with the terms of the development contract at $863,004 and the administration fees total of $105,476 which includes 1/3 of the required Park/Trail fees. The applicant has also submitted detailed construction plans and specifications for staff review and City Council approval. Staffhas reviewed the plans and specifications and finds the plans sti1l need some minor modifications. Staff requests that the City Council grant staff the flexibility to administratively approve the plans after working with the applicant's engineer to modify the plans accordingly. It is therefore recommended that the construction plans and specifications for Arboretum Village dated January 10, 2002, prepared by Hedlund Engineering and the development contract dated March II, 2002 be approved conditioned upon the following: 1. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit in the amount of $863,004 and pay an administration fee of$105,476. 2. The applicant's engineer shall work with City staff in revising the construction plans to meet City standards. Attaclunents: I. 2. Development Contract dated March 11, 2002. Construction plans and specifications are available for review in the Engineering Department. Breakdown of administration fees dated March 5, 2002. OFFICIAL ENGINEERING COpy 3. c: Dennis Griswold, Pulte Homes Jim Baruth, Pulte Homes Received .__ RÐvi~lcn No. ____. App--v"'J t.., >"':/"." ......~u·ln-"r g:\eng\projects\arboretumvi11age2nd\approvedc.doc '. ;~. 1,;. u)' v~.i ¡...l_ ~~ iM('¡'~~OI e City of Chanhassen . A growing community wllh clean lakes, quality schools, a charming downlown, Ihriving businesses, winding trails, and beautiful parks. A gO!a place 10 live, work, and play. # ". .........'"",... r·___.___.. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ARBORETUM VILLAGE 2ND ADDITION DEVELOPMENTCONTRACTIPUD (Developer Installed Improvements) ~, ,_··'_·_H··.. . . ,. IJ MINNESOTA HISTORICAL SOCIETY ST ATE HISTORIC PRFSERV A TION OFFICE November 9, 2001 Teresa Burgess Public Works Director City of Chanhassen 690 City Center Drive P.O, Box 147 Chanhassen, MN 55317 RE: Proposed Aboretum Village subdivision Chanhassen, Carver County SHPO Number: 2000-1434 Dear Ms. Burgess: Susan McAllister has requested that I write your office to clarify the status of the historiC91 evaluation of the Rose McAllister Farmstead, located on High 41 in Chanhassen. This property was evaluated by Hess, Roise and Company, historical consultants, in a report that was issued in January 2001. The report recommended that the farmstead met National Register criteria. We have reviewed the conclusions of the report as part of our Section 106 review of the Corps of Engineers permit related to the adjacent housing development. On the basis of the report findings, the Corps determined that the farmstead does meet National Register criteria, and we have concurred with that finding. Please contact our office at 651-296-5462 if you have any questions or concerns. Sincerely, ~~~~ Dennis A. Gimmestad Government Programs and Compliance Officer cc: Susan McAllister :\1; 1..:.FIIIII:(; nnl' 1.'\ \ "11 w·.·..·,· I \0:\ Ivr PI '"I ",~,,,,,.,,,,,,.. --,,,.. ",. ",',., .·..n ." -". October 15,2001 Mr. Gary Elftmann Army Corps of Engineers 190 5th S1. E. S1. Paul, MN 55101-1638 RE: Pulte Homes' Arboretum Village in Chanhassen, MN, Carver County COE Permit #200102069 - SHPO #2000-1434 Mr. Elftmann, As a local resident of Chanhassen, I would like to express my concern about the impact the above mentioned development will have on the neighboring McAllister farm. I support the preservation of this farm and its historic significance. Thus I would like to ask you for your diligence to ensure that all possible steps are taken to afford this farm the protection and impact mitigation it deserVes. Thank you, Respectfully, ~-~.L- UIi Sacchet 7053 Highover C1. S, Chanhassen, MN 55317 CC: Dennis Grimmestad, SHPO Susan McAllister October 12, 1001 Mr. Ga¡y Elftmann Regulatory Branch U.S. Army Corps of Engineers 190 5th Street East St. Paul, MN 55101-1638 Re: 200102069; Pulte Homes of Minnesota Discharge fill into wetlands to facilitate residential development Arboretum Village Cbanhassen, Carver County SHPO Number 2000-1434 Dear Mr. Elftmann: It is my understanding that there may be an opportunity for some changes to occur in the Site Plan for the Pulte Homes Project so that some of the existing scenic vistas which have historically served the adjacent McAllister farm homestead can be preserved. As a resident of Cbanhassen, I have become familiar with Ms. McA11ister's plans for the farm and the high level of interest among children, parents, teachers and others in the opportunity to retain and enjoy this part of Chanha.sen's history. I understand that the Corps of Engineers has been asked to further explore the impact that grading and potential future construction immediately to the east ofthe property will have on the integrity of this property. I also understand that the accuracy of the previously stated distances between the farmstsead and the proposed housing units to be constructed will be re-confinned as a part of your review. I encouragc you to pursue whatevcr you can to provide appropriate mitigation in this matter and plcase put my name on your list offolks to be notified for public CODUnent as your study progresses. Yours truly, Vemelle Clayton cc: Dennis A Gimmestad, MN Historical Society Susan McAllister VLOTMD ~. We look forward to working with you to complete this review. Contact us at 651-296- 5462 with questions or concerns. :;.. of Sincerely, ~~ Dennis A. Gimmestad Government Programs and Compliance Officer cc: David Berwick, Advisory Council on Historic Preservation Brad Johnson, US Army Corps of Engineers, COE # 200102069 Susan McAllister Kathryn Aanenson, City of Chanhassen . Randall Hedlund, Hedlund Engineering Teresa Halloran, Loucks Associates, Loucks Report #00506 Charlene Roise, Hess, Roise and Co, Jim Litsheim, University of Minnesota Peter Olin, Minnesota Landscape Arboretum Keith Cherryholmes, Minnesota Pollution Control Agency Tom Cinadr, State Historic Preservation Office (CEF) .,:T¡o, :~::;:,W é .-..:a..t..llllWl'- I] ~ loF.l MINNESOTA HISTORICAL SOCIETY SrA TE HIsroRlc PRESERVATION OFFICE October 5, 2001 Mr. Gary Elftmann St. Paul District Corps of Engineers 190 5111 Street East St. Paul, MN 55101-1638 RE: Pulte Homes-Arboretum Village development Chanhassen, Carver County SHPO Number. 2000-1434 Dear Mr. Elftmann: Thank you for your letter regarding the above referenced undertaking. We have the followin.g comments: 1, Your letter indicates that you feel the area of potential effect for this project is limited to the impacts of placing fill in the. wetland areas and the construction activities in areas immediately surrounding those wetlands, rather than the impacts of the entire housing development. We would appreciate further consultation on this issue with the Advisory Council. 2. We concur with your determination that the ~ose-McAllister Farmstead meets ) ~ National Register criteria, . 3~ We concur with your determination .that the undertaking will have an adverse ) ~ effect on the farmstead.. . ^ . . 4. You have proposed landscape mitigation measures to address.the visual' effects of the construction on the farmstead, In order for us to evaluate the J . approp. riateness of these measures, we need more detailed information on the \ .J . proposed landscape design. . . . - ~ ~ . 5. We are aWare that the owner of the farmstead has concems about structural damage to the fann buildings that may be related to the development activity, 6. It would appear to us that formulation of a Memorandum of Agreement to J 1; address'the effects of this undertaking should include an opportunity for pUblic review and comment on the analysis of effects and on the proposed mitigation me~sures, 345 KELLOCG BOULEVARD WEST / SAINT PAUL. MINNESOTA 55102-1906/ TELEPHO~1-296-6126 do Your attention to completing the legal process to have the Historical Assessment become part öf the approval process and to have its recommendations considered before allowing any further development in the vicinity of the farm is very much appreciated. Your Peter . lin Professor & Director PJO/db c: . Susan McAllister ~ ',:~ UNIVERSITY OF MINNESOTA 6/L.€ öf~ Minnøsota Landscape Arboretum 3675 Arborttum Driv~ P.D, Box 39 Clwnluwen. MN 553J7·(){)39 952-443·/400 F,u: 952-443·252/ September 14, 2001 Mr. Gary Elftmann Regulatory Branch U.S. Army Corps of Engineers 190 5th Street East 5t. Paul, MN 55101-1638 Dear Mr. E1ftmann, I am writing in support of Ms. Susan McAllister, the owner of Miss Rosie's Farm on Trunk Highway 41 just north of Trunk Highway 5 and across the street ITom land belonging to the University of Minnesota Landscape Arboretum. Though the Arboretum is not adversely affected by the Pulte'Home Development on the northeast comer of Highways 5 and 41, it is quite obviously detrimental to Ms. McAllister and her historic farm. There are no more than two or three farms left in the entire City of Chanhassen and preserving one of historical significance which is also an operating farm should be given special consideration. The value of maintaining or creating a diverse landscape both biological and cultural has been demonstrated throughout the world. Many areas around the world have been obliterated both of their living landscape and of a cultural heritage. Many suburban towns and cities provide little more than a monotone of development when we coúld be looking at a quilt of urban fabric which can enrich our lives. Saving structures and landscapes can help maintain this evolving environment. Miss Rosie's farm is one of those sites that can counter the sameness of urban sprawl now engulfing the Twin Cities urban expansion. It is further disturbing to fmd that due process was not followed with the Historical Assessment mandated by law in obtaining the right to develop the land surrounding Miss Rosie's Farm. Ifin fact, the entire assessment was completed it may well have prevented the Pulte development ITom encroaching upon Miss. Rosie's Farm to the present extent. This encroaclunent has begun to create structural damage to the farmhouse, barn and outbuildings, not ~o mention the destruction of the aesthetic values and farm ambience, so important to such an historic site. e ARBORETUM <:-s:o \\.;./ ,a Minnesota Landscape .... .... ~2- ;20'" Although we believe that a more comprehensive context is needed to evaluate what would constitute a "good example" of a small dairy operation and the Historical Assessment 0 the Rose-McAllister Farmstead does not contain that information, we believe that because the farmstead retains a good degree of integrity it should be considered eligible for the National Register of Historic Places for the purposes of this project and discussions should now focus 0 appropriate mitigation. As mitigation, we suggest that additional trees similar in density and species to those in the existing farmstead grove be planted within the southeast end of the farm~ead in line with th existing trees, as recommended in the Historical Assessment of the Rose-McAllister Farmstead. Please provide us with your comments and recommendations. If you have any question please cal! Mr. Bradley Johnson at (651) 290-5250. Sincerely, ~~'¡'cJ-t"K Robert J. Whiting ~7 Chief, Regulatory Branc# ...~~ \:jy ~ , DEPARTMENT OF THE ARMY IT. PAUL DISTRIC1; CORPS OP ENGINHftS ARMY CORps QIIIHCINEIRS CI!N1"Re 110 IFnf S1'1IEIT EAST S't PAut.1IN 55101-1131 AEPt..YTO A1TENT1ON OF September 10,2001 Environmental and Economic Analysis Brancb Planning, Programs and Project Management Division . SUBJECT: Pulte Homes, Arboretum Village development Cbanhassen, Carver County SHPO Number: 2000-1434 Mr. Dennis Gimmestad State Historic Preservation Office Minnesota Historical Society 345 Kellogg Boulevard West St. Paul, Minnesota 55102-1906 Dear Mr. Gimmestad: Tbe St. Paul District, Corps of Engineers bas reviewed the Historical Assessment of the Rose-McAllister Farmstead submitted to the Corps by Hess, Roise and Company on May 24,2001, and bas considered the extent of Federal involvement in the Pulte Homes development as it relates to the potential adverse effects on the Rose-McAllister Farmstead. The Corps of Engineers is autborizing the placement of 0.54 acre of fill for the development of a 107 -acre tract ofland. This Federal undertaking has little control over how this development is planned and is not essential for the develoP!.11ent of this property by Pulte Homes. Accordingly, tbe permit area is very limited, and we believe that tbe area of potential effects is limited to the impacts of placing fill in tbe wetland areas and the construction activities in areas immediately sUITounding those wetlands. The permit area cannot be extended to include project constrUction in the larger sUITounding upland areas. We believe that the proposed development will adversely affect the Rose-McAllister Farmstead, a property that is potentially eligible for the National Register of Historic Places. Portions of the agricultural fields historically associated with the farmstead and contributing to the historic character of the farm as well as its potential eligibility are within the permit area and will also be adversely affected: Accordingly, the Corps' permit action does playa role, albeit minor, in this adverse effect. However, because the Corps has little control over the overall development of the property and our involvement is already very minimal, we do not have the jurisdictional authority to avoid the effect and it is not practical to discuss minimization of the effect. PMttd on Û Aecyded P~r :~ '",~., I OF z- :LoF- these parties were involved in the Section 106- process, how the District considered the ",'J I ~. effects on those eligible properties outside of the permit area and how the Section 106 <c:, process was concluded, iµcluding any documentation between your office and the Minnesota SHPO that supports a "no historic properties" or "no properties affected" determination. We look forward to hearing ITom you as soon as possible with regard to this matter and working with you toward fulfilling your Section 106 responsibilities. Please contact Mr. David Berwick at (202) 606-8531 should you wish to discuss this matter further. rely, D . Klima D or Office of Planning and Review ~\ '. \\.'; . "-- Advisory Council On Historic Preservation loF2. The Old Post OfIice BuiJding 1100 Pennsylvania Avenue, NW, #809 Washington. DC 20004 July 24, 2001 Mr. Robert Whiting Chief, RegUlatory Branch St. Paul District Corps of Engineers 190 Fifth Street East St. Paul, Minnesota 55101-1638 Dear Mr. Whiting, Ms. Susan McAllister of Chanhassen, Minnesota has notified us about a Corps of Engineers permit that was issued to Pulte Homes for the construction of a subdivision that is 3.djacent to he, property, a property that may be eligible for the National Register of Historic Places. In á subsequent telephone, conversation with Mr. Dennis Gimmestad of the Minnesota SHPO office, Mr. Gimmestad said that the St. Paul District provided aj , repo~ to his o.~ce on May 23' 2001 that concluded that the Rose-Mc~lister. farmst~ad . é was mdeed eligIble and that It may be affected by the Pulte Construction project whi.::h was permitted by the District on March 2, 200 1. In addition to the McAllister property, . the report.also identified the historic Minnesota Fruit Breeding Farm, also adjacent to the permit area. Mr. Gimmestadalso stated that he has never received additional . ) correspondence ITom the Dist;rict after being sent the report, and had only leamed in June " e."' that the permit to Pulte had been previously issued by the District. Your agency's involvement in this undertaking and its potential to affect historic properties requires the Corps to comply with Section 106 of the National Historic Preservation Act and to afford the Council an opportunity to comment prior to issuing a . Federal permit. Furthermore, the Corps' own regulations, under Appendix C, require the District to "consider the effects of undertakings on any known properties that may occur . outside the permit area." Based on the potential of this permit to affect historic properties adjacent to the permit area, and the concerns raised by both Ms. McAllister and the Minnesota SHPO office, we are requesting that you provide information that clarifies the steps that the District took to ensure compliance with Section 106 prior to issuing the p.ermit. This should include information on any reports that were prepared to locate and evaluate resources within the permit area, the public involvement pr9cess that identified interested parties and how '~1' ,~.:~ July 20, 2001 IJ IDrl MINrœsoTA HISTORICAL SOCIETY Mr. Gary Elftmann Regulatory Branch U.S.. Army Corps of Engineers 190 5th Street East St. Paul, MN 55101-1638 Re: 200102069; Pulte Harries of Minnesota Discharge fill into wetlands to facilitate residential development Arboretum Village Chanhassen, Carver County SHPO Number: 2000-1434 Dear Mr. Elftmann: We wrote your office on 2 March 2001 regarding the above referenced COE permit. In that letter, we recommended further consideration for two properties located in the general area of the project. In May of 2001 we received a copy of the evaluation of the Rose-McAllister Farmstead, completed by Hess Raise consultants. The evaluation recommends that the farmstead meets National Register criteria, and. tha the project may have adverse effects on the farmstead. The cover letter from Hess Roisealso recommende that there would be no effects to the University of Minnes.ota Fruit Breeding Farm. . . We have since leamed that the COE granted their permit without pursuing further consideration of the effect (he farmstead. It does not appear thàt the COE notified o,ur office of this action, We learned of the permit through a phone inquiry to the COE after receiving an inquiry from a member of the public. We are writing the COE to indicate that it does not appear to us that the Section 106 process was satisfactor completed. If there was an assumption that no historic properties were affected, the required documentation as outlined under 800.4(d)(1 ) and 800.11 (d) does not appear tei.have been submitted to our offièe. If the CO agreed with the recommendations of the Hess ROisereport in its assessment of potential adverse effect, it does not appear that consultation to resolve the adverse effect has occurred. Contact us at 651-296-5462 with questions or concerns. Sincerely, ~.~ Dennis A. Gimmestad Government Programs & Compliance Officer cc: Martha Catlin, ACHP Susan McAllister, Excelsior Brad Johnson, CaE Kathryn Aanenson, City of Chanhassen Randall Hedlund, Hedlund Engineering Teresa Halloran, Loucks Associates Charlene Roise, Hess Raise Jim Litsheim, University of Minnesota Peter Olin, .Minnesota Landscape Arboretum Keith Cherryholmes, MPCA ' ..:~, 345 KELLOGC BOULEVARD WEST I SAINT PAUL. MINNESOTA 55102-1906/ TELEPIIQNE, 651.296-6126 ,-2?-2001 0?:5Ø FROM MS ROSIES FARM TO 9529415481 P.Ø3 "';Si':~~:.;. ;?~.:~.: . .:.:~ :''-':7 ~ .. ,-." ,. .. -, . .... Because the Rose-McA1lister Fannstead appears to be c1igibJe for the National Register, the': . . Arboretum Village de-.·elopment will have an effect on an historic property. This effect could be . ',' adverse or not adverse, depending on whether or not the development harmed the farmstead's. . physical integrity. The National Register ideutifies seven qualities of integrity: location, setting, . feeling, association, design. workInanship, and materials. \"'hile the new development woiild not affect the integrity of location, association, design, wD1:l<m2n~bip. or materials, it would have an ". . impact on the agricultural setting and rural feeling of the fånnstead by replacing agricultural . fields with new housing and roads. These elements are an intrinsic of the historical character . . .. ann. s, the prop 'e opmen would have an adverse affect on the 05e- lilt-. '/-n~ McAllister Fannstead due to the "introduction of visual, atmospheric or audible elements that ,...J./Vt::f'..! . inish the integrity of the property's significant features." The discontinuation of the old ~Etf,: access toad an COlIS on 0 new road c . erse or not a verse, ep on . . .', details of the design. "" .. ..' . , ..', .....: ~:'...- .:': ~~~ .... .~~¡ ;:~;::: - ',.:::,':' . ..':!J:),:,~: :¥ , . . "' .... Since the farmstead has survived since 1983 independent of the adjacent fann fields, the economic viability of the fatmstead is 1101 threatened by the development of Arboretum Village on those fields. .. .. Recommended \<Iitigation Measures A dense growth of trees currently surrounds the farmstead except at its southeast end. Additional trees planted in this location, similar in density a11d type to those in the existing grove, would block the view of the new development, mitigating the intrusìon on the farmstead's setting and feeling. The vista of farm fields win be Jost, but tJ¡is is perhaps inevitable: the area's rural character seems unJikely to survive the persistent de-.-elopment pressure from Twin Cities' suburbs. The existing grove provides a precedent for a wooded enclosure around the farmstead. The design of the new acœss road should be reviewed and approved by the Stale Historic Preservation Office to ensure that it meets the Secretary of the Interior's Standards. ---.-------'"""'-- ~tHl'6 RMIt-McAlli.rt~r Farmstflad An&rSllIItnl-Ðecemher ]OOO-Page 5 ·r'":, · I I , · · · · · · · I I · · · I · · · · · · · · · · · · · · · following year. A dairy farm was operated on the property for twenty-five years. Val Rose. appears to have been a prominent member of the Chanhassen agricultura1 community. He was an active member of the local Rovers Club, a social organization for farm families founded in 1901. The club met once a month at a member's house, except in summer when they organized outdoor picnics. Meetings were often held at the Val Rose farm and included songs, stories, and food. One member recalls that the meetings also provided an opportunity to exchange local news, such as "what happened at the Keizer place or at the Val Rose place or the Livingston place." The club also held pie or box socials to raise money; the funds were used to provide sunshine boxes for the sick and purchase wedding presents for club members.4 The Val Rose farm was subdivided in 1983, when Susan McAllister purchased the house and farm buildings. The surrounding farmland passed into different ownership. The farmstead and the fields have not been associated since that time. Assessment of Significance The Rose-McAllister Farmstead ppears to be eli 'ble for the National Re 'ster of Historic aces as an IS onc IS c under Criterion A The farmstead IS significant or agricultur as an example of a 1920s, small-scale dairy operation. mtegrity 0 eslgn g are good, and the farmstead retains its historic character. When Chanhassen and the surrounding towns were agricultural communities, such dairy farms were common. However, examples of these farms are becoming increasingly rare with the expansion of Twin Cities suborban development into Carver County: The period of significance begins in 1923, when the house was constructed, and ends in 1950, reflecting the fifty-year cutoff required by the National Register. Assessment the Effect of the Proposed Development The Rose-McAllister Farmstead is almost completely surrounded by a thick grove of trees, except to the southeast. Although the date of the grove is unknown, trees were traditionally planted in rural areas in Minnesota to protect farmsteads from the prevailing northerly and westerly winds. In addition, the grove now screens the Rose-McAllister Farmstead ftom the visual intrusion of modem development. The only gap currently provides a view of a farm field, very much in character with the farmstead's historical setting. That view will be altered by construction related to the Arboretum Village development. West 78th Street, which will provide access to the development from Highway 41, passes to the south of the Rose-McAllister Farmstead and is intersected by a northeast-southwest cross street southeast of the property. "Outlot A" is north of this intersection; housing is to the north, east, and south. In addition to this visual alteration, the development will change the access to the farmstead, which is currently provided by a driveway that curves north and east from Highway 41. A new entry road will be introduced leading north from West 78th Street. . · Daniel J. Hoisington, Chanhassen: A Centennial History (CiIy of Chanhassen, 1996), 110-111. Rose-McAllister Farmstead Assessment-December 2000-Page 4 -.~".. ~~~;.;J Historical Assessment Prepared by Rose-McAllister Farmstead SHPO Number: 2000-1434 Highway 41 Chanbassen, Minnesota Abbey Christman & Charlene Roise Architectural Historians Hess, Roise and Company The Foster House 100 North First Street Minneapolis, Minnesota 612-338-1987 January 2001 ~. - - /of2- ¡' pl1ßcI'StIf'b Go /:;x)o D t3v{ H /2ö/ SUMMARy AND MANAGEMENT RECOMMENDATIONS Cultural resource investigations of the Aboretum Village project focused on the Phase I archaeological survey of an area of the project defmed by the SHPO and the determination of effect of the project to the Fruit Breeding Farm located across Highway 41. Background research revealed no previously identified sites within the project boundaries. No archaeological properties were identified during the present study. The study also found that because Arboretum Village will change the area's rural character, it will have an effect on the Fruit Breeding Farm. The farm's rural setting, however, is secondary to its mission of developing hardy plants that can survive in Minnesota's challenging climate. . While it would be appropriate to landscape the new development to maintain some sense of the area's traditional rural character, this would not be required mitigation. Since the farm's ability to pursue its mission will not be harmed by the proposed residential development, the project will have no adverse effect on the Fruit Breeding Farm. The project team therefore recommends that the proposed project be allowed to proceed as planned with the folJowing qualifications: . 'I. · The stugy did not include a survey of a farmstead located along the east side of Highway 41 ! on a ..täcre plot of land not being developed by this project (Figure I). The plot is surro~ed on three sides by the development. Should the project be subject to review under Section 106, the farm would falJ within the area of potential effect and its National Register potential should be evaluated; if it is eligible, the effect of the project on the farm should be ascertained. Also, if development is proposed on the7-%re plot at some point in the future and Section 106 review of that developmentis required, its effect on the Fruit Breeding Farm should be assessed. · Although no evidence of archaeological sites were identified during the survey, archaeological sites have been identified in the greater vicmity of the project area. There remains some potential for sites without surface evidence to be present within the project area. If it is suspected that human remains or a burial area is encountered during construction operations, activity in the immediate area must cease and the Carver County Sheriff's Office, ./ the State Archaeologist and the Minnesota Indian Affairs Council should be contacted for further assistance. Minnesota Statutes Chapter 307.08 prohibits the intentional disturbance of human remains. 10 , é:1i\ ..(f{' ',.',.<.- -pH-As£.I AecttA~CliC S<-(I2VÐf --'t7u~:,iêÞ tø!¿Þ60 . . 17'-( th::<;>s fU11'5E. ~ c,c, only contributing element at Farm 2, their existence and continued operation are the property's key character-defming feature. The rural setting is a secondary, but significant, aspect of the property's character given the facility's history. The university's first fruit breeding farm was established overlooking Lake Minnetonka in 1878; it was discontinued in 1889. Farm I Was purchased in 1907 because test plots at the university's Saint Paul agricultural school were frequently vandalized, and land for expansion was not available near the campus. A rural location seemed more appropriate for the farm's function. 4 . . Assessin¡r the Effect of the ProDosed DeveloDment Plans for Arboretum Village call for seventy-seven buildings containing two to twelve units. Although the buildings are one and two stories in height, walk-out basements in some units produce three-story facades. Building roofs are gabled with a medium pitch. Some units have single-story attached garages with hipped roofs. The facade designs are somewhat varied, with walls clad in narrow-lap horizontal vinyl siding, brick and stone veneer, and vinyl shakes.s . Federal guidelines provide a ITamework for assessing the effect of Arboretum Village on the Fruit Breeding Farm. The guidelines outline three possible effects an undertaking could have on an historic property: I) no historic properties affected; 2) no adverse effect; and 3) adverse effect. If the effect is adverse, altematives should be considered to avoid, minimize, or mitigate the adverse effect. Although the .proposed project is not a federally licensed or federally funded undertaking, the SHPO has requested that the "historical character" of the Fruit Breeding Farm "be considered as part of the planning process" for the proposed development.6 -*' ~ To retain its historical character, the farm must maintain physical integrity. The National Register identifies seven qualities of integrity: location, setting, feeling, association, design, workmanship, and materials. Given the nature of the farm's primary character-defining feature, the most pertinent aspects of integrity are: · Location: the place where the historic property was constructed. · Design: the combination of elements that create the form, plan, space, structure, and style of a property. . · Setting: the physical environment of an histofic property. Guitklines Jar the TreOlmem oj Cultural Landscapes (Washington, D. C.: National Parle Service, Department of tl1e Interior, 1996), S. · Roberts, 8: 12. S Plans were provided by Thomas Theil, Senior Designer, Pulte Homes of Minnesota. Charlene Roise visited a similar Pu1te projecc, Regatta Village, on 160'" Street in Apple VaHey to gain a better understanding of the appearance of the proposed development. · Dennis A. Gimmestad, Government Programs and Compliance Officer, SHPO, to Teresa DeFore, Hedlund, AprilS, 2000. The present report olÙY addresses the project's effec~_~n the Fruit Breeding Fann; it does nol examine other property in the vicinity, including an undeveloped4iUlacre parcel along Highway 41, This report also does not consider any impacts that would result from development of that parcel. 1 '. 8 t (p ~c-(2:Ç Phase I Archaeological Survey of a Portion of the Proposed "Arboretum Village" Subdivision at State Trunk Highways 41 and 5 T1l6 R23 S9 E-SW & W-SE and the Assessment of Effect of the Development on the Neighboñng University of Minnesota Fruit Breeding Farm Chanhassen, Carver County (SHPO Number: 2000-1434) I I I , , : f Archaeol~gy . I ! Authored by Teresa Halloran, Loucks Associates 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 Loucks Project Report 00506 .. and Charlene Roise, Hess, Roise and Company The Foster House 100 North First Street ¡. Minneapolis, MN 55401 . " r / Prepared for Hedlund Engineering 2005 Pin Oak Drive . Eagan, MN 55122 LOUCK , (~f.ììa.l: MinrH:a¡wlis, Sr. 1';1111 . . Susan McAllister - C' ~~O.,JJ---.::::J"] March 5, 2002 Honorable Members of the City Council, City of Chanhassen Re: Request for motion to table action I write to request adoption of a motion at your March 11, 2002 meeting as follows: Motion: That the Pulte request be tabled for further examination, for the following reasons: a) Unit no, 22 is proposed for construction within 300 feet of the neighboring farm, This violates the existing 300-foot setback requirement (i.e, the reasons for the existing setback apply not only to single family homes but also to any residential construction that is more dense than single family homes. Twin homes are more dense than single family.) b) The neighboring farm appears to qualify for Historic Register treatment and protection. This information was known to Pulte as the applicant and appears to have been withheld from the Council so as to conceal and frustrate the registra- tion process. Letters from interested parties and regulatory bodies indicate the farm's historic value would likely be compromised by some features of the development proposed by Pulte. The materials attached to this letter show there is a large volume of material available from many sources that must be properly considered in order for the Council to deter- mine the Pulte request in relation to the importance of the farm as one of the few remaining examples of its kind. Please table the Pulte request so that the Corps of Engineers can finish its work and the appropriate treatment of the farm as a historic site shall be given the proper considera- tion that Pulte tried to prevent. 4... . .Res eCtfUIlYSUb~ttßed rd- . ~--?4 ¿ A //.~ ....... - . .... /.~V' __ ,/Æ. , Susan McAllister 7461 Hazeltine Boulevard P.O. Box 311 Excelsior, MN 55331-8001 (952) 474-5099 Your attention to completing the legal process to have the Historical Assessment become part of the approval process and to have its recommendations considered before allowing any further development in the vicinity of the farm is very much appreciated. Your Peter. lin Professor & Director PJO/db c: Susan McAllister .... ..... .-. UNIVERSITY OF MINNESOTA MinnesotIJ Landscape Arbontum 3675 Arborerum Driv. . P.O. Bo% 39 C/ranhQ,.... MN 55317'()()39 952-443-14(}() Fox: 952-443-2521 September 14, 2001 Mr. Gary E1ftmann Regulatory Branch U.S. Army Corps of Engineers 190 5111 Street East Sf. Paul, MN 55101-1638 . Dear Mr. Elftmann, I am writing in support of Ms. Susan McAllister, the owner of Miss Rosie's Farm on Trunk Highway 41 just north of Trunk Highway 5 and across thestreet from land belonging to the University of Minnesota Landscape Arboretum. Though the Arboretum is not adversely affected by the Pulte HQme Development on the northeast corner of Highways 5 and 41, it is quite obviously detrimental to Ms. McAllister and her historic farm. There are no more than two or three farms left in the entire City of Chanhassen and preserving one of historical significance which is also an operating farm should be given special consideration. The value of maintaining or creating a diverse landscape both biological and cultural haS been demonstrated throughout the world. Many areas around the world have been obliterated both of their living landscape and of a cultura1 heritage. Many suburban towns and cities provide little more than a monotone of development when we could be looking at a quilt of urban fabric which can enrich our lives. Saving structures and landscapes can help maintain this evolving environment. Miss Rosie's farm is one of those sites that can counter the sameness of urban sprawl now engulfing the Twin Cities urban expansion. It is further disturbing to fmd that due process was not followed with the Historical Assessment mandated by law in obtaining the right to develop the land surrounding Miss Rosie's Farm. Ifin fact, the entire assessment was completed it may well have prevented the Pulte development ITom encroaching upon Miss. Rosie's Farm to the present extent. This encroaclunent has begun to create structural damage to the farmhouse, barÌ1 and outbuildings, not to mention the destruction of the aesthetic values and farm ambience, so important to such an historic site. Minnesota Landscape !.It," ....,. ~ "-.' -,"'.' 18,1' 2001 II ARBORETUM UNIVERSITY OF MINNESOTA Minnesota Landscape Arboretum 3675 Arboretum Drive p, O. Box 39 Chanhassen, MN 55317-0039 952-443-1400 Fax: 952-443-2521 ~-~ A6-M4.1 ~ J¡1fh It 4 -¿W'- ~K~ \w4 ~~ ~ "ì ~ ~ q~ ~I!^ -~ ~~ (f'1~~ j~~ ~~ ~1l{~Îf~ Y\~' ~ RECEIVED MAR 0 6 2002 CITY OF CHANHAS . CITY OF _SEN i 7700 Market Boulevard . POBox 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax 952.227.1110 ¡Building inspections 'I' Phone:952.227.1180 , Fax: 952.227.1190 Engineering Phone: 952227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone:952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Couller Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone:952227.1125 Fax: 952.227.1110 Web Slle WN.ci.chanhassen.mn.us -..-...--..---- MEMORADOM TO: City Council FROM: Kate Aanenson, AICP, Community Development Department ~ DATE: March 6, 2002 SUBJ: McAllister Property Ms. McAllister has requested that the final plat for Arboretum Village not be approved as submitted. She is alleging that she has a historic farm that was not considered with the review of Arboretum Village. It is staff s opinion that her issue is with the Anny Corps of Engineers and the State Historic Society. The following is an excerpt from a memo I gave the City Council several months ago, The staff position remains the same--the development was approved by all required jurisdictions and all permits have been secured. "After Arboretum Village was approved Ms. McAllister was upset about the 300' separation between the uses and that it was not being enforced. She was alsc. concerned about the EA Wand the historic potential of her property, The City Attorney had prepared a letter stating that the 300' separation between neighboring uses was onus on rhe McAllister property. I informed Ms. McAllister that I would amend that requirement in the Interim Use Standards. She did not want it changed. She wanted Pulte Homes held to that standard. I informed her that the legal opinion was that I could not hold Pulte Homes to that requirement. Ultimately the Council approved the project with a setback of less then 300 feet between the two uses, Ms, McAllister is unhappy with ¡his outcome. She has also raised an issue regarding the historic potential of her property. Pulte Homes did a historical assessment of the McAllister property. It may be eligible for the National Historic Register. Ms. McAllister has every right to pursue placing her property on the historic register. Regardless of the fact that the city does not have to have a historic preservation ordinance, she can still pursue this historic status. If this site were on the historic register, or if there were state or federal monies involved in any adjacent project, they would have to take into consideration the homestead. I spoke with the State Historical Society to see what Ms. McAllister's issues were with the Army Corps permit. She believed that because of the federal jurisdiction and the potential historical sIgnificance the wetland permit should not have been issued. The permit for the wetland was in the corner of Hwy. 5 and 41. The Army Corps saw little nexus, as did staff, with the McAllister property. The state also told me they were not going to challenge the federal government on their interpretation. " Ie City 01 Chanhassen . A growing communily with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautilul parks. A g~at place to live, work, and play. o Changes to building detail plans dated January 16, 200 I, shall be required. o 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. c, 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. e. Central air conditioning shall be included in the base price of all homes per the EA W noise abatement recommendation. f, 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. I. 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. 4 o Each town house shall consist of three or four units. No more than two garage doors may be adjacent to each other. o Each unit shaH utilize accent architectural features such as round louvers, dormers, etc. o AH units shall utilize fiberglass shingles. o Each unit shaH have a minimum of I overstory tree within its front landscape yard. o AH units shall have access onto an interior street. o AH mechanical equipment shall be screened with malerial compatible to the building or landscaping. 3. Coach Homes o Two Story town homes (four to six unit town homes). o Building exterior material shaH be a combination of 4" vinyl siding or shake and brick. o Colors used shaH be earth tones such as soft gray, creamy white, pearl gray, sheH white, etc. o Each town house shall consist of four or six units. Garage doors must be separated from each other by entryways. o Each unit shall utilize accent architectural features such as dormers, etc. o AH units shaH utilize fiberglass shingles. o Each unit shaH have a minimum of lover story tree within its front landscape yard. o AH units shaH have access onto an interior street. o AH mechanical equipment shall be screened with material compatible to the building or landscaping. 4. Village Homes o Two story town homes with tuck under garage (four to eight unit town homes). o Building exterior material shaH be a combination of 4" vinyl siding or shake and brick. o Colors used shaH be earth tones such as soft gray, creamy white, pearl gray, sheH white, etc. o Each town house shall consist of four to eight. Garage doors must be staggered. o Each unit shaH utilize accent architectural features such as dormers, bay windows, arched windows, shutters, etc. o AH units shall utilize Class A fiberglass/asphalt shingles (230 lb. per sq. inch). o Each unit shall have a minimum of 1 overs tory tree within its front landscape yard. e AH units shaH have access onto an interior street. C AH mechanical equipment shall be screened with material compatible to the building or landscaping. 3 '¡. 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) D One level town homes (with or without basement). o Building exterior material shall be a combination of 4" vinyl siding or shake and brick. D Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell white, etc.). D 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. D Each unit shall utilize accent architectural features such as arched louvers, dormers, etc. D All units shall utilize fiberglass shingles. D Each unit shall have a minimum of I overstory tree within its front landscape yard. D All units shall have access onto an interior street. D All mechanical equipment shall be screened with material compatible to the building or landscaping. 2. Manor Homes (three to four unit town homes) D Split level town homes with basement. D Building exterior material shall be a combination of 4" vinyl siding, vinyl shakes, brick and stone. C Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell white, etc. 2 EXIDBIT C ABORETUM VILLAGE PUD DEVELOPMENT DESIGN STANDARDS a. 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 shall 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-thm windows), office, day care, neighborhood scale commercial, 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 Reouired Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet ** 7* Hard Surface Commercial 70% Not available at this time Hard Surface Coverage (Total site) 30% 29% * not accepted ** Council approval of 10 minimum for residential only in those area adiacent to public streets except Highways 41, 5 and West 78th Street. TABLE OF CONTENTS SPECIAL PROVISIONS PAGE I. REQUEST FOR PLAT APPROV AL............................................................................SP-I 2. CONDITIONS OF PLAT APPROVAL ........................................................................SP-I 3. DEVELOPMENT PLANS ............................................................................................SP-I 4. IMPROVEMENTS ..................................................................................................,.....SP-2 5. TIME OF PERFORMANCE .........................................................................................SP-2 6. SECURITY... ...... ,...... ...... ... ..., ... ... ....... ,..,.. ,...... ... ... ... ... ... .............. ........... ... ... ....... ......., SP-2 7. NOTICES.. ........., ...... ...,.. ,.. .... ... ... ,...... ... ... .... ... ,.. ,.. ,..... ...... ...... ..... ,.. ... ............ ... ... .......,. SP-3 8. OTHER SPECIAL CONDITIONS................................................................................SP-3 9. GENERAL CONDITIONS ..................................,......................................................... SP-6 GENERAL CONDITIONS I. RIGHT TO PROCEED..................,..............................................................................GC-I 2. PHASE DEVELOPMENT ...........................................................................................GC-I 3. EFFECT OF SUBDIVISION APPROV AL..................................................................GC-I 4. IMPROVEMENTS ................................................,.................,...............,.....,..............GC-I 5. IRON MONUMENTS .................,.....".....,........................,..................................,......,GC-2 6. LICENSE ..... ...... ...... ,..... ...... ,... ... .... ... ,...... ...... ... .... ...... ...... ... ........ ,.... ,.. ... ... ... ... ... .... ..... GC-2 7. SITE EROSION CONTROL ..................,...........................................................,.........GC-2 7 A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING............,..........................,............,.....,............,.........................................,..GC-2 8. CLEAN UP ...................................................,.....,.......................,..........,.....,..,.............GC-2 9. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-2 10. CLAIMS.......... .....,...... ............. ....... ......,......, .....,............ ............ ..........,..... ....... ........... GC-3 11. PARK AND TRAIL DEDICATION ............................................................................GC-3 12. LANDSCAPING ..............................,..................................,....,..........,..............,...,...,.GC-3 13. WARRANTY ...........,.......................................,.....,...............,......,..........,............,......GC-4 14. LOT PLANS............. ....... ......,......, ............. .................. ....................... ......................... GC-4 15. EXISTING ASSESSMENTS .............,..............................,..,.......................................GC-4 16. HOOK-UP CHARGES .......................,.....,..............................................,............,.......GC-4 17. PUBLIC STREET LIGHTING .....................................................................................GC-4 18. SIGNAGE .......... ... ... ... ... ....... ....... ... .......... ... ... ...... ....... ..... ,..... ... ........ ... ... ...... ... ... ,... .... .GC-4 19. HOUSE PADS .....................,......................................................................................,.GC-4 20, RESPONSffiILITY FOR COSTS..........................................,...................................,..GC-4 21. DEVELOPER'S DEFAULT .....................................................................................,...GC-6 22, MISCELLANEOUS A. Construction Trailers ........................................................................................GC-6 B. Postal Service.. ,...... ... ..., ...... ... ... ....... ...... ... ... ... ... ... ... ..... ... ..... ... ... ... ..... ,...... ... .... GC-6 C. Third Parties.... ............,...... ..................................... ........... .............. ......... ......., GC-6 D. Breach of Contract ............, .................. .......................,........... .......................... GC-6 E. Severability... ............. ............. ... ... ... ... .......... ... ..... ...... ..... ... ... ... ........ ................ GC-6 F. Building Permits ...............................................................................................GC-6 G. W aivers/ Amendments....................................................................... ................ GC-7 H, Release .... ........ ,...............................,.................................................................GC-7 I. Insurance ......... ........ ........................ ,............... ............... ...... .............................GC-7 J. Remedies......................... ........ ,....................... .................................................. GC-7 K. Assiguability .................................................................. ...................................GC-7 L. Construction Hours .................. ........ .................................................................GC-7 M. Noise Amplification. .........................................................................................GC-8 N. Access ...............................................................................................................GC-8 O. Street Maintenance............................................................................................GC-8 P. Stonn Sewer Maintenance ................................................................................GC-8 Q. Soil Treatment Systems .........................................................,..........................GC-8 R. V ariances.............................,.............................. ........ ...... .................................GC-8 S. Compliance with Laws, Ordinances, and Regulations......................................GC-8 T. Proof of Title ....... ................ .... .... .... .... ........ ,.....................................................GC-9 U. Soil Conditions ................... ........ ........ ,....... ,....... ....... ....... ............ ............... .....GC-9 V. Soil Correction .... ,........ ....... ,... .... ........................ ....... ,......................................GC-9 W. Haul Routes..................................................................,.........................................GC-9 X. Development Signs ...........................,....................................................................GC-9 Y. Construction Plans ............................"................................................................... GC-9 Z. As-Built Lot Surveys .,........................"........................,......................................GC-I 0 EXHIBIT C - PUD DEVELOPMENT DESIGN STANDARDS ...................................................C-I 11 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) ARBORETUM VILLAGE 2ND ADDITION SPECIAL PROVISIONS AGREEMENT dated March II, 2002 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, PULTE HOMES OF MINNEOSTA CORPORA nON, a Minnesota corporation (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Arboretum Village 2nd 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. 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 ITom the written tenns of this Contract,. the written tenns shall control. The plans are: PlanA: Final plat approved March II, 2002, prepared by Hedlund Engineering. PlanB: Grading, Drainage and Erosion Control Plan dated January 20, 2002, prepared by Hedlund Engineering. PlanC: Plans and Specifications for Improvements dated January 10, 2002, prepared by Hedlund Engineering. Revised 3/24/99 SP-I 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G, Site GradinglRestoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Erosion Control 5. Time of Performance. The Developer shall install all required improvements by June 30, 2003. The Developer may, however, request an extension of time ftom the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit &om a bank or cash escrow ("security") for $863,004.00. The amount of the security was calculated as 110% of the following: Site GradinglRestoration Sanitary Sewer Watermain Storm Sewer, Drainage System, including cleaning and maintenance Streets Street lights and signs Erosion control Engineering, surveying, and inspection TOTAL COST OF PUBLIC IMPROVEMENTS $ 10.000.00 $ 94.305.00 $ 118.960.00 $ 135.727.00 $ 366.031.00 $ 5.700.00 $ 2.500.00 $ 51.326.00 $ 784.549.00 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The security shall be for a term ending November 15, 2003. The City may draw down the security, without notice, for any violation of the SP-2 terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced ITom time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until all improvements are complete and accepted by the City. 7. Notice. Required notices to the Developer sha1l 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 fo1lowing address: Dennis R. Griswold Pulte Homes of Minnesota Corporation 1355 Mendota Heights Road, Suite 300 Mendota Heights, MN 55120-1112 Notices to the City sha1l 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 fo1lowing address: Chanhassen City Ha1l, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. Compliance with the Development Standards (site plan dated October 23, 2000, revised February 7, 2001, and revised March 5, 2001.) B. The developer (a) sha1l 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 the development of the new planned unit development in accordance with it's approved conditions; and (b) sha1l not entitle the owner of any land located in the 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. C. Submit soils report to the Inspections Division. This shall be done prior to issuance of any building permits. D. A1l 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 private streets sha1l be constructed to support 7-ton per axle desigu weight in accordance with the City Code 20-1118 "design of parking sta1ls and drive aisles." The private streets sha1l be located in a strip of property or easement 40 feet wide. SP-3 E. The applicant shaH apply for and obtain permits ITom the appropriate regulatory agencies, i.e., Watershed District, Metropolitan Environmental Service Commission, Health Department, Minnesota Pollution control Agency, Minnesota Department ofNatura1 Resources, and Minnesota Department of Transportation and comply with their conditions of approval. F. No berming or landscaping will be aHowed within the right-of-way except landscaping along the ITontage road in accordance with the Trunk Highway 5 Corridor Study. G. 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. H. The applicant shall report to the City Engineer the location of any draintiles fonnd during construction and shall relocate or abandon the drain-tile as directed by the City Engineer. I. Landscaped median islands maybe permitted within the public streets contingent upon the developer entering into an encroaclunent agreement with the city and the medians do not pose a traffic safety issue. J. 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. K. Walls and projections within 3 feet of property lines shaH be of one-hour fire-resistive construction. L. Any building classified as an R-l 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. M. The buildings will be required to be designed by an architect and engineer as determined by the building official. N. Landscaping and tree preservation: I. Tree protection fencing shaH be installed prior to construction around all areas designated for preservation. 2. AH 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. SP-4 3. 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. 4. Boulevard trees along West 78th Street shall be spaced 55 feet apart. 5. All Colorado spruce specified in landscape plans shall be replaced by a new selection of evergreen. 6. A revised landscape plan shall be submitted to the city for approval. O. 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. P. 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. Q. The main loop streets north and south of West 78th Street and the street accessing the city park in the northeast comer 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. R. 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. S. The remaining park and trail dedication fees required to be collected prior to the city signing the final plat are as follows: 14 twins = 28 units Park fee 28 x $1,500 = Trail fee 28 x $500 = $42,000 $14,000 Remaining 114 units Park fee 114 x $1,250 = Trailfee 114x$417= Total $142,500 $47.538 $246,038 T. Pulte Homes shall construct the north and east wetland trail as public amenities with reimbursement ITom the city's trail dedication fund. All necessary public easements required to accommodate these trails shall be dedicated to the city. SP-5 . U. Sanitary sewer and water hookup charges shall be collected at the time of each building pennit issuance. The current hookup charges are $1,382 for sanitary sewer and $1,802 for water. V. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit in the amount of $863,004 and pay an administration fee of $105,476. W. The applicant's engineer shall work with City staff in revising the construction plans to meet City standards. 9. 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-6 CITY OF CHANHASSEN BY: Linda C. Jansen, Mayor (SEAL) AND: Todd Gerhardt, City Manager DEVELOPER: Pulte Homes of Minnesota Corporation BY: Dennis R. Griswold, Director of Land STATE OF MINNESOTA) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 20_, by Linda C. Jansen, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City ofChanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 SP-7 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Outlots H, I, and K of Arboretum Village, Carver County, Minnesota. SP-8 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: I) 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 multiphased 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 ITom the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 4. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits ITom the Metropolitan Council Environmental 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 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 ftom 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 concemed, including the City staff, to review the program for the construction work. GC-I 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. I. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 6. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 7. Site Erosion Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule of supplementary instructions received ftom 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 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, ftom streets and the surrounding area that has resulted ITom 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 GC-2 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 ITom 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 ITom any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 11. Park and Trail Dedication. At the time of issuance of building permits for construction, the Developer, its successors or assigns, shall pay to the City the park and trail dedication fees then in force pursuant to Chanhassen City Ordinances and City Council resolutions. One-third (1/3) of the park and trail cash contribution shall be paid contemporaneously with the City's approval of the subdivision. The balance, calculated as follows, shall be paid at the time building permits are issued: rate in effect when a building permit is issued minus the amount previously paid. 12. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half (2Y2) 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 I 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 ITom the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be retumed. 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. GC-3 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 ITee at the time of planting. A11landscape plantings shall be warranted for eighteen (18) months ITom the time of formal acceptance by the City. The Developer or his contractor(s) shall post a letter of credit or other security acceptable to the City to secure the warranties at the time of final acceptance. The security amount shall be 100% of the total construction cost. 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 ftom 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. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and water trunk availability to the site and the hook-up charges established by the City as reasonable compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said hook-up charges are collectible at time of building permit unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 17. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity for each public street light for twenty (20) months. 18. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 19. 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. 20. 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: GC-4 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; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2Yz%) of construction costs for the fIrst $1,000,000 and one and one-half percent (I Yz%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the fmal fee shall be detennined 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 20E of this Agreement. C. The Developer shall hold the City and its officers and employees hannless ITom claims made by itself and third parties for damages sustained or costs incurred resulting ITom 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 payor 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 attomeys' 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 mayor 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 GC-5 development improvements. These services shall be provided in accordance with each of the respective ftanchise 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. 21. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 22. 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 ITom 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 fÌom it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. GC-6 ---- G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum often (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 ITom 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, ITom 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated. If construction occurs outside of the permitted construction hours, the Developer shall pay the following administrative penalties: First violation Second violation Third & subsequent violations $ $ 500.00 1,000.00 All site development and construction must cease GC-7 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. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public ITom traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water ftom the plat. The Developer shall follow all instructions it receives ITom the City conceming 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. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Q. Soil Treatment SYStems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect ftom alteration, unless suitable altemative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Pennit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances ITom the City's ordinances. S. Compliance with Laws. Ordinances. and Regulations. In the development of the plat the Developer shall comply with all laws, o~dinances, and regulations of the following authorities: GC-8 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of TitJe. 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 goveming body members, officers, and employees ITom any claims or actions arising out of the presence, if any, of hazardous wastes or poJlutants on the property, unless hazardous wastes or poJlutants 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 fiJl material a soils report ITom a qualified soils engineer is not required unless the City's building inspection department determines ITom observation that there may be a soils problem. On lots with fiJl material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report ITom a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fiJl material that have been custom graded, a satisfactory soils report ITom a qualified soils engineer shaJl be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. Bluff Creek Drive ITom Trunk Highway 212 to Pioneer Trail (CSAR 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 SÜms. 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 shaJl 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 foJlowing 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 fuJI-size construction plans and four sets of II"xI7" reduced construction plan sets and three sets of specifications. Within sixty (60) days after the completion of the utility improvements and base course pavement and before the security is released, the GC-9 Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2) two complete full-size sets of blue line/paper 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, (6) bench mark network, (7) digital file of as-built plans in both .dxf & .tif format, and (8) digital file of utility tie sheets in either .doc or .tifformat. The Developer is required to submit the final plat in electronic format. Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. GC-IO EXHIBIT C ABORETUM VILLAGE PUD DEVELOPMENT DESIGN STANDARDS a. 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 shall 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. Ifthere 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 establislunents to meet daily needs of residents, Such uses may include small to medium sized restaurant (no drive-thru windows), office, day care, neighborhood scale commercial, 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 ITom roadways and exterior property lines. The following table displays those setbacks. Setback Reauired Minimum ProDosed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Ricl1t-of- Wav 30 feet ** 7* Hard Surface Commercial 70% Not available at this time Hard Surface Coverage (Total site) 30% 29% * not accepted ** Council approval of 10 minimum for residential only in those area adi acent to public streets except Highways 41, 5 and West 78th Street. C-I 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 roofline. 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. I, Club Homes (Rambler attached two unit town homes) D One level town homes (with or without basement). D Building exterior material shall be a combination of 4" vinyl siding or shake and brick. D Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell white, etc.). D Each town house shall consist of two units, One unit will have a side-loaded garage and the other will have a ITont loaded garage. D Each unit shall utilize accent architectural features such as arched louvers, dormers, etc. D All units shall utilize fiberglass shingles. D Each unit shall have a minimum of I overstory tree within its ITont landscape yard. D All units shall have access onto an interior street. D All mechanical equipment shall be screened with material compatible to the building or landscaping. 2. Manor Homes (three to four unit town homes) D Split level town homes with basement. D Building exterior material shall be a combination of 4" vinyl siding, vinyl shakes, brick and stone. C-2 - -.-..--- o Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell white, etc. o Each town house shaH consist ofthree or four units. No more than two garage doors maybe adjacent to each other. o Each nnit shall utilize accent architectural features such as round louvers, dormers, etc. o All units shall utilize fiberglass shingles. o Each unit shall have a minimum of 1 overstory tree within its ITont landscape yard. o All units shaH have access onto an interior street. o All mechanical equipment shaH be screened with material compatible to the building or landscaping. 3. Coach Homes o Two Story town homes (four to six unit town homes). o Building exterior material shaH be a combination of 4" vinyl siding or shake and brick. o Colors used shaH be earth tones such as soft gray, creamy white, pearl gray, shell white, etc. o Each town house shall consist of four or six units. Garage doors must be separated ITom each other by entryways. o Each unit shaH utilize accent architectural features such as dormers, etc. o All units shall utilize fiberglass shingles. o Each unit shaH have a minimum of lover story tree within its ITont landscape yard. o AH units shaH have access onto an interior street. o AH mechanical equipment shaH be screened with material compatible to the building or landscaping. 4. Village Homes o Two story town homes with tuck under garage (four to eight unit town homes). o Building exterior material shall be a combination of 4" vinyl siding or shake and brick. o Colors used shaH be earth tones such as soft gray, creamy white, pearl gray, sheH white, etc. o Each town house shall consist of four to eight. Garage doors must be staggered. o Each unit shaH utilize accent architectural features such as dormers, bay windows, arched windows, shutters, etc. o AH units shall utilize Class A fiberglass/asphalt shingles (230 lb. per sq. inch). o Each unit shaH have a minimum of 1 overstory tree within its front landscape yard. o AH units shaH have access onto an interior street. C-3 o All mechanical equipment shall be screened with material compatible to the building or landscaping. o Changes to building detail plans dated January 16,2001, shall be required. o A design palette shall be approved for the entire proj ect. The palette shall include colors for siding, shakes, shutters, shingles, brick and stone. The following desigu standards be incorporated in the development: a. Vinyl shakes are an acceptable material on all home styles. b. Prohibit shiplap siding. c, 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. e. Central air conditioning shall be included in the base price of all homes per the EA W noise abatement recommendation. f. The percent of brick and other materials for each building style shall be built as per Attaclunent A. g. Commercial design standards shall prohibit standing seam siding as a curtain wall. h. The applicant shall provide benches in the totJot areas. 1. 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. C-4 CITY OF CHANHASSEN ARBORETUM VILLAGE 2ND ADDITION PROJECT NO. 02-03 BREAKDOWN OF ADMINISTRATION FEES - 3/5/02 Estimated Total Cost of Public Improvements $ 784,549.00 3% of Public Improvement Costs (up to $500,000) $ 15,000.00 2% of Public Improvement Costs (over $500,000) $ 5,691.00 Street Lighting Charge (for electricity) 5 Light(s) @ $300.00 $ 1,500,00 Final Plat Process (Attorney Fee for Review and Recording of $ 450.00 Plat and Development Contract) Recording Fees a. Development Contract $ 30.00 b, Plat Filing $ 30.00 c. Encroachment Agreements (2 @ $30) $ 60,00 One-Third Park Fee 28 units x $1500/3 $ 14,000.00 114 units x $1250/3 $ 47,538,00 One-Third Trail Fee 28 units x $500/3 $ 4,676.00 114 units x $417/3 $ 15,846.00 GIS Fee ($25/plat and $1 O/parcel) $ 655.00 TOTAL ADMINISTRATION FEES $ 105,476.00 Arboretum Village 2nd,FEE