2015-35 t
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: June 8, 2015 RESOLUTION NO: 2015-35 �
MOTION BY: Tiornhom SECONDED BY: McDonald ��,
A RESOLUTION APPROVING AMENDMENTS TO CONDITIONS OF �
APPROVAL OF A METES AND BOUNDS SUBDIVISION CREATING TWO PARCELS �
LOCATED AT 2061 WEST 65TH STREET
WHEREAS, John J. and Kimberly E. Corey have requested a subdivision of the pi•operYy
into two lots of 15,165 square feet and 15,159 square feet; and
WHEREAS, the Chanhassen City Council held a public hearing on Noveinber 24, 2014,
and found the plan consistent with the Chanhassen Colnprehensive Plan and Zoning ordinance
and approved Resolution No. 2014-78; and
WHEREAS, one of the conditions of approval was that flle applicant was required to
install the sewer and water service to the vacant property(Par•cel 2) and subinit a �10,000 escrow
to ensure that the work was coinplete and the street properly restored; and
WHEREAS, subsequent to the appi•oval, the applicant requested this condition be
reinoved so that the person(s)purchasing and building on the property would be responsible for
the installation of the sewei• and water service, including the necessaiy road repair to West 65t�'
Street.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council he1•eby
amends the conditions of approval to the metes and bounds subdivision for property located at
2061 West 65`�' St�-eet (legally described as Lot 3, Block 2, Moline's Addition, Carver County,
Minnesota) as follows:
Buildin�
1. The existing structure on proposed Parcel 2 must be provided with sanitaiy sewer coimection
—pei7nit r•equired.
2. Proposed Parcel 1 inust be provided with separate sewer and water seivices (pennit required)
before a building permit is issued.
1
En iileering
1. The City Attorney shall draft and the developer shall execute a"Grant of Permanent
Easement for Public Drainage and Utility Puiposes" docuinent. This document shall be
recorded with the metes and bounds subdivision.
2. A roadway, drainage and utility easement must be dedicated over the portion of the existing
cul-de-sac within the propei�ty and 15 feet beyond the edge of the road. This easement shall
be recorded with the inetes and bounds subdivision.
3. Pz•ior to recording the subdivision the developer shall pay the $45 GIS fee: $25 (subdivision)
plus $10/parcel. ��,
4. Sewer• and water hookup charges are due for*�� Parcel 1, a portion of which shall be
collected before the inetes and bounds subdivision is recorded:
Water: 1 unit x $1,957/unit= $1,957
Sewer: 1 unit x $677/unit= $677
The remainder of the sewer and water hookup charges for Parcel 1 shall be collected with the
building permit.
5. If the final subdivision submittals ai-e received after 2015, all fees shall be recalculated based
on the rates in effect at that time.
6. A plumbing permit is required for the private storm sewer; the plumbing inspector will
inspect the comlection to the city stoi�n sewer inanhole.
7. On Parcel 1, the proposed home style as required by City Code Section 18-40 (4) 2 (iii) is a
slab-on-�•ade home. Based on Interstate Geotechiucal Engineering's observations, the
groundwater elevation is 1.8 feet below the ground elevation of the soil boring. The
developer inust verify the surface elevation of the boring location to determine the elevation
of the groundwater; the lowest floor must be minimum three feet above that elevation per
City Code Section 18-40 (4) 2 (i).
8. Before a building perinit is issued fo1•Parcel 1, the water seivice and sanitai-y sewer service
must be installed. The sanitaly sewer is within West 65t�' Sh�eet, therefore installation of a
sanitaiy sewer service will require cutting into and patching the City street. A Work in Right
of Way permit must be obtained before installing the watez• and sanitaiy sewer service; an
escrow for street repair to ensure that the street is restored shall be part of the permit
requirements. The estin7ated cost of the street repair was $10,000 in 2014. The escrow
a�nount shall be adjusted according to the constr-uction costs at the tiine the Work in Right of
Way perrnit is issued
9. Approval of the subdivision is contingent upon the applicant or property owner entering into
a developinent contract with the City.
2
10. 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 ui�der this Contract. The City shall have
no responsibility or liability to lot purchasers ot�others fo1•the City's failure to enfol•ce tlus
Contract or for allowing deviations fi•om it.
11. Severability. If any portion, section, subsection, sentence, clause,paragraph, or phrase of this
Cont�-act is for any reason held invalid, such decision shall not affect the validity of the
r•einaini�lg portion of this Contract.
12. Waivers/Amendinents. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendinents or waivers sha11 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.
13. Release. This Cont1•act shall i-un with the land and inay be recorded against the title to the
propei�ty. 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 cer-tificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten(10) days for processing.
14. Remedies. Each right,power or remedy herein confei7�ed upon the City is cumulative and in !
addition to eveiy other right,power or remedy, expressed or implied, now or hereafter al7sing, ��,
available to City, at law or in equity, or under any other agreement, and each and eveiy right, �
power and remedy herein set forth or otherwise so existing may be exercised fi-om 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 iight to exercise at any time thel•eaftel-any othei•right,power or remedy.
15. Assi ng abilitX. The Developer may not assign this Cont1•act without the written pei7nission of
the City Council. The Developer's obligation hereunder shall contulue in full force and effect
even if the Developel•sells one or both lots.
16. Soil Conditions. The Developer acknowledges that the City makes no representations or
wai-��anties as to the condition of the soils on the propei�ty or its fitness for construction of the
iinprovements or any other pui�ose for which the Developer may make use of such property.
The Developer futther agrees that it will indeinnify, defend, and hold haimless the City, its
govei�ling body ineinbers, officers, and employees from any claiins or actions arising out of the
presence, if any, of hazardous wastes or pollutants on the propei�ty, unless hazardous wastes or
pollutants were caused to be there by the City.
17. Soil Coi7ection. The property owner or his/her contractoi•shall be i-esponsible for soil
coi7ection work on the property. The City makes no i-epresentation to the Developer concerning
the natur•e of suitability of soils nor the cost of corr•ecting any unsuitable soil conditions wluch
may exist. On lots which have no fill material a soils report fr•om a qualified soils engineer is
not required unless the City's building inspection department deter�nines from obseivation that
there may be a soils problein. On lots with fill lnaterial that have been lnass graded as part of a
multi-lot grading project, a satisfactoiy soils report from a qualified soils engineer shall be
provided before the City issues a building peimit for the lot. On lots with fill material that have
3
been custoin graded, a satisfactoiy soils report from a qualified soils engineer shall be provided
before the City inspects the foundation for a building on the lot.
18. As-Built Lot Suivevs. An as-built lot suivey will be required on all lots prior to the Certificate
of Occupancy being issued. The as-built lot survey must be prepared, si�led, and dated by a
Registered Land Suiveyor. Sod and the bituininous driveways must be installed before the as-
built suivey is coinpleted. If the weather conditions at the time of the as-built are not conducive
to paving the di�iveway and/or installing sod, a temporaiy Certificate of Occupancy may be
issued and the as-built escrow withheld until all work is complete.
Environmental Resource Specialist
1. Tree protection fencing will be required around any preserved trees. It shall be installed prior
to grading and located at the drip lines of flle trees.
2. Landscaping shall be installed in accordance with City Code Section 18-6L Unless otherwise
approved by the City, trees not listed in the City's approved tree list are prohibited. The
mi�limum tree size shall be two and one-half(2'/z) inches caliper, either bare root in season, or
balled and burlapped. The h�ees may not be planted in the boulevard (area between curb and
property line). The lot purchaser shall sod the boulevard area and all drainage ways on each lot
utilizing a minimuln 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 unprovemeilts are not in place at the tune a certificate of
occupancy is requested, a financial guai-antee of$750.00 in the for�11 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 cei-tificate of occupancy is
issued between October 1 through May 1 these conditions must be complied with by the
following July 1 st. Upon expuation of the time period, inspections will be conducted by City
staff to verify satisfactoiy completion of all conditions. City staff will conduct inspections of
incomplete items with a $50.00 inspection fee deducted from the escrow fund for each
inspection. After satisfactoiy inspection, the financial guarantee shall be returned. If the
requireinents are not satisfied, the City inay use the security to satisfy the requirements. The
City inay also use the escrowed funds for maintenance of erosion cont�•ol pursuant to City Code
Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These
requireinents supplement,but do not replace, specific landscaping conditions that may have
been required by the City Council for project approval.
Parks
l. Park fees of$5,800.00 shall be paid for each new single-family lot prior to the recording of
the property deed.
Plannin�
1. Deeds shall submitted to the city for review and recorded at Caiver County for the two
parcels.
4
2. A building pei7nit shall not be issued unless all soil coi7•ections have been coinpleted as
iildicated in the attached exhibits titled"Subsurface Soil Investigation" dated October 25,
2014 and November 13, 2014.
3. Changes in Official Controls. For two (2) yeais froin the date of tlus Contract, no ainend�nents
to the City's Coinprehensive Plan, except an amendment placing the plat in the cui7•ent urban
se�vice area, or official controls shall apply to or affect the use, developinent 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 tlus Contract
to the conn-ary, to the full extent pei7nitted by state law the City may require compliance with
any ainendments to the City's Comprehensive Plan, official controls,platting or dedication
requirements eiiacted after the date of this Contract.
4. I7•on Monuinents. Before the security for the completion of utilities is released, all monuments
must be correctly placed in the ground in accordance with Mim1. Stat. § 505.02, Subd. 1. The
Developer's suiveyor shall submit a wt•itten notice to the City certifying that the monuments
have been installed.
5. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable
without the need for variances from the City's ordinances.
6. Carnpliance with Laws, Ordinances, and Re�ulations. In the development of the plat the
Developer shall colnply with all laws, ar-dinances, and regulations of the following authorities:
a) City of Chanhassen;
b) State of Minnesota, its agencies, departments and coininissions;
c) Uiuted States A17ny Coips of Enguleers;
d) Watershed District(s);
e) Metropolitan Govez�nent, its agencies, departments and cormnissions.
7. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactoiy to
the City that it has the authority of the fee owners and contract for deed purchasers to enter into
this Development Contract.
Water Resource Coordinator
1. Total surface water manageinent fees due prior to recording the property deed ai-e$1,914.55.
2. Erosion Control During Consn�uction of a Dwelling or Other Buildiiig. Before a building
pei7nit is issued for consh-uction of a dwelling or other building on a lot, a$500.00 cash escrow
or letter of credit per lot shall also be furnished to the City to guarantee coinpliance with City
Code § 7-22.
5
Passed and adopted by the Chanllassen City Council this 8t�' day of June, 2015.
ATTEST:
�
..� // F/ '� t �
. /t��: ��� �
. . . � . . ,.,�A.-�
T dd Gerhardt, City Clerk/Manager Denny Laufenburger, Mayor
YES NO ABSENT
Laufenburger None None
Campion
McDonald
Ryan
Tj ornhom
6