2015-46 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: July 27,2015 RESOLUTION NO: 2015-46
N10TION BY: McDonald SECONDED BY: Camnion
A RESOLUTION APPROVING AMENDMENTS TO CONDITIONS OF
APPROVAL OF A METES AND BOUNDS SUBDIVISION CREATING TWO PARCELS
LOCATED AT 2061 WEST 65T" STREET
WHEREAS, John J. and Kimberly E. Corey have requested a subdivision of the property
into two lots of 15,165 square feet and 15,159 square feet; and �
WHEREAS, the Chanhassen City Council held a public hearing on November 24, 2014, �,
and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance I
and approved Resolution No. 2014-78; asid �,
WHEREAS, the Chanhassen City Council met on June 8, 2015, and found the plan ��
consistent with the Chanhassen Comprehensive P1an and Zoning ordinance and approved I
Resolution No. 2015-35; and �
WHEREAS, one of the conditions of approval was that the applicant was required to I
install the sewer and water service to the vacant property(Parcel2) and submit a $10,000 escrow �
to ensure that the work was complete and the street properly restored; and
WHEREAS, subsequent to the approval, 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 sewer and water service, including the necessary road repair to West 65t�' �
Street.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby:
1. Rescinds resolutions 2014-78 and 2015-35.
2. Approves the following metes and bounds subdivision of 2061 West 65'�d Street (Plamling
Case#2014-30) for property legally described as Lot 3, Block 2, Moline's Addition, Carvei•
County, Minnesota:
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3. Amends the conditions of appi•oval to the metes and bounds subdivision for property located
at 2061 West 65th Sti-eet (legally described as Lot 3, Block 2, Moline's Addition, Carver
County, Minnesota) as follows:
a. Metes and bounds subdivision Parcel 1 and Parcel2 with the following coiiditions:
Buildin�
1. The existing structure on proposed Parcel2 must be provided with sanitary sewer connection ��,
—permit required. �I
2. Proposed Parcel 1 must be provided with separate sewer and water sei•vices (permit required) ��,
befoi•e a building permit is issued. '�
En ing eer•ing
1. The City Attorney shall draft and the developer shall execute a"Grant of Peimanent
Easement for Public Drainage and Utility Purposes" document. This document shall be
recorded with the metes and bounds subdivision.
2. A roadway, drainage and utility easeinent must be dedicated over the portion of the existing
cul-de-sac within the property and 15 feet beyond the edge of the road. This easement shall
be recorded with the metes and bounds subdivision.
3. Prior 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 metes 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 are received after 2015;all fees shall be recalculated based
on the rates in effect at that time.
6. A plumbulg permit is i•equued for the private storm sewer; the plumbing inspector will
inspect the connection to the city stonn sewer manhole.
7, On Parcel l, the proposed home style as required by City Code Section 18-40 (4) 2 (iii) is a
slab-on-grade home. Based on Intelstate Geotechnical Engineering's observations, the
groundwater elevation is 1.8 feet below the gr•ound elevation of the soil boring. The
developer must verify the surface elevation of the boring location to determine the elevation
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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 permit is issued for Parcel 1, the water service and sanitary sewer service
must be installed. The sanitary sewer is within West 65t1i Street, therefoi-e 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 water and sanitary sewer service; an
escrow for street i•epair to ensure that the street is restored shall be part of the pei7i7it
requirements. The estimated cost of the street repair was $10,000 in 2014. The escrow
amount shall be adjusted according to the construction costs at the tilne the Work in Right of
Way per-mit is issued
9. Approval of the subdivision is contingent upon the applicant or proper�ty owner entering into
a development contract with the City.
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 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 fi•om it.
11. Severabilitv. 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.
12. 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, a�nendments 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 enfarce this Contract shall not be a waiver or
release.
13. 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 Cont1•act, at the
Developer's request the City Manager will issue a Certificate of Compliance. Pt�ior•to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing. I
14. Remedies. Each right,power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, expressed or implied,now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every right,
power and remedy herein set forth or otherwise so existing may be exercised from time to time
as often and in such ordei•as may be deemed expedient by the City and shall not be a waiver of
the right to exei•cise at any time thereafter any other right,power or remedy.
15. Assi ability. 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 both lots.
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16. Soil Conditions. The Developer acknowledges that the City makes no representations or
wairanties as to the condition of the soils on the property or its fitness for construction of the
iinprovements or any other purpose for which the Developer inay make use of such property.
The Developer further agrees that it will indeinnify, defend, and hold hannless the City, its
governing body members, officers, and employees fi•om any claims or actions arising out of the
presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
17. Soil Correction. The property owner or his/her contractor shall be responsible for soil
correction work on the property. The City makes no representation to the Developer conceining
the nature of suitability of soils nor the cost of con•ecting any unsuitable soil conditions which
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 determines froin obseivation that
there may be a soils problem. On lots with fill material that have been mass g7•aded as part of a
multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be
provided before the City issues a building permit foz•the lot. On lots with fill material that have
been custom �•aded, a satisfactory 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 Surveys. 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, signed, and dated by a
Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as-
built survey is completed. If the weather conditions at the time of the as-built are not conducive
to paving the driveway and/or installing sod, a temporary Certificate of Occupancy inay be
issued and the as-built escrow withheld until all work is complete.
Environmental Resource Specialist
L Tree protection fencing will be required around any preserved trees. It sha11 be installed prior
to grading and located at the drip lines of the trees.
2. Landscaping sha11 be installed in accordance with City Code Section 18-61. Unless otherwise
approved by the City,trees not listed in the City's approved tree list are prohibited. The
minimum tree size shall be two and one-half(2'/2) inches caliper, either ba�•e root in season, or
balled and burlapped. The trees may not be planted in the boulevard (area between curb and
property line). The lot purchaser sha11 sod the boulevard area and all drainage ways on each lot
utilizing a ininiinuin of four(4)inches of topsoil as a base. Seed or sod shall also be placed on
a11 disturbed areas of the lot. If these improveinents 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 inust then be complied with within two (2) ',
months after the certificate of occupancy issued, except that if the certificate of occupancy is
issued between October 1 through May 1 these conditions must be complied with by the
following July 1 st. Upon expiration of the time period, inspections will be conducted by City
staff to verify satisfactory completion of all conditions. City staff will conduct inspections of
incomplete items with a$50.00 inspection fee deducted from the escrow fund for each
inspection. After satisfactory inspection, the financial guarantee shall be returned. If the
requirements are not satisfied, the City may use the security to satisfy the i•equirements. The
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City may also use the escrowed funds for maintenance of erosion control pursuant to City Code
Section 7-22 or to satisfy any other requirements of this Contr•act 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.
Parks
1. Park fees of$5,800.00 shall be paid foi°each new single-family lot prioi•to the recording of
the property deed.
Planning
1. Deeds shall be submitted to the city for review and recorded at Carver County for the two
parcels.
2. A building permit shall not be issued unless all soil con•ections have been completed as
indicated in the attached exhibits titled "Subsurface Soil Investigation" dated October 25,
2014 and Noveinber 13, 2014.
3. Chan�es in Official Controls. For two (2)years fi•om the date of this Contract, no asnendments
to the City's Comprehensive Plan, except an amendment placing the plat in the current urban I
service area, or official controls shall apply to or affect the use, development density, lot size, �i
lot layout or dedications of the approved plat unless required by state or federal law or agreed to I,
in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract '
to the contraiy, 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. Iron Monuments. Before the security for•the completion of utilities is released, a11 monuments
must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The
Developer's surveyor shall submit a written notice to the City cer�tifying that the monuments
have been installed.
5. Vai7ances. 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. Coinpliance with Laws, Ordinances, and Regulations. In the development of the plat the
Developer shall comply with all laws, ordinances, and regulations of the following authoi7ties:
a) City of Chanhassen;
b) State of Minnesota, its agencies, departinents and commissions;
c) United States Anny Corps of Engineers;
d) Watershed District(s);
e) Metropolitan Governinent, its agencies, departinents and cormnissions.
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7. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to
the City that it has the authority of the fee owners and contract for deed purchasers to enter into
this Development Contract.
Water Resource Coordinator
1. Total surface water management fees due prior to recording the property deed as-e $1,914.55.
2. Erosion Control During Construction of a Dwelling or Other Building. Before a building
pei7nit 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 to the City to guarantee compliance with City
Code § 7-22.
Passed and adopted by the Chanhassen City Council this 27�' day of July, 2015.
ATTEST:
i
�-����'����, - ��
T�dd Gerhai-dt, City Clerk/Manager Denny L fenbur er, Mayor
YES NO ABSENT
Laufenburger None None
Campion
McDonald
Ryan
Tj ornhom
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