1d-1 Brenden Ponds 3rd Addition Final Plat Approval
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CITY OF
CHANHASSEN
MEMORANDUM
TO:
Don Ashworth, City Manager
City Center Drive, PO Box 147 FROM:
IJanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612.937.5739
19ineering Fax 612.937.9152 DATE:
blie Safety Fax 612.934.2524
'Ieb lUww.ei.ehllliJilssCll.IIJII,lIS SUBJ:
Sharmin AI-Jaff, Planner II
David Hempel, Assistant City Engineer
Phillip Elkin, Water Resources Coordinator
November 9, 1998
Final Plat to Subdivide 5.54 Acres into 8 single family lots, Brenden
Pond Third Addition
PROPOSAL/SUMMARY
On September 28, 1998, the City Council approved the following:
Preliminary plat to subdivide 5.5 acres into single family lots in keeping with and
conforming to city ordinances and not changing the existing platted lots al~~ady in
Brenden Ponds Addition 1 and 2 with the redesign keeping in mind that there are
some issues on council's part over the delineation of wetland, and subject to the
following conditions:
1. The proposed development will be responsible for a water quantity
connection fee of$8,553 and a water quality fee of $3,456 assuming 4.32
acres of developable land. This fee is due payable to the City prior to the
City filing the final plat. Ifthere are any modifications to the acreage or
casement acquisition, the fees will be modified prior to final plat approval.
This condition has been modified to read, "The proposed development
will be responsible for a water quantity connection fee of $8,553 and a
water quality fee of $3,456, assuming 4.32 acres of developable land.
The applicant will receive credit for dedicating a 2,700 sq. ft. drainage
easement or $1,115. The total fee would then be $10,894. This fee is
due payable to the city prior to the city filing the final plat."
2. All lots must conf{)rm to the City's wetland ordinanoe. Lot 1, Block 2 needs
to be removed/relocated to meet the City's buffer strip requirements. The
developer may appeal this determination through the use of a Technical
Eyaluation Panel. The natural wetland buffer area shall be surveyed and
staked in accordance with the City's wetland ordinance. The developer will
install wetland buffer edge signs under the supervision of city staffbefore
construction begins and pay the City $20 per wetland sign.
be City of Chal/hassen. A growiilg communit)' luith dUlllal,,'.', i}l!Jzli~v scbools, a d:1i7iiiilg dOlUntoli'il, thril'ing businesses, and beautifit! pmks. A gmit p!llce to lil't', wort:. Jiild plaJ(
Brenden Pond Third Addition
November 9, 1998
Page 2
This condition has been modified to read, "The natural wetland buffer area shall be
surveyed and staked in accordance with the city's wetland ordinance. The developer
will install wetland buffer edge signs under the supervision of city staff before
construction begins and pay the city $20 per wetland sign."
3. The lowest floor elevation of all buildings adjacent to wetlands and storm ponds shall be a
minimum of 2 feet above the IOO-year water level.
This condition still applies.
4. The developer shall report to the City Engineer the location of all drain tiles found during
construction. Drain tile should be relocated or abandoned as directed by the City
Engineer.
This condition still applies.
5. The developer shall enter into a development contract for Brenden Pond 3rd Addition with
the city and provide the necessary financial security to guarantee the installation of the
public improvements in compliance with the conditions of approval.
This condition still applies.
6. The developer shall revise the grading plan to include Type III erosion control adjacent to
all wetlands and provide Type I silt fence along the north right-of-way line of Lake Lucy
Road and Brenden Court. Erosion control blanket shall be utilized on all slopes
exceeding 3: 1 as soon as grading is completed.
This condition has been met.
7. Lots 1 and 2, Block 2 shall be designated custom-graded lots. Individual grading,
drainage, tree removal and erosion control plans shall be submitted to the city for review
and approval prior to issuance of a building permit on Lots 1 and 2, Block 2. The first
floor elevation of the homes may be up to three one feet below the curb height on Lake
Lucy Road.
This condition has been modified.
8. The developer shall revise the plans to include a drain tile, storm sewer and catch basin to
convey storm water from the rear of Lots 1 through 5, Block 1. Detailed utility
construction plans and specifications in accordance with the city's latest edition of
Standard Specifications and Detail Plates shall be submitted to the city three weeks prior
to final plat consideration for staff review and City Council approval.
Brenden Pond Third Addition
November 9, 1998
Page 3
This condition has been met.
9. Detailed storm drainage calculations and area drainage map for a 10 and 100-year, 24-
hour storm event shall be submitted to the City Engineer for review and approval prior to
final plat.
This condition has been met.
10. The developer shall resolve with the city the responsibility for extending sanitary sewer
and water service to Lot 1, Block 2.
This condition has been met.
11. On-street parking shall be prohibited along both sides of Lake Lucy Road.
This condition still applies.
12. All areas disturbed during site grading shall be immediately restored with seed and disc-
mulched or wood fiber blanket within two weeks of completing site grading unless the
City's (BMPH) planting dates dictate otherwise. All areas disturbed with slopes of 3: 1 or
greater shall be restored with sod or seed and wood fiber blanket.
This condition still applies.
13. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Watershed District, MCES, Health Department, PC^.., DNR, "^..rmy Corps of
Engineers and comply with their conditions of approval.
This condition has been modified to read, "The applicant shall apply for and obtain
permits from the appropriate regulatory agencies, i.e. Watershed District, and
comply with their conditions of approval."
14. Access to the individual lots shall be limited to the interior streets and not from Lake
Lucy Road with the exception of Lots 5 and 6, Block 1 and Lots 1 and 2, Block 2.
This condition still applies.
IS. The developer shall dedicate on the final plat the necessary drainage, and utility aOO
street easements to encompass the proposed street, drainage and utility improvements as
shown on the construction plans for Lake Lucy Road dated June 8, 1998 prepared by
ReM. Lake Lucy Road right of ',vay shall be 80 feet vlide. storm water pond
construction by the city on Lot 2, Block 2. The developer shall be entitled to credits
Brenden Pond Third Addition
November 9, 1998
Page 4
against their SWMP fees in accordance with the city's SWMP plan for the land
dedication.
This condition has been modified to read, "The developer shall dedicate on the final
plat the necessary drainage and utility easements to encompass the storm water
pond construction by the city on Lot 2, Block 2. The developer shall be entitled to
credits against their SWMP fees in accordance with the city's SWMP plan for the
land dedication.
16. The developer agrees to waive any and all procedural objections to the special
assessments resulting from Project No. 98-1 Lake Lucy Road Improvements including,
but not limited to, hearing requirements and the assessments as outlined in the feasibility
report dated March 1998 prepared by RCM.
This condition still applies.
17. The applicant shall submit a revised landscape plan showing 21 trees. Colorado blue
spruce may be changed to a different variety or species of evergreen.
This condition has been met.
18. Tree protection fencing will be required along all wooded areas at the edge of grading
limits.
This condition still applies.
19. Revised landscaping plans shall also show that all proposed plantings will be located
outside of the street right-of-way. Evergreens shall be located at least 15 feet from the
trail.
This condition has been met.
20. Full park and trail fees shall be collected per city ordinance in lieu of land acquisition
and/or trail construction.
This condition still applies.
21. Staff will review the wetland mitigation area to the east of the property in question to
insure that there is no wetlands or water impact from the current drainage being proposed.
The existing storm drainage culvert under Lake Lucy Road first discharges into a
small water quality pond before overflowing to the existing wetland.
The stream that currently runs under Lake Lucy Road conveys stormwater which
Brenden Pond Third Addition
November 9, 1998
Page 5
begins at the Minnetonka Middle School north of the site. The city has constructed
a storm sewer from Lake Lucy Road to the wetland in anticipation of this
development. The Lake Lucy Road Extension and the Brenden Ponds 3rd Addition
projects are designed to drain into this stormwater system which will pretreat the
runoff before entering the natural wetland. These ponds are widely recognized by
environmental agencies as positive assets toward improving the water quality of
wetlands.
The existing wetland is approximately 10 acres in size and receives drainage from 56
acres of surrounding land. This wetland stores approximately 12.8 acre/feet of
water or about 4 million gallons. The proposed pond will be designed to treat about
2% of that water. However, once this pond is initially filled, there is no more loss of
water since any new water that enters the pond forces existing water out into the
wetland.
The City Council made a motion to leave the lot within the first addition unchanged ("not changing
the existing platted lots already in Brenden Pond Addition I and 2 with the redesign 'J Staff has
not found any ordinances prohibiting the applicant from replatting the parcel. It is permitted under
the ordinance. The applicant submitted revised grading plans and final plat reflecting 8 lots. Staff
evaluated these lots against the ordinance requirements and found that all lots meet the minimum
requirements. Consequently, we are recommending approval of the final plat as submitted by the
applicant with conditions. The site is located east of Hwy. 41, and south of Minnetonka Middle
School West. Access to the subdivision will be provided via an existing cul-de-sac and an
extension of Lake Lucy Road which will connect this subdivision with Highway 41 to the west and
Galpin Boulevard to the east (through the Woodridge Heights Subdivision). All of the proposed
lots meet or exceed the minimum 15,000 square feet of area with an average lot size of 26,870
square feet with a resulting gross density of 1.85 units per acre.
Staff believes that this plat request is a reasonable one and is generally consistent with guidelines
established by the city's Comprehensive Plan and the Zoning Ordinance. We are recommending
that it be approved with conditions outlined in the report.
GRADING
A majority of the site has been graded for development in conjunction with the city's Lake Lucy
Road street project. Soils from the north side of Lake Lucy Road have been hauled to the south
side of Lake Lucy Road to build a portion of Lots 1 and 2, Block 2, and street. Staff has been
working with the applicant in the grading of Lots 1 and 2, Block 2 as custom-graded lots;
however, given the amount of material necessary for the lots and the amount of earthwork
involved in the project, it was prudent to include some of the grading of these lots with the city's
Lake Lucy Road street project. This will minimize damage to Lake Lucy Road and traffic
concerns. An individual grading, drainage, tree removal, and erosion control plan will still be
required on Lots 1 and 2, Block 2 for staff for review and approve prior to issuance of a building
Brenden Pond Third Addition
November 9, 1998
Page 6
permit. The intent is to limit disruption to the property south of Lake Lucy Road. Depending on
the house design, it may be possible to place the home one foot lower than the street and reduce
grading and impacts to the wetland/vegetation.
In conjunction with the city's improvement project for Lake Lucy Road, the existing 30-inch storm
sewer located underneath Lake Lucy Road has been extended southerly along the easterly property
line of Lot 2, Block 2 to the water quality pond built on Lots 1 and 2, Block 2. The grading plan
proposes extending the slopes from Lot 2, Block 2, Brenden Pond 3rd Addition into Lot 1, Block
1, Woodridge Heights 2nd Addition. The homeowner is working with the city to blend grades
along Lake Lucy Road. The grading plan also indicates grading east of Lot 2, Block 2 on the
adjacent property as well. Staffhas contacted the developer's engineer to revise the grades to
match grade at the property line.
The house elevations (top of block) for Lots 5 and 6, Block 1 should be raised to 1012.0 to
provide drainage around the house out to Lake Lucy Road.
DRAINAGE
In conjunction with the city's Lake Lucy Road project, most of the necessary drainage
improvements have been installed to facilitate this development. Staffhas reviewed the grading
and drainage plan and finds them acceptable. A catch basin or flared-end section will be
constructed along the common property lines of Lots 4 and 5, Block 1 at Lake Lucy Road to
convey stormwater runoff from the lots prior to discharging over the trail and into Lake Lucy
Road. This storm sewer improvement will be the responsibility of the developer to install. The
city's Lake Lucy Road project also installed draintile behind the curb in Lake Lucy Road to
address sump pump discharge from some of the lots. The applicant is also extending draintile
along the west line of Lot 5, Block 1 to address sump pump discharge for Lots 1 through 4, Block
1.
In concert with this project and the Lake Lucy Road public improvement project, the city has been
working with the applicant to design a stormwater quality pond on Lots 1 and 2, Block 2. The
city's Surface Water Management Plan (SWMP) has identified this area as a location for a
storm water treatment pond. There is an existing drainage and utility easement on these lots which
will be utilized to facilitate most of the pond. An additional 2,700 square feet is needed to be
dedicated over Lot 2, Block 2 on the final plat to encompass the pond. The developer will be
entitled to SWMP credits for this dedication. Currently, the existing drainage easement extends
up to the proposed house pad on Lot 1, Block 2. The developer may petition the city to vacate the
unused portion in the future.
WETLANDS
Part of a large natural wetland has been identified on site located in the southeasterly comer of the
property. The majority of the wetland is off site with only approximately 2 acres on site.
Brenden Pond Third Addition
November 9,1998
Page 7
Previously, there have been three other delineations prepared that have established this wetland's
northwest boundary along what is now a drainage and utility easement. This easement is
identified on the plan sheet. The most recent delineation by Svoboda Ecological Resources dated
June 20, 1997, identifies a new or revised wetland boundary based on the absence of ground water
hydrology. The city initially rejected this delineation citing that it believed the area has
historically supported the hydrology to be considered a wetland. This opinion was based on past
delineations and the below-normal precipitation conditions prior to the time of delineation.
The applicant appealed this decision for review by a Technical Evaluation Panel (TEP). The TEP
consists of wetland specialists from the state, county and private to resolve differences in wetland
delineations. The TEP met on site and still could not
come to a consensus on the actual wetland boundary. At issue is the ground water levels in the
area. While the TEP panel was divided, the new delineation was permitted due to the following
factors:
· A city well located on the site may be impacting wetland hydrology.
· Previous delineation reports do not detail the presence of wetland hydrology.
· Prior to 1996, an area needed only hydric soils and wetland vegetation to be considered a
wetland. It is highly probable that areas considered wetland in 1994 are no longer defined as
wetland.
· The city is unable to provide records or evidence of ground water levels in this area.
· The applicant provided records showing normal precipitation records at the time of the second
delineation.
The buffer strip width required for natural wetlands is 10 to 30 feet with a minimum average width
of20 feet. The principal structure setback for these wetlands is 40 feet measured from the outside
edge of the buffer strip.
There are some fairly steep side slopes, therefore, it is very important that Type ill erosion control be
constructed and well maintained during construction around the wetland. A potential erosion
problem exists; therefore, the side slope should be re-vegetated as soon as possible after site grading
with erosion control blanket.
Water Quality
The SWMP has established an assessment rate for water quality systems. The cash dedication shall
be equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving
the site. The requirement for cash in lieu of land and pond construction shall be based upon a
schedule in accordance with the prescribed land use zoning. Values are calculated using the market
values ofland in the city ofChanhassen plus a value of$2.50 per cubic yard for excavation of the
Brenden Pond Third Addition
November 9, 1998
Page 8
pond. The proposed SWMP water quality charge for single-family residential developments is $800
per acre. Therefore, the water quality fee for this development would be $3,456 based on 4.32 acres
of developable land.
The applicant will be eligible for credits to this fee for dedication of a drainage easement over the
water treatment pond on Lot 2, Block 2. Staffhas estimated approximately 2,700 square feet of
additional area/easement is needed to encompass the pond. The developer would have been required
to build a 0.50 acre/foot pond which would have resulted in a surface area of7,300 square feet for
this size of development.
Water Quantity
The SWMP has established an assessment rate for different land uses based on an average, city-wide
rate for the installation of water quantity systems. This cost includes all proposed SWMP trunk
systems, culverts, and open channels and stormwater ponding areas for temporary runoff storage.
Single- family residential developments will have an assessment rate of $1 ,980 per acre. The
proposed development would then be responsible for a water quantity assessment fee of$8,553
assuming 4.32 acres of developable land.
UTILITIES
Municipal sewer and water service is available to the development. Individual house services
have been extended to the lots from previous phases.
STREETS
The city is constructing Lake Lucy Road through this development. The project is anticipated to
be substantially completed by the end of November, 1998.
Street access to the development will be via Brenden Court and Lake Lucy Road. Lots 1 through
4, Block I have a street access from Brenden Court. Lots 5 and 6, Block 1 and Lots I and 2,
Block 2 are proposed to access Lake Lucy Road via common curb cuts to minimize turning
movements. This practice has been used in Brenden Pond 15t Addition, Highover, and Woodridge
Heights.
Lake Lucy Road is a Municipal State Aid (MSA) route. The street will be posted with a 30 m.p.h.
speed limit. In both Brenden Pond and Woodridge Heights, No Parking Zones have been
established along both sides of Lake Lucy Road. The applicant should be aware that on-street
parking will be prohibited along both sides of Lake Lucy Road through this development as well.
An 8-foot wide bike trail will be constructed along the north side of Lake Lucy Road in
conjunction with the city's street project.
Brenden Pond Third Addition
November 9, 1998
Page 9
EROSION CONTROL
The final grading plan proposes erosion control measures in accordance with the city's Best
Management Practice Handbook. Type III erosion control fence is proposed along the wetlands
on Lots 1 and 2, Block 2. Type I silt fence is proposed along the front lot lines of Lots 4 through
6, Block 1. A rock construction entrance will be required at all construction entrances.
PARK DEDICATION
The Recreation Section of the Comprehensive Plan identifies this site as lying within the park
service area of Herman Field Park and the Minnetonka Intermediate School campus.
A trail is identified on the comprehensive trail plan, running east/west along the extension of Lake
Lucy Road and will be constructed as a part of this future road project.
The 8 foot trail identified on the plan running along the north side of Lake Lucy Road will be
constructed in conjunction with the city's Lake Lucy Road projects. Full park and trail fees shall be
collected per city ordinance in lieu ofland acquisition and/or trail construction.
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot Lot Lot Home
Area Width Depth Setback
Ordinance 15,000 90' 125' 30' front/rear
10' sides
BLOCK 1
Lot 1 16,877 90' 186' 30'/30'
10'
Lot 2 15,000 96' 161' 30'/30'
10'
Lot 3 15,002 94' 157' 30'/30'
10'
Lot 4 15,491 94.28' 157' 30'/30'
158' corner lot 10'
Lot 5 17,410 90 199' 30'/30'
10'
Brenden Pond Third Addition
November 9,1998
Page 10
Lot 6 16,317 100' 135' 30'/30'
10'
Block 2
Lot 1 78,767 309' 311' 30'/55'*
10'
Lot 2 40,098 167' 415' 30'/65'*
10'
Wetland in Block 2 53,087 Square Feet
Lake Lucy Rd 26,396 Square Feet
The buffer strip width required for natural wetlands is 10 to 30 feet with a minimum average width
of 20 feet. The principal structure setback for these wetlands is 40 feet measured from the outside
edge of the buffer strip.
TREE PRESERV A TION/LANDSCAPING
Tree canopy coverage and preservation calculations for the 3rd Addition of the Brenden Pond
development are as follows:
Total upland area (excluding wetlands)
Total canopy area (excluding wetlands)
Baseline canopy coverage
Minimum canopy coverage allowed
Proposed tree removal
Proposed tree preservation
Difference in canopy coverage
Multiplier
Total replacement
Total number of trees to be planted
188,179 SF or 4.32 ac.
61,855 SF or 1.42 ac.
32.87%
30% or 1.3 ac.
.55 ac.
20% or .87 ac.
18,731 SF or .43 ac.
1.2
22,477 SF
21 trees
A replacement planting plan has been submitted to the city, incorporating 21 trees as replacement
plantings. All replacements must meet minimum size requirements. The city's Lake Lucy Road
project is also planting 21 trees along Lake Lucy Road and around the pond.
Brenden Pond Third Addition
November 9, 1998
Page 11
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves the Final plat for Subdivision #94-10 for Brenden Pond Third Addition
for 8 single family lots as shown on the plans received November 2, 1998, subject to the following
conditions:
I. The proposed development will be responsible for a water quantity connection fee of $8,553
and a water quality fee of$3,456 assuming 4.32 acres of developable land. The applicant
will receive credit for dedicating a 2,700 sq. ft. drainage easement or $1,115 dollars. The
total SWMP fee would then be $10,894. This fee is due payable to the city prior to the city
filing the final plat.
2. The natural wetland buffer area shall be surveyed and staked in accordance with the city's
wetland ordinance. The developer will install wetland buffer edge signs under the
supervision of city staff before construction begins and pay the city $20 per wetland sign.
3. The lowest floor elevation of all buildings adjacent to wetlands and storm ponds shall be a
minimum of 2 feet above the 100-year water level.
4. The developer shall report to the City Engineer the location of all drain tiles found during
construction. Drain tile should be relocated or abandoned as directed by the City
Engineer.
5. The developer shall enter into a development contract for Brenden Pond 3rd Addition with
the city and provide the necessary financial security to guarantee the installation of the
public improvements in compliance with the conditions of approval.
6. Lots 1 and 2, Block 2 shall be designated custom-graded lots. Individual grading,
drainage, tree removal and erosion control plans shall be submitted to the city for review
and approval prior to issuance of a building permit on Lots I and 2, Block 2. The first
floor elevation of the homes may be up to one foot below the curb height on Lake Lucy
Road.
7. On-street parking shall be prohibited along both sides of Lake Lucy Road.
8. All areas disturbed during site grading shall be immediately restored with seed and disc-
mulched or wood fiber blanket within two weeks of completing site grading unless the
city's (BMPH) planting dates dictate otherwise. All areas disturbed with slopes of 3: 1 or
greater shall be restored with sod or seed and wood fiber blanket.
Brenden Pond Third Addition
November 9,1998
Page 12
9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Watershed District, and comply with their conditions of approval.
10. Access to the individual lots shall be limited to the interior streets and not from Lake Lucy
Road with the exception of Lots 5 and 6, Block I and Lots I and 2, Block 2.
II. The developer shall dedicate on the final plat the necessary drainage and utility easements
to encompass the storm water pond construction by the city on Lot 2, Block 2. The
developer shall be entitled to credits against their SWMP fees in accordance with the city's
SWMP plan for the land dedication.
12. The developer agrees to waive any and all procedural objections to the special assessments
resulting from Project No. 98-1 Lake Lucy Road Improvements including, but not limited
to, hearing requirements and the assessments as outlined in the feasibility report dated
March 1998 prepared by ReM.
13. Tree protection fencing will be required along all wooded areas at the edge of grading
limits.
14. Full park and trail fees shall be collected per city ordinance in lieu ofland acquisition
and/or trail construction.
15. The grading plan shall be revised as follows:
a) The top of block elevation on Lots 5 and 6, Block I shall be raised to 1012.0.
b) The grades along the east property line of Lot 2, Block 2 shall be revised to match
existing grades at the east property line.
c) Tree protection fencing shall be denoted on the grading plan along the tree
preservation easement on Lots 2, 5 and 6, Block I and along all wooded areas at the
edge of grading limits.
16. A tree preservation easement shall be dedicated over the easterly 25 feet of Lot 2, Block 1
and the northerly 25 feet of Lots 5 and 6, Block 1.
17. Erosion control blanket shall be used on all side slopes in excess of 3: 1 within five days after
site grading is completed.
Brenden Pond Third Addition
November 9, 1998
Page 13
ATTACHMENTS
1. Final plat dated November 2, 1998.
2. Grading and landscape plans dated October 30, 1998 prepared by Engelhardt and Associates.
g:lplan Isa Ibrenden3 .cc.doc
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT IIBII
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be
platted, the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this agreement
has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the
Ci ty , 3) the plat has been recorded wi th the County Recorder I s
Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have
been satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi-
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent
phases may not proceed until Development Contracts for such phases
are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City 's
Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or
affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may
require compliance with any amendments to the City's Comprehensive
Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
4. Improvements. The improvements specified in the Special
provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications which have
been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer.
The Developer shall obtain all necessary permits from 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
GC-1
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
,
which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
Dated this
day of
, 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-9
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subject
property owned by them.
Dated this
day of
, 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-8
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Lot 2, Block 2, and Outlot B, Brenden Pond; and Outlot A, Brenden
Pond 2nd Addition, Carver County Minnesota.
SP-7
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
GESTACH AND PAULSON
BY:
David G. Gestach
BY:
Leland E.paulson
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ___
day of , 19 , by Nancy K. Mancino, Mayor, and by
Don Ashworth, 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 , 19 , by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-6
o. The grading plan shall be revised as follows:
a) The top of block elevation on Lots 5 and 6,
Block 1 shall be raised to 1012.0.
b) The grades along the east property line of Lot
2, Block 2 shall be revised to match existing grades at the east
property line.
c) Tree protection fencing shall be denoted on
the grading plan along the tree preservation easement on Lots 2, 5
and 6, Block 1 and along all wooded areas at the edge of grading
limits.
P. A tree preservation easement shall be dedicated
over the easterly 25 feet of Lot 2, Block 1 and the northerly 25
feet of Lots 5 and 6, Block 1.
Q. Erosion control blanket shall be used on all side
slopes in excess of 3:1 within five days after site grading is
completed.
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-5
the public improvements ln compliance with the conditions of
approval.
F. Lots 1 and 2, Block 2 shall be designated custom-
graded lots. Individual grading, drainage, tree removal and
erosion control plans shall be submitted to the city for review
and approval prior to issuance of a building permit on Lots 1 and
2, Block 2. The first floor elevation of the homes may be up to
one foot below the curb height on Lake Lucy Road.
G. On-street parking shall be prohibited along both
sides of Lake Lucy Road.
H. All areas disturbed during site grading shall be
immediately restored with seed and disc-mulched or wood fiber
blanket within two weeks of completing site grading unless the
city's (BMPH) planting dates dictate otherwise. All areas
dist~rbed with slopes of 3:1 or greater shall be restored with
sod or seed and wood fiber blanket.
I. The applicant shall apply for and obtain permits
from the appropriate regulatory agencies, i.e. Watershed
District, and comply with their conditions of approval.
J. Access to the individual lots shall be limited to
the interior streets and not from Lake Lucy Road with the
exception of Lots 5 and 6, Block 1 and Lots 1 and 2, Block 2.
K. The developer shall dedicate on the final plat the
necessary drainage and utility easements to encompass the storm
water pond construction by the city on Lot 2, Block 2. The
developer shall be entitled to credits against their SWMP fees ln
accordance with the city's SWMP plan for the land dedication.
L. The developer agrees to waive any and all
procedural objections to the special assessments resulting from
Project No. 98-1 Lake Lucy Road Improvements including, but not
limited to, hearing requirements and the assessments as outlined
in the feasibility report dated March 1998 prepared by ReM.
M. Tree protection fencing will be required along all
wooded areas at the edge of grading limits.
N. Full park and trail fees shall be collected per
city ordinance in lieu of land acquisition and/or trail
construction.
SP-4
reduced from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 10% of
the original amount until all improvements are complete and
accepted by the City.
7. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
Messrs. David Gestach & Leland Paulson
Gestach and Paulson Construction
200 North Chestnut Street
Chaska, MN 55318
(612) 448-3332
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 City Center Drive, P.O. Box 147,
Chanhassen, Minnesota 55317, Telephone (612) 937-1900.
8. Other Special Conditions.
A. The proposed development will be responsible for a
water quantity connection fee of $8,553 and a water quality fee of
$3,456 assuming 4.32 acres of developable land. The applicant will
receive credit for dedicating a 2,700 sq. ft. drainage easement or
$1,115 dollars. The total SWMP fee would then be $10,894. This
fee is due payable to the city prior to the city filing the final
plat.
B. The natural wetland buffer area shall be surveyed
and staked in accordance with the city's wetland ordinance. The
developer will install wetland buffer edge signs under the
supervision of city staff before construction begins and pay the
city $20 per wetland sign.
C. The lowest floor elevation of all buildings
adjacent to wetlands and storm ponds shall be a minimum of 2 feet
above the 100-year water level.
D. The developer shall report to the City Engineer
the location of all drain tiles found during construction. Drain
tile should be relocated or abandoned as directed by the City
Engineer.
E. The developer shall enter into a development
contract for Brenden Pond 3rd Addition with the city and provide
the necessary financial security to guarantee the installation of
SP-3
4. Improvements.
the following:
The Developer shall install and pay for
A. Storm Water Drainage System
B. Site Grading/Restoration
C. Underground Utilities (e.g. gas, electric, telephone,
CATV)
D. Setting of Lot and Block Monuments
E. Surveying and Staking
F. Landscaping
G. Erosion Control
H. Wetland Monumentation
5. Time of Performance. The Developer shall install all
required improvements by November 15, 1999. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of
this Contract, paYffient of special assessments, paYffient of the costs
of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ("security"o) for
$25,168.00. The amount of the security was calculated as 110% of
the following:
Site Grading/Restoration. ..... ....... ........ ....
$ 10,000.00
$ 2,400.00
$ 2,500.00
$ 2,500.00
$ 5,480.00
$ 22,880.00
Storm Sewer, Drainage System,
including cleaning and maintenance... ....... .....
Erosion control..................................
Engineering, surveying, and inspection. .... ......
Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOTAL COST OF PUBLIC IMPROVEMENTS................
This breakdown is for historical reference; it is not a restriction
on the use of the security. The security shall be subject to the
approval of the City. The security shall be for a term ending
December 31, 1999. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
used to cure the default. With City approval, the security may be
SP-2
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SPECIAL PROVISIONS
AGREEMENT dated November 9, 1998, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City"), and,
DAVID G. GESTACH, GENERAL PARTNER & LELAND E. PAULSON, GENERAL
PARTNER OF GESTACH & PAULSON, a Minnesota general partnership on
behalf of the partnership(the "Developer").
1. Request for Plat APproval. The Developer has asked the
City to approve a plat for Brenden Pond 3N Addition(referred to in
this Contract as the "plat"). The land is legally described on the
attached Exhibi t " 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 1n
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, subj ect to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A:
Final plat approved November 9, 1998, prepared by
Demars-Gabriel Land Surveyors, Inc.
Plan B:
Grading, Drainage and Erosion Control Plan dated October
30, 1998, prepared by William R. Engelhardt &
Associates, Inc.
Plan C:
Landscape Plan dated October 3, 1998, prepared by Gene
Ernst with Ernst Associates.
Revised 2/23/98
SP-1
K. Assignability..................................... GC-9
L. Construction Hours .... ..... ........ ......... ...... GC-9
M. Noise Amplification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-9
N. Access............................................ GC-9
O. Street Maintenance ............. .......... ... ...... GC-9
P. Storm Sewer Maintenance.......................... GC-IO
Q. Soil Treatment Systems .......... ....... ...... .... GC-IO
R. variances........................................ GC-IO
S. Compliance with Laws, Ordinances, and Regulations GC-IO
T. Proof of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-IO
U. Soil Conditions.................................. GC-IO
v. Soil Correction.................................. GC-IO
W. Haul Routes........................................ GC-ll
X. Development Signs.................................. GC-ll
Y. Construction Plans. .......... ...... ... ..... ..... ... GC-ll
II
TABLE OF CONTENTS
PAGE
SPECIAL PROVISIONS
1. REQUEST FOR PLAT APPROVAL.. ..... ..... ....... ........... SP-1
2. CONDITIONS OF PLAT APPROVAL. ..... ....... ............... SP-1
3. DEVELOPMENT PLANS...................................... SP-1
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-5
GENERAL CONDITIONS
1. RIGHT TO PROCEED .......................................GC-1
2. PHASE DEVELOPMENT...................................... GC-1
3. EFFECT OF SUBDIVISION APPROVAL......................... GC-1
4 . IMPROVEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-1
5. IRON MONUMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-2
6. LICENSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-2
7. SITE EROSION CONTROL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-2
7A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-3
8. CLEAN UP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-3
9. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS............... GC-3
10. CLAIMS................................................. GC-3
11. PARK AND TRAIL DEDICATION.............................. GC-4
12. LANDSCAPING............................................ GC-4
13 . WARRANTy............................................... GC - 5
14. LOT PLANS......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-5
15. EXISTING ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-5
16. STREET LIGHTING................................. . . . . . . . GC-5
17. SIGNAGE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-5
18. HOUSE PADS............................................. GC-5
19. RESPONSIBILITY FOR COSTS............................... GC-5
20 . DEVELOPER I S DEFAULT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-7
21. MISCELLANEOUS
A. Construction Trailers ................. ..... ....... GC-7
B. Postal Service.................................... GC-7
C. Third Parties ................................... . . GC-7
D. Breach of Contract................................ GC-7
E. Severability...................................... GC-8
F. Building Permits.................................. GC-8
G. Waivers/Amendments................................ GC-8
H. Release........................................... GC-8
I. Insurance......................................... GC-8
J. Remedies.......................................... GC-9
1