D-5. West Park: Approve Final Plat, Development Contract, and Construction Plans and Specifications CITY OF CHANHA33EN
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Sharmeen Al-Jaff, Senior Planner
DATE: July 24, 2017 1�w
SUBJ: Approval of Final Plat, Development Contract and construction plans -Planning Case 2017-
12—West Park Association—Pulte Homes
PROPOSED MOTIONS
"The Chanhassen City Council grants approval of the final plat for West Park Addition as shown in plans
dated received June 30, 2017 subject to the conditions of approval in the staff report; and
The Chanhassen City Council grants approval of the development contract for West Park; and
The Chanhassen City Council grants approval of the construction plans for West Park."
Approval requires a simple majority vote of City Council present.
PROPOSAL SUMMARY '
Final Plat approval to replat 9.8 Acres into 64 lots and 7 outlots, _
located southeast of Waters Edge Drive,west of Great Plains
Boulevard,north of Highway 212 and bisected by Lake Susan • "
Drive. The site is zoned Planned Unit Development-Mixed Use
and Single Family Residential. Sewer and water are available to
the site. Access to the site will be gained off of Lake Susan Drive.
PH 952.227.1100• www.cl.chanhassen.mn.us• FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Todd Gerhardt, City Manager
West Park-Final Plat - Pulte Homes
July 24, 2017
Page 2 of 16
BACKGROUND
On July 10,2017,the Chanhassen City Council adopted the following motion:
City Council approves rezoning the property located at the Southeast of Waters Edge Drive, west of
Great Plains Boulevard,north of Highway 212 and bisected by Lake Susan Drive with an approximate
area of 9.8 acres from Residential Single Family and Planned Unit Development to Planned Unit
Development-Residential incorporating the design standards.
The City Council approves Site Plan with a variance for the construction of 82 Townhouses as shown in
plans dated received June 30,2017—Planning Case 17-12 - subject to conditions.
The City Council approve variance request#17-12 to allow a 25-foot setback from exterior streets,as shown
in plans dated received June 30,2017 with conditions.
The City Council adopts a resolution approving the vacation of all the public drainage and utility
easements on Lot 1, Block 1 of GATEWAY NORTH as dedicated on the recorded plat thereof as described
in Exhibit A."
The City Council adopts a resolution approving the vacation of all the public drainage and utility
easements on and Lot 2, Block 2 and Outlot A of GATEWAY NORTH as dedicated on the recorded plat
thereof together with Document No. 206358 as described in Exhibit A."
SUBDIVISION
"The City Council approves Preliminary Plat for West Park Addition, as shown in plans dated received
June 30, 2017—Planning Case 17-12 - subject to the following conditions:
Engineering
1. The existing topographic survey shall include the existing first floor elevations of nearby structures
such as 8751 Waters Edge Drive and 721 Lake Susan Drive.
Finding: This condition has been met.
2. Spot elevations shall be shown at the center of proposed driveways at the curb line so the driveway
grade can be verified.
Finding: This condition has been met.
3. The applicant shall work with Carver County to see if the FES from their pond outlet can be
combined with the county's culvert to eliminate the low spot adjacent to this site.
Finding: This condition still applies
4. The plan shall show EOF locations and elevation for all basins on site.
Finding: This condition still applies
5. Top and bottom wall elevations shall be shown on the grading plan.
Todd Gerhardt, City Manager
West Park-Final Plat- Pulte Homes
July 24, 2017
Page 3 of 16
Finding: This condition has been met.
6. All retaining walls shall be owned and maintained by a Homeowners Association (HOA).
Finding: This condition still applies
7. The development plans shall call out the material of the retaining wall. The following materials are
prohibited for retaining wall construction: smooth face,poured in place concrete (stamped or
patterned is acceptable),masonry, railroad ties and timber.
Finding: This condition still applies
8. As existing public utilities are located within the vacation area, the applicant shall grant a drainage
and utility easement to the City concurrent to recording the vacation.
Finding: This condition still applies
9. The applicant shall have their survey confirm location of all easements with a recent title
commitment prior to final plat.
Finding: This condition still applies
10. The retaining wall and entry monuments are proposed within drainage and utility easements. These
elements require an encroachment agreement prior to their construction.
Finding: This condition still applies
11. The private sidewalks constructed within city right-of-way require an encroachment agreement.
Finding: This condition still applies
12. All private streets will be owned and maintained by a Homeowners Association.
Finding: This condition still applies
13. Street lights shall be installed at the intersections with public streets. This light shall be owned by the
city and maintained by MVEC (Minnesota Valley Electric Company). A $300 fee shall be collected
with the development contract for electricity costs for the first year of operation.
Finding: This condition still applies
14. The net SWMP Fee due at the time of final plat of the northern parcel is $53,237.19.
Finding: This condition still applies
15. For 64 units on the northern parcel, the sanitary partial fee is $44,224.00 and the water partial fee is
$137,408.00.
Todd Gerhardt, City Manager
West Park-Final Plat - Pulte Homes
July 24, 2017
Page 4 of 16
Finding: This condition still applies.
16. The remaining hook-up fees will be due with the building permit at the rate in effect at that time.
Finding: This condition still applies
17. TheveAieal ew-,es shallbe fevised to meet the City Code standard to have the &uiwe jeng4h be
gf ea4er-than the differ-enee of the gfades multiplied by 20.
Finding: This condition no longer applies
submit deetffnentation fef the desigfl speed used for-these reads and the afifieipated signed speed.
Speed signage shall be r-equifed.
Finding: This condition no longer applies
PARK AND TRAIL CONDITIONS OF APPROVAL
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a
condition of approval for the West Park Residential Subdivision. The park fees will be collected in full
at the rate in force upon final plat submission and approval. Based upon the current residential park fee
rates of$3,800 per multi-family/apartment dwelling, the total park fees will be$311,600
Finding: This condition still applies
2. (82 units x $3,800 each).
Finding: This condition still applies
FINAL PLAT
The applicant is requesting final plat approval to replat 9.8 Acres into 64 lots and 7 outlots. The 64
lots will house townhouses. Outlots A and D contain Private Streets and visitor parking. Outlots B,C,E,and
F contain open space,common areas and storm ponds. Outlot G is phase H of this development and will house
18 townhouses. The site is zoned Planned Unit Development-Residential District and is located is
located southeast of Waters Edge Drive,west of Great Plains Boulevard,north of Highway 212 and bisected
Todd Gerhardt, City Manager
West Park-Final Plat- Pulte Homes
July 24, 2017
Page 5of16
by Lake Susan Drive. Sewer and water are available to the site. Access to the site will be gained off of
Lake Susan Drive and Waters Edge Drive.
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The ordinance states, "All lots shall abut for their full required minimum frontage on a public street
as required by the zoning ordinance; or be accessed by a private street; or a flag lot which shall have
a minimum of thirty feet of frontage on a public street."
The lot has street frontage. Access to the lot is gained from private streets.
The subdivision request is a relatively straightforward action and staff is recommending approval
with conditions.
Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with
the Zoning Ordinance.
Todd Gerhardt, City Manager
West Park-Final Plat - Pulte Homes
July 24, 2017
Page 6 of 16
Lot Tabulation
There are no minimum lot areas within a PUD. The following are the lot tabulations for the project:
North of Lake Susan Drive
BLOCK 1: BLOCK 6: BLOCK 11:
Lot 1 = 1,885 square feet Lot 1 = 1,833 square feet Lot 1 = 1,833 square feet
Lot 2= 1,740 square feet Lot 2= 1,692 square feet Lot 2= 1,692 square feet
Lot 3 = 1,740 square feet Lot 3 = 1,692 square feet Lot 3 = 1,692 square feet
Lot 4= 1,740 square feet Lot 4= 1,833 square feet Lot 4= 1,833 square feet i
Lot 5 = 1,740 square feet
Lot 6= 1,885 square feet
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BLOCK 2: BLOCK 7: BLOCK 12: i
Lot 1 = 1,885 square feet Lot 1 = 1,885 square feet Lot 1 = 1,833 square feet
Lot 2= 1,740 square feet Lot 2= 1,740 square feet Lot 2= 1,692 square feet
Lot 3 = 1,740 square feet Lot 3 = 1,740 square feet Lot 3 = 1,692 square feet
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Lot 4= 1,740 square feet Lot 4= 1,740 square feet Lot 4= 1,833 square feet
Lot 5 = 1,740 square feet Lot 5 = 1,740 square feet
Lot 6= 1,885 square feet Lot 6= 1,885 square feet
BLOCK 3: BLOCK 8: BLOCK 13:
Lot 1 = 1,885 square feet Lot 1 = 1,885 square feet Lot 1 = 1,885 square feet
Lot 2= 1,740 square feet Lot 2= 1,740 square feet Lot 2= 1,740 square feet
Lot 3 = 1,740 square feet Lot 3 = 1,740 square feet Lot 3 = 1,740 square feet
Lot 4= 1,740 square feet Lot 4= 1,740 square feet Lot 4= 1,740 square feet
Lot 5 = 1,885 square feet Lot 5 = 1,740 square feet
Lot 6= 1,885 square feet *
BLOCK 4: BLOCK 9: OUTLOT A=25,197
Lot 1 = 1,833 square feet Lot 1 = 1,885 square feet* OUTLOT B= 16,043
Lot 2= 1,692 square feet Lot 2= 1,740 square feet* OUTLOT C=64,245
Lot 3 = 1,692 square feet Lot 3 = 1,740 square feet OUTLOT D=21,359
Lot 4= 1,833 square feet Lot 4= 1,740 square feet* OUTLOT E=32,477
Lot 5 = 1,885 square feet OUTLOT F=46,203
ROW=34,611
BLOCK 5: BLOCK 10: TOTAL=354,265
Lot 1 = 1,885 square feet Lot 1 = 1,885 square feet * 8.13
Lot 2= 1,740 square feet Lot 2= 1,740 square feet * OUTLOT A(parking areas and
Lot 3 = 1,740 square feet Lot 3 = 1,740 square feet* drive aisles)=62,639 square feet
Lot 4= 1,740 square feet Lot 4= 1,740 square feet* or 1.438 acres
Lot 5 = 1,885 square feet Lot 5 = 1,885 square feet *
*unit will not have a sunroom
Todd Gerhardt, City Manager
West Park-Final Plat- Pulte Homes
July 24, 2017
Page 7of16
South of Lake Susan Drive
Outlot G=2.42 Acres
VACATION, RIGHT-OF-WAY AND EASEMENTS
The applicant has requested vacation of a portion of right-of-way that was originally dedicated for
Old Highway 101. Staff has confirmed that MnDOT turned-back the right-of-way to the City on
October 1, 2009. A public hearing on the vacation will be held at the August 14, 2017 City Council
meeting.
At the July 10, 2017 City Council meeting, a vacation of existing drainage and utilities was granted.
The applicant shall grant new drainage and utility easement to the City with the plat documents per
City Code concurrent with recording the vacation.
The survey included all easements and right of way shown on the title search of the property dated
November 30, 2016 from Stewart Title Guarantee Company. The applicant shall have their survey
confirm this with a recent title commitment prior to final plat.
The retaining wall and entry monuments are proposed within drainage and utility easements. These
elements require an encroachment agreement prior to their construction.
The private sidewalks constructed within City right-of-way require an encroachment agreement.
Stormwater pipe that drains runoff from the adjacent parcel, GATEWAY NORTH Lot 1, Block 2,
shall require a private easement with the owner of that property.
GRADING& DRAINAGE
The existing drainage pattern for the southern parcel drains to an existing pond on the south of the
parcel, which overflows to a MnDOT culvert. The proposed grading for the southern parcel will
direct the stormwater to the existing pond, which is proposed to be converted to an infiltration
basin, and will still overflow to the MnDOT culvert.
Todd Gerhardt, City Manager
West Park-Final Plat- Pulte Homes
July 24, 2017
Page 8of16
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EXISTING—SOUTH PARCEL PR OPOSED—SO UTH PARCEL
(report continued on next page)
Todd Gerhardt, City Manager
West Park-Final Plat-Pulte Homes
July 24, 2017
Page 9of16
The existing drainage pattern for the northern parcel drains to two points. A smaller, northern part of the
site drains to Waters Edge Drive and enters the City's stormwater system via catchbasins on the curb
line. The majority of the northern parcel drains to a low point on the southeastern edge of the property
where it may enter a culvert that carries the water under TH 101. The proposed grading for the northern
parcel will direct the majority of the parcel to the proposed stormwater pond where some of the water
will be reused for irrigation. A reduced size area will still drain north to Waters Edge Drive and a further
reduced area will still drain east to the TH 101 culvert.
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EXISTING—NORTH PARCEL PROPOSED—NORTH PARCEL
The applicant shall work with Carver County to see if the FES from their pond outlet can be combined
with the county's culvert to eliminate the low spot adjacent to this site.
The plan shall show EOF locations and elevation for all basins on site.
Erosion Prevention and Sediment Control
The proposed development will exceed one(1) acre of disturbance and will, therefore,be subject to the
General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the
National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit).
The applicant shall submit the full SWPPP document to the City for review prior to grading on site. No
earth disturbing activities may occur until the SWPPP is updated with all required information. This
SWPPP shall be a standalone document consistent with the NPDES Construction Permit and shall
contain all required elements as listed in Parts III and IV of the permit.
Todd Gerhardt, City Manager
West Park-Final Plat- Pulte Homes
July 24, 2017
Page 10 of 16
RETAINING WALLS
The applicant has proposed four retaining walls on the northern parcel of this subdivision. The retaining
wall located behind Block 4 is approximately 65 feet long and 3.5 feet tall. The retaining wall located
behind Block 5 is approximately 120 feet long and 2 feet tall. Two walls are proposed at either side of
the entrance to the fire pit, each is approximately 2 feet tall and 28 feet long.
One retaining wall is proposed on the southern parcel. It is located between Block 2 and the infiltration
basin. It is approximately 180 feet long and 3 feet tall.
All retaining walls shall be owned and maintained by a Homeowners Association(HOA).
The development plans shall call out the material of the retaining wall. The following materials are
prohibited for retaining wall construction: smooth face,poured in place concrete (stamped or patterned
is acceptable),masonry, railroad ties and timber.
STREETS
The applicant proposes construction of private streets to serve the subdivison. All private streets will be
owned and maintained by a Homeowners Association.
West Park Drive will service Blocks 1, 2, 12 and 13 on the northern parcel. It is 20 feet wide,
approximately 500 feet long and terminates in a dead end that has been approved by the fire department
for proximity to a street intersection for a turnaround. West Park Drive will utilize an existing curb cut
off Lake Susan Drive for access.
Blue Heron Drive will service Blocks 3 and 11 on the northern parcel. It is 20 feet wide, approximately
360 feet long and connects West Park Drive to Waters Edge Drive. Blue Heron Drive connects to
Waters Edge Drive south of the existing curb cut. The applicant proposes to remove the existing curb cut
and adjust the City stormwater catch basins on Waters Edge Drive to accommodate the new access
location. The intersection sight distance requirements for a 30mph roadway are met by this intersection
location per the June 2000 MnDOT Roadway Design Manual.
Eagle View Road will service Blocks 4-10 on the northern parcel. It is 20 feet wide, approximately 600
feet long and terminates a 70-foot modified hammerhead turnaround.
No parking signage shall be installed at all turnarounds to keep them open for public safety access. All
private street signage shall comply with the MN Manual on Uniform Traffic Control Devices.
Street lights shall be installed at the intersections with public streets. This light shall be owned by the
City and maintained by MVEC (Minnesota Valley Electric Company). A $300 fee shall be collected
with the development contract for electricity costs for the first year of operation.
DRIVEWAYS & PARKING
Five parking lots of varying size (2-6 spaces) are provided on the north parcel.
Todd Gerhardt, City Manager
West Park-Final Plat -Pulte Homes
July 24, 2017
Page 11 of 16
TRAILS & SIDEWALK
All sidewalks internal to the site shall be owned and maintained by the HOA. The sidewalk connection
parallel to Lake Susan Drive shall be owned and maintained by the City.
Sidewalk constructed within MnDOT right-of-way may require an Limited Use Permit (LUP).
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UTILITIES
Sanitary Sewer
Sanitary sewer service for the subdivision will be provided by connecting to the existing 21"RCP
sanitary main line on the west side of the southern parcel and the 8" existing stub on the northern parcel.
The applicant proposes 8"PVC sanitary sewer main to be owned and maintained by the City.
Water Main
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Water service for the subdivision will be provided by connecting to the existing 16"DIP water main line
on the west side of the southern parcel and the existing stub on the northern parcel. The applicant shall
revise plans to call out the size of proposed water main.
STORM WATER MANAGEMENT
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Article VII, Chapter 19 of City Code describes the required storm water management development
standards. Section 19-141 states that"these development standards shall be reflected in plans prepared
by developers and/or project proposers in the design and layout of site plans, subdivisions and water
management features."The applicant shall meet the minimum requirements for stormwater set forth in
City Code §9-VII and requirements of the Riley-Purgatory-Bluff Creek Watershed District.
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The site is within the Riley Purgatory Bluff Creek Watershed District(RPBCWD)therefore comments
regarding the proposed surface water management are deferred to RPBCWD. The staff report from the
July 12, 2017 RPBCWD Board of Managers meeting is included with the staff report. The Board has
conditionally approved West Park's permit. The applicant must obtain a permit from RPBCWD prior to
grading the site.
The applicant's engineer shall add a column to the stormwater pipe/structure table to list the velocities of
the pipes.
The plan for flared stormwater pipes that discharge into the pond, infiltration basin and right-of-way
shall be modified to have non-erosive velocities (3.5-5.0 feet per second).
Stormwater pipe within the development shall be privately owned and maintained by an HOA.
Storm Water Utility Connection Charges
Todd Gerhardt, City Manager
West Park-Final Plat- Pulte Homes
July 24, 2017
Page 12 of 16
These fees show a credit of 50% as the design is proposed to achieve abstraction of the first 1.1 inches
of runoff from all proposed hardcover on the site.
The fee and credits for the northern parcel are calculated as shown in the table below.
SURFACE
AREA PER FEE ACRE ACRES FEE
WATER NORTH PARCEL $14,510 8.132 $ 117,995.32
DEVELOPMENT ROW Dedication 414,510 0.795 $ (11,535.45)
FEE
8.132 $ 106,474.38
SURFACE VOLUME VOLUME %of 1.1"
WATER for 1.1" REMOVAL VOLUME
CREDIT ITEM ABSTRACTION PROVIDED REMOVED CREDIT
Reuse 14,677 16,496 112% $ 52,237.19
For the northern parcel, the SWMP Fee is $106,474.38. The SWMP Credit given for meeting the 1.1"
volume abstraction is $52,237.19. The applicant must still verify that the 1.1" abstraction is met for the
site. The net SWMP Fee due at the time of final plat of the northern parcel is $53,237.19.
ASSESSMENTS
Water and sewer partial hook-ups are due at the time of final plat. For 64 units on the northern parcel,
the sanitary partial fee is $44,224.00 and the water partial fee is $137,408.00. The remaining hook-up
fees will be due with the building permit at the rate in effect at that time.
LANDSCAPING TREE PRESERVATION
The applicant for the West Park property development has submitted tree canopy coverage and
preservation calculations. They are as follows:
Total upland area (excluding wetlands) 10.56 ac. or 460,229 SF
Baseline canopy coverage 6% or 27,988 SF
Minimum canopy coverage required 20% or 91,924 SF
Proposed tree preservation 1% or 3,932 SF.
The developer does not meet minimum canopy coverage for the site; therefore the applicant must bring
the canopy coverage on site up to the 20%minimum. The difference between the required coverage and
the remaining coverage is multiplied by 1.2 for total area to be replaced. One tree is valued at 1,089 SF.
Minimum required 91,924
Less canopy preserved 3,932
Minimum canopy coverage to be replaced 87,992 SF
Multiplied by 1.2 105,590
Divided by 1089 =Total number of trees to be planted 97 trees
The applicant has proposed a total of 97 overstory trees.
The development has buffer yards required along Great Plains Blvd, Lake Susan Drive and abutting the
Gateway development. The applicant has provided landscaping along Waters Edge Drive as well.
Todd Gerhardt, City Manager
West Park-Final Plat - Pulte Homes
July 24, 2017
Page 13 of 16
Landscaping Item Required Proposed
Bufferyard B—Great Plains 13 Overstory trees 14 Overstory trees
Blvd., 661' 19 Understory trees 26 Understory trees
33 Shrubs 42 Shrubs
Bufferyard B—Lake Susan 6 overstory trees 3 Overstory trees
Drive,North side, 320' 9 understory trees 12 Understory trees
16 shrubs 0 Shrubs
Bufferyard B—Lake Susan 3 Overstory trees 5 Overstory trees
Drive, South side, 180' 5 Understory trees 4 Understory trees
9 Shrubs 0 Shrubs
Bufferyard C—West Park 8 Overstory trees 9 Overstory trees
south development,299' 17 Understory trees 18 Understory trees
26 Shrubs 19 Shrubs
Bufferyard B—West Park 2 Overstory trees 1 Overstory trees
south development West Side, 4 Understory trees 3 Understory trees
260' 4 Shrubs 0 Shrubs
70' distance from development
homes to ROW outlot, 66'
across ROW outlot
The applicant has proposed one tree to be planted in each front yard in accordance with city code. In
various locations,this planting space is less than 10 feet in width between driveways. In these sites, it is
recommended that ornamental trees be used.
PARKS
This property is conveniently located within the %2-mile neighborhood park service area for Chanhassen
Hills Park. Residents of the West Park community will have convenient access to this publicly-maintained
recreation facility. Chanhassen Hills Park is 8-acres in size and features a playground,basketball court,
picnic shelter,ballfield,benches,and walking trails. Off-street parking is also available on Chanhassen Hills
Drive South. Bandimere Community Park and Lake Susan Community Park are both located within the 1-
mile community park service of the new West Park residential subdivision.These two parks are more
robust in their recreation facility offerings,including features such as diamond ballfields, a fishing pier,boat
landing,tennis courts,hockey rink, soccer/lacrosse fields,disc golf course, and extensive walking trails.
No additional parkland acquisition is being recommended as a condition of this subdivision.
TRAILS
The subject site has direct access to public trails located adjacent to Waters Edge Drive and Lake Susan
Drive and convenient access to trails along Great Plains Boulevard. Sidewalks and trails connecting the
interior spaces and all residential units to the adjacent public trail system should be planned for with the
development.
No additional trail construction is being recommended as a condition of this subdivision.
Todd Gerhardt, City Manager
West Park-Final Plat- Pulte Homes
July 24, 2017
Page 14 of 16
DEVELOPMENT CONTRACT
The attached development contract incorporates the conditions of approval for the final plat and
construction plans and specifications. A$886,313.49 financial security is required to guarantee
compliance with the terms of the development contract relating to site grading,the installation of
utilities, engineering, surveying, inspection, landscaping and topsoil.
The cash fees for this project total $498,709.46. City funds are not needed as part of this private
development project.
RECOMMENDATION
Staff recommends that the City Council adopt the following motions:
Subdivision
"The City Council approves the final plat to replat Outlot E, Mission Hills into Lot 1, Block 1, Mission
Hills Yd Addition,replatting 8.64 Acres into one lot as shown in plans dated received January 22,2016,
subject to the following conditions:
Park and Trail Conditions
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a
condition of approval for the West Park Residential Subdivision. The park fees will be collected in full
at the rate in force upon final plat submission and approval. Based upon the current residential park fee
rates of$3,800 per multi-family/apartment dwelling,the total park fees will be$243,200
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2. (64 units x $3,800 each).
Engineering Conditions:
1. The applicant shall work with Carver County to see if the FES from their pond outlet can be
combined with the county's culvert to eliminate the low spot adjacent to this site.
2. The plan shall show EOF locations and elevation for all basins on site.
3. All retaining walls shall be owned and maintained by a Homeowners Association (HOA).
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Todd Gerhardt, City Manager
West Park-Final Plat- Pulte Homes
July 24,2017
Page 15 of 16
4. The development plans shall call out the material of the retaining wall. The following materials are
prohibited for retaining wall construction: smooth face,poured in place concrete (stamped or
patterned is acceptable), masonry, railroad ties and timber.
5. As existing public utilities are located within the vacation area, the applicant shall grant a drainage
and utility easement to the City concurrent to recording the vacation.
6. The applicant shall have their survey confirm location of all easements with a recent title
commitment prior to final plat.
7. The retaining wall and entry monuments are proposed within drainage and utility easements. These
elements require an encroachment agreement prior to their construction.
8. The private sidewalks constructed within city right-of-way require an encroachment agreement.
9. All private streets will be owned and maintained by a Homeowners Association.
10. Street lights shall be installed at the intersections with public streets. This light shall be owned by the
city and maintained by MVEC (Minnesota Valley Electric Company). A $300 fee shall be collected
with the development contract for electricity costs for the first year of operation.
11. The net SWMP Fee due at the time of final plat of the northern parcel is $53,237.19.
12. For 64 units on the northern parcel, the sanitary partial fee is $44,224.00 and the water partial fee is
$137,408.00.
13. The remaining hook-up fees will be due with the building permit at the rate in effect at that time.
Building Official Conditions:
1. Each lot must be provided with separate sewer and water services.
Fire Marshall Condition:
2. In order to avoid duplicating street names, submit new proposed street names to Fire Chief and
Building Official for review and approval.
DEVELOPMENT CONTRACT
"The City Council approves the development contract for West Park."
Todd Gerhardt, City Manager
West Park-Final Plat- Pulte Homes
July 24, 2017
Page 16 of 16
CONSTRUCTION PLANS
"The City Council approves the plans and specifications dated received July 14, 2017 for West Park
subject to the conditions of subdivision and site plan."
ATTACHMENTS
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1. Final Plat.
2. Development Contract and Construction Plans.
3. Riley Purgatory Bluff Creek Watershed District 2017-038 Staff Report
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g:\plan\2017 planning cases\17-12 west park-pulte(klingelhutz)\final plat- dc- construction plans.docx
WEST PARK C.R. DOC. NO.
KNOW ALL PERSONS BY THESE PRESENTS:That Pune Homes of Minnesota LLC,a Minnesota hind liability canpany,owner of the following described property. CHANHASSEN,MINNESOTA
Part of the North veal Quarter of the Northwest Quarter of Section 24,Township 116,Range 23,Carver County Mlnrresota,described as flows:
This plat of WEST PARK was approved and aoceplstl by the qty Cound at the Cly of Chanhassen,Minnesota at a regular meeting thereof held Ws day of.20.and said plat Is In
Commending at the northwest caner of the Northwest Quarter of said Section 24;thence on an assumed bearing of South 89 degrees 19 minutes 43 seconds East along the North Iine of said Nortavest Ouster compliance YIN the provisions of Minnesota Statures,Section 505.03,Skbd.2.
338.00 fast,thence South 25 degrees 26 minutes 43 seconds East 128.38 feet to a point on Bre centerline of State Highway Number 101 add point being the point of beginning of the trap to be tla Bed;thence
westeriy along sold eanlerllne slag a ran tangential verve that Is concave o the north,sold verve having a central angle of 09 degrees 11 minutes 57 seconds,a radius length of 621.15 feel,an am length of City CoundMi
,City of Gbonf aesen, nnesota
99.73 feel.a chord bearing of South 74 degrees 12 minutes 13 seconds West and a chord length of 99.62 reek thence South 79 degrees 38 minutes 53 seconds West along said oanlenhe and tangent to Nat
described curve 163.44 fast;thelong thence southwesterly asaid centerline along a tangential curve that is concave to the southeast,said curve having a central angle of 19 degrees 38 minutes 53 seoords,a radius
length of 231.87 feet.an arc length at 79.38 feet thence continuing southwesterly along said comedies,along a compound curve,that Is concave to the southeast,said curve having a central angle of""dogma
18 minutes 23 senwnds,a radius length of 127.60 feel,an am length of 116.49 feet.a chord bearing of South 33 degrees 34 minutes 37 seconds Weal,a mord length of 11249 feet to the West ins of said By.
Northwest Quarter,thence South 00 degrees 01 minutes 33 seconds East along said centedlne and along the West Ina of said Northwest O carter 362,74 feet to the South fine of the Nath 660.00 fast of the Wen Mayor Clark
of the Northwest Quarter of said Section 24;thence South 89 degrees 19 minutes 43 seconds East along sant South Ina w 430.13 feet to the asteriy,right-of-way fine of Trunk Highway Nurnber 312;thencerartheastedWong ag said westerly rlghtofwvay line along a non tangential curve that Is concave to the southeast,sold curve having a canal angle of 11 degrees 42 minute 56 seconds,a radile450
us ngth 300
fee,an am length of 71.57 feet,a chord bearing of North 64 degrees 07 minutes 43 seconds East.a chord length d TI.44 feet;thence North 16 dogma 17 minutes 03 seconds East Wong said westerly
right-o"ay Ina and not tangent b Ne Ian tlescdbed curve 360.83 reek thence noMerly Wong said westerly dghtroFway Inns along a non tangential curve that Is concave to the can said rive having a osnbal COUNTY SURVEYOR,CARVER COUNTY,MINNESOTA
angle of 17 degrees 30 minutm 47 seconds,a radius length of 981 A8 feet an am length of 300.00 feel,a chord bearing North 20 dagreae 48 minutes 18 seconds East,a duord lengthof 298.83 fen b the Nath
line of sold Northwest Quarter,thence Nath 89 degrees 19 minutes 43 seconds West slag said Nath line and not tangent to last described curve 118.28 feel to the centerline of State HV,-y Number 101;
theoe southwesterly along said oenlenine along a non tangential curve that is concave to the northwest,said cave having a central angle of 20 degrees 33 minutes 03 seconds,a radars length of 621.15 feet,an Pursuant to Chapter 395,Minnesota Laws of 1971,this plat has been approved tis day of 20 .
are=11h 11h of 222.79 feet,a chord beartg of South 59 degrees 19 minutes 43 seconds WssL a chord length of 221.60 feet to the point of heginnag.
AND Man Praske,County Surveyor
Lot 1,Stock 1,GATEWAY NORTH,Carver County,Minnesota. BY
AND
Lot 2,Block 2,GATEWAY NORTH,Carver Corny,MMnesote.
COUNTY AUDRORlTflFASUflER,CARVER COUNIY,MINNESOTA
AND
Outlot A.GATEWAY NORTH,Carver Canty,Mlrulesota. I hereby purify that ta.es payable In and prior years have been paid fa land described on Was plat Dated Nis dayof 20
Has eazised the same to be surveyed and platted as WEST PARK and does hereby dedicate to the public for pudic use the pubic ways and the drainage and uNny,easements w created by thle plat. Laude Davies,County ALator/freasurar
In witness whereof said Pune Hanes of Minnesota LLC,a Minnesota limited Ilablity company,has caused these presents to be signed by In proper arm this day of 20_. By:
Signed:Puha Homes of Minnesota LLC
COUNTY RECORDER,CARVER COUNTY,MINNESOTA
Erb Padget,Vice President I hereby certify that ole plat of WEST PARK was filed this dayof.,20.at_o'dock_.M.as Document Number
STATE OF MINNESOTA
COUNTY OF County Recorder
This instrument was acknowledged before me on by Edo Padget,Vice President of Poise Homes of Mirxewta LLC,a Minnesota Ih*W Wily company. By:
Notary Public, County,Minnesota
My Commission Explfes
SURVEYORS CERTIFICATE
I Dennis B.Olmstead do hereby ceilly that this plat was prepared by me or m under my direct supervision;that I aa duly Uoaneed Land Surveyor In the Sita of Minnesota;that this plat is a correct represernatlon of the
boundary survey;that all mathematical data and labels are comedy designated on this plat that all monuments depicted on this plat have been,or Wil be oarecty set within one year,that all Yater boundaries and at
Inds,as defined B Minnesota Stables,Section 505.01,Spied.3,as of the data of Ws-Mfl ata are shorn and labeled on this plat;and all public ways are shown and labeled on this plat.
Dated tis_tlay of 20
Dennis B.Caressed,licensed Lard Surveyor
Minnesota License Na 18425
STATE OF MINNESOTA
COUNTY OF
This Instrument was acknowledged before me on by Dennis B.ONetsed,a licensed lad Steve".
Notary Public, County,Mlonesde
My Commission Expires
ALLIANT
SHFFT i nF.3 CHFFTS'
WEST PARK C.R. DOC. NO.
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573.37'2�i -----
DRAINAGE
---_
v ORA/OVERALL UTIOFLITY OUTLOTrNENT 7.90 dL\d
a 543'455iaIdtp 89.3" 95 •--NOT TANGENT
VICINITY MAP
?� SECTION 24,T.116,R.23
N84-47Y1d'E2220
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a 1890 m 00 b ^: yJOt ` d Sa�"F 3 C.Brg=NBS49'15w C.Rrg=N4924W'/0 4
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eyl i 1 S63'S3',7W i i I-- r_ I' / T r :N �9u.o \\ NOT TO SCALE
28M %.1 ..�_ �L;r' = 40'
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S tgztro7'E DRAINAGE AND UTILITY fASENENT ,3.e fp I \• \
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3 $ j^ 78.50 ';S 8 ,�.,4a5P '�'� �O > �`1g'P I t 'k.- NORTHWEST QUARTER OF SEC.24,T,11Q R.23,IS ASSUMED TO
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E $ Nj0.2tro7"N ( "e6 1f9. ��' marked as shown
�a` �a JSP�.�a •� � !� •,ti 4^ \1
5 S ` 1`S s+0•zt'o7•E�'S0 (� rry�i8 ` p.17.p0 °`i `Ory Ip3\Ot,�3.o a° 'fA. �'� o Denotes 1/2 inch x 18 inch iron monument set
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2 -30- 74.50 S 'r,� �a �p t $z�$ 'f?$'4 a 4p -• _ �; - [ALL OF THE DRAINAGE AND UTILITY EASEMENTS
(;; '43 $ Ntortro7w 1 g , Ir I�r N41.4145W_� ` ? gat' 13.• 3 �$ e}�,10 L=7.04 ' EMBRACED WITHIN LOT 1, BLOCK 1, GATEWAY
I I I $ >f _ 1258 r ? $� 13.5 ; : 1 '� d'1°as`''o NORTH, AS DEDICATED ON THE RECORDED PLAT
z L J E'i R1 73.50 n g t'01-E 74.60 / �b a, y t `
I I Y3 3.7 > Sto°2 ---_ ! R=5323 { 3.°p 4 � aay •p °ew�w 9 'p THEREOF, DOC. NO. 45/279, CARVER COUNTY,
a No091`3.7'W ;! 'No3 zz'w,E L-43.so , 1 �,''T6j ^ rA' ��•a�3 ```� n \w MINNESOTA, HAVE BEEN VACATED PER DOC. NO.
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NOT TANGENT WATERS EDGE DRIVE --AND CENTERLINE s:N.No. roI ; 33.00 .., ,„ ._.,.,�_ .,, .,._ i, 3300 I
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1 #4/890 I S89033'51"E
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
WEST PARK
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS PAGE
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. NOTICE.........................................................................................................................SP-3
8. OTHER SPECIAL CONDITIONS................................................................................SP-3
9. GENERAL CONDITIONS ...........................................................................................SP-5
GENERAL CONDITIONS
1. RIGHT TO PROCEED.................................................................................................GC-1
2. PHASED DEVELOPMENT ........................................................................................GC-1
3. PRELIMINARY PLAT STATUS................................................................................GC-1
4. CHANGES IN OFFICIAL CONTROLS .....................................................................GC-1
5. IMPROVEMENTS.......................................................................................................GC-1
6. IRON MONUMENTS..................................................................................................GC-2
7. LICENSE......................................................................................................................GC-2
8. SITE EROSION AND SEDIMENT CONTROL.........................................................GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR
OTHERBUILDING.........................................................................................GC-2
9. CLEAN UP...................................................................................................................GC-3
10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3
11. CLAIMS .......................................................................................................................GC-3
12. PARK DEDICATION..................................................................................................GC-3
13. LANDSCAPING ..........................................................................................................GC-3
14. WARRANTY ...............................................................................................................GC-4
15. LOT PLANS.................................................................................................................GC-4
16. EXISTING ASSESSMENTS .......................................................................................GC-4
17. HOOK-UP CHARGES.................................................................................................GC-4
18. PUBLIC STREET LIGHTING.....................................................................................GC-4
19. SIGNAGE.....................................................................................................................GC-5
20. HOUSE PADS..............................................................................................................GC-5
21. RESPONSIBILITY FOR COSTS ................................................................................GC-5
22. DEVELOPER'S DEFAULT.........................................................................................GC-6
22. MISCELLANEOUS
A. Construction Trailers ........................................................................................GC-6
B. Postal Service....................................................................................................GC-7
C. Third Parties......................................................................................................GC-7
D. Breach of Contract............................................................................................GC-7
E. Severability.......................................................................................................GC-7
i
F. Building Permits ...............................................................................................GC-7
G. Waivers/Amendments.......................................................................................GC-7
H. Release..............................................................................................................GC-7
I. Insurance...........................................................................................................GC-7
J. Remedies...........................................................................................................GC-8
K. Assignability.....................................................................................................GC-8
L. Construction Hours...........................................................................................GC-8
M. Noise Amplification..........................................................................................GC-8
N. Access...............................................................................................................GC-8
O. Street Maintenance............................................................................................GC-8
P. Storm Sewer Maintenance................................................................................GC-9
Q. Soil Treatment Systems ....................................................................................GC-9
R. Variances...........................................................................................................GC-9
S. Compliance with Laws, Ordinances, and Regulations .....................................GC-9
T. Proof of Title.....................................................................................................GC-9
U. Soil Conditions................................................................................................GC-10
V. Soil Correction................................................................................................GC-10
W. Haul Routes..........................................................................................................GC-10
X. Development Signs..............................................................................................GC-10
Y. Construction Plans...............................................................................................GC-10
Z. As-Built Lot Surveys...........................................................................................GC-11
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WEST PARK
SPECIAL PROVISIONS
AGREEMENT dated July 24, 2017 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, PULTE HOMES OF MINNESOTA, a Limited
Liability Company(the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
WEST PARK(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, furnish the security required by it,and record the plat with the
County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
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 from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A: Final plat approved July 24, 2017,prepared by Alliant Engineering.
Plan B: Grading,Drainage and Erosion Control Plan dated July 14,2017,prepared by Alliant
Engineering.
Plan C: Plans and Specifications for Improvements dated July 14, 2017,prepared by Alliant
Engineering.
Plan D: Landscape Plan dated July 14,2017,prepared by Alliant Engineering.
SP-1
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 Grading/Restoration
H. Underground Utilities (e.g. gas, electric,telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements except
for the wear course on public streets by November 15,2017. The Developer may,however,request
an extension of time from the City Engineer. 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 in the form attached hereto,
from a bank acceptable to the City, or cash escrow ("security") for$886,313.49. The amount of the
security was calculated as 110%of the following:
Site Grading/Erosion Control/Restoration $282,772.01
Topsoil (8,100 CY topsoil at$20/CY) $162,000.00
Sanitary Sewer $141,336.84
Watermain $137,317.14
Storm Sewer, Drainage System,including cleaning and maintenance $ 8,475.00
Streets $ 1,412.50
Sub-total, Construction Costs $733,313.49
Street Lights/Signs $ 6,427.50
Engineering, surveying, and inspection(7%of construction costs) $ 51,331.94
Landscaping(2%of construction costs) $ 14,666.27
Sub-total,Other Costs $ 72,425.71
TOTAL COST OF PUBLIC IMPROVEMENTS $805,739.20
SECURITY AMOUNT (110% of$805,739.20) $886,313.12
SP-2
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 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 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 (1) all improvements have been
completed, (2)iron monuments for lot corners have been installed,(3) all financial obligations to the
City satisfied, (4)the required"record"plans have been received by the City, (5) a warranty security
is provided, and(6)the public improvements are 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:
CHAD ONSGARD
PULTE HOMES OF MINNESOTA,LLC
7500 OFFICE RIDGE CIRCLE, SUITE 325
EDEN PRAIRIE,MN 55344
Phone: 952-229-0722
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen
City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952)
227-1100.
8. Other Special Conditions.
A. SECURITIES AND FEES
A $886,313.49 letter of credit or escrow for the developer-installed improvements, the $498,709.46
cash administration fee and the fully-executed development contract must be submitted and shall be
submitted prior to scheduling a pre-construction meeting. The cash fees were calculated as follows:
Administration fee(3%of$500,000+2%of$233,313.49) $ 19,666.27
GIS fee: $25 (plat)+(73 parcels x$10/parcel) $ 755.00
Surface water management fee $ 53,237.19
Park Dedication Fee $ 243,200.00
Street Lighting Charge $ 300.00
Partial sewer hookup fee: 64 units x$691/unit $ 44,224.00
Partial water hookup fee: 64 units x $2,147/unit $ 137,408.00
Total cash fee $ 498,709.46
SP-3
B. CITY CONDITIONS OF APPROVAL
Park and Trail Conditions
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for the West Park Residential Subdivision. The park fees
will be collected in full at the rate in force upon final plat submission and approval. Based upon
the current residential park fee rates of$3,800 per multi-family/apartment dwelling,the total
park fees will be$243,200
2. (64 units x$3,800 each).
Engineering_Conditions:
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1. The applicant shall work with Carver County to see if the FES from their pond outlet can be
combined with the county's culvert to eliminate the low spot adjacent to this site.
2. The plan shall show EOF locations and elevation for all basins on site.
3. All retaining walls shall be owned and maintained by a Homeowners Association (HOA).
4. The development plans shall call out the material of the retaining wall. The following
materials are prohibited for retaining wall construction: smooth face,poured in place
concrete(stamped or patterned is acceptable),masonry, railroad ties and timber.
5. As existing public utilities are located within the vacation area, the applicant shall grant a
drainage and utility easement to the City concurrent to recording the vacation.
6. The applicant shall have their survey confirm location of all easements with a recent title
commitment prior to final plat. i
7. The retaining wall and entry monuments are proposed within drainage and utility easements.
These elements require an encroachment agreement prior to their construction.
8. The private sidewalks constructed within city right-of-way require an encroachment
agreement.
9. All private streets will be owned and maintained by a Homeowners Association.
10. Street lights shall be installed at the intersections with public streets. This light shall be
owned by the city and maintained by MVEC (Minnesota Valley Electric Company). A$300 j
fee shall be collected with the development contract for electricity costs for the first year of
operation.
11. The net SWMP Fee due at the time of final plat of the northern parcel is $53,237.19.
SP-4
12. For 64 units on the northern parcel, the sanitary partial fee is $44,224.00 and the water partial
fee is $137,408.00.
13. The remaining hook-up fees will be due with the building permit at the rate in effect at that
time.
14. The applicant shall submit the full SWPPP document to the City for review prior to grading
on site.
15. No parking signage shall be installed at all turnarounds to keep them open for public safety
access.
16. All private street signage shall comply with the MN Manual on Uniform Traffic Control
Devices.
17. The sidewalk and pedestrian ramps shall be constructed per the Chanhassen Standard Detail
Plates.
18. All sidewalks internal to the site shall be owned and maintained by the HOA.
19. The HOA shall be responsible for snow maintenance on sidewalks adjacent to HOA
property.
20. The applicant shall revise plans to call out the size of proposed water main.
21. The applicant's engineer shall add a column to the stormwater pipe/structure table to list the
velocities of the pipes.
22. Stormwater pipe within the development shall be privately owned and maintained.
23. The applicant shall meet the minimum requirements for stormwater set forth in City Code
§9-VII and requirements of the Riley-Purgatory-Bluff Creek Watershed District.
24. The applicant must obtain a permit from RPBCWD prior to grading the site.
25. The applicant is responsible for obtaining permits from applicable regulatory agencies
(MDH, MPCA, MnDOT, etc.)prior to construction.
26. The proposed development will exceed one(1) acre of disturbance and will, therefore,be
subject to the General Permit Authorization to Discharge Stormwater Associated with
Construction Activity Under the National Pollution Discharge Elimination/State Disposal
System (NPDES Construction Permit).
27. Sidewalk constructed within MnDOT right-of-way may require an Limited Use Permit
(LUP).
SP-5
28. The plan for flared stormwater pipes that discharge into the pond, infiltration basin and right-
of-way shall be modified to have non-erosive velocities (3.5-5.0 feet per second).
29. The pipe from FES 500 to OCS 501 shall be modified to have a slope of 1.00%or greater to
prevent standing water and reduce the potential for ice damage.
Building Official Conditions:
1. Each lot must be provided with separate sewer and water services.
2. Accessibility must 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.
3. Buildings are required to be protected with an automatic sprinkler system. For the purposes
of this requirement property lines do not constitute separate buildings.
4. The buildings will be required to be designed by an architect and engineer as determined by
the Building Official.
5. The developer must submit a list of proposed street name(s)to the Fire Marshal and Building
Official for review and approval prior to final plat of the property.
6. Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigation and proposed
mitigation reports.
7. A final grading plan and geotechnical (soils evaluation)report must be submitted to the
Inspections Division before permits will be issued.
8. Walls and projections within 5 feet of property lines are required to be of one-hour fire-
resistive construction.
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9. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
10. Each lot must be provided with separate sewer and water services.
11. The developer and/or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
SP-6
Fire Marshall Condition:
1. In order to avoid duplicating street names, submit new proposed street names to Fire Chief
and Building Official for review and approval.
2. A three-foot clear space must be maintained around fire hydrants.
3. Street signs (temporary allowed) shall be installed prior to building permits being issued.
Fire Chief must approve signage.
4. Prior to combustible construction fire hydrants shall be made serviceable.
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5. Prior to combustible home construction fire apparatus access roads capable of supporting the
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weight of fire apparatus shall be made serviceable.
6. On Eagle View Road add a fire hydrant between block 5 and block 6.
Planning Conditions:
1. Approval of this site plan is contingent upon approval of the final plat for Gateway North. j
2. The applicant shall enter into a site plan agreement.
3. The building shall comply with the Planned Unit Development building setback requirements
9. General Conditions. The general conditions of this Contract are attached as Exhibit
"B" and incorporated herein.
SP-7
CITY OF CHANHASSEN
BY:
Denny Laufenburger,Mayor
(SEAL)
AND:
Todd Gerhardt,City Manager
PULTE HOMES OF MINNESOTA:
BY:
Eric Padget,Vice President of Land
STATE OF MINNESOTA)
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2017, by Denny Laufenburger, 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 ,
2017, by Eric Padget, Vice President of Land of Pulte Homes of Minnesota, a Limited Liability
Company, on behalf of the company.
NOTARY PUBLIC I
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen,MN 55317
(952)227-1100
SP-8
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
North Parcel
Parcel 1
Part of the Northwest Quarter of the Northwest Quarter of Section 24,Township 116,Range 23,
Carver County Minnesota,described as follows:
Commencing at the northwest corner of the Northwest Quarter of said Section 24;thence on an
assumed bearing of South 89 degrees 19 minutes 43 seconds East along the North line of said
Northwest Quarter 338.00 feet;thence South 25 degrees 26 minutes 43 seconds East 128.38 feet to
a point on the centerline of State Highway Number 101 said point being the point of beginning of
the tract to be described;thence westerly along said centerline along a non tangential curve that is
concave to the north, said curve having a central angle of 09 degrees 11 minutes 57 seconds, a
radius length of 621.15 feet, an arc length of 99.73 feet, a chord bearing of South 74 degrees 12
minutes 13 seconds West and a chord length of 99.62 feet;thence South 79 degrees 38 minutes 53
seconds West along said centerline and tangent to last described curve 163.44 feet;thence
southwesterly along said centerline along a tangential curve that is concave to the southeast, said
curve having a central angle of 19 degrees 36 minutes 53 seconds, a radius length of231.87 feet, an
arc length of 79.38 feet;thence continuing southwesterly along said centerline along a compound
curve,that is concave to the southeast, said curve having a central angle of 52 degrees 18 minutes
23 seconds,a radius length of 127.60 feet, an arc length of 116.49 feet, a chord bearing of South 33
degrees 34 minutes 37 seconds West,a chord length of 112.49 feet to the West line of said
Northwest Quarter;thence South 00 degrees 01 minutes 33 seconds East along said centerline and
along the West line of said Northwest Quarter 362.74 feet to the South line of the North 660.00 feet
of the West Half of the Northwest Quarter of said Section 24;thence South 89 degrees 19 minutes
43 seconds East along said South line 430.13 feet to the westerly right-of-way line of Trunk
Highway Number 312;thence northeasterly along said westerly right-of-way line along a non
tangential curve that is concave to the southeast, said curve having a central angle of 11 degrees 42
minute 56 seconds, a radius length of 350.00 feet, an arc length of 71.57 feet,a chord bearing of
North 64 degrees 07 minutes 43 seconds East, a chord length of 71.44 feet;thence North 16 degrees
17 minutes 03 seconds East along said westerly right-of-way line and not tangent to the last
described curve 360.83 feet;thence northerly along said westerly right-of-way line along a non
tangential curve that is concave to the east said curve having a central angle of 17 degrees 30
minutes 47 seconds,a radius length of 981.48 feet,an arc length of 300.00 feet, a chord bearing
North 20 degrees 48 minutes 18 seconds East, a chord length of 298.83 feet to the North line of said
Northwest Quarter;thence North 89 degrees 19 minutes 43 seconds West along said North line and
not tangent to last described curve 118.28 feet to the centerline of State Highway Number 101;
thence southwesterly along said centerline along a non tangential curve that is concave to the
northwest, said curve having a central angle of 20 degrees 33 minutes 03 seconds, a radius length of
621.15 feet, an arc length of 222.79 feet, a chord bearing of South 59 degrees 19 minutes 43
seconds West, a chord length of 221.60 feet to the point of beginning.
Parcel 2
Lot 1,Block 1, Gateway North,Carver County,Minnesota.
South Parcel
Parcel 3
Lot 2,Block 2, Gateway North,Carver County,Minnesota.
Parcel 4
Outlot A, Gateway North, Carver County,Minnesota.
Abstract
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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 , 20_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20c,by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen,MN 55317
(952)227-1100
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 520
STATE OF MINNESOTA )
COUNTY OF ) (ss.
The foregoing instrument was acknowledged before me this day of
20—,by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O.Box 147
Chanhassen,MN 55317
(952)227-1100
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Chanhassen
7700 Market Boulevard,Box 147
Chanhassen,Minnesota 55317
Dear Sir or Madam:
We hereby issue,for the account of (Name of Developer) and in your favor,our Irrevocable
Letter of Credit in the amount of$ , available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. , dated
2 ,of (Name of Bank) ;
b)Be signed by the Mayor or City Manager of the City of Chanhassen.
c)Be presented for payment at (Address of Bank)_,on or before 4:00 p.m. on November 30,
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This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of,or cancel,this
Letter of Credit.Written notice is effective if sent by certified mail,postage prepaid,and deposited in the U.S.
Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen
City Manager,Chanhassen City Hall,7700 Market Boulevard,P.O.Box 147,Chanhassen,MN 55317,and is
actually received by the City Manager at least thirty(30)days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits,International Chamber of Commerce Publication No.600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY:
Its
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
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1. Right to Proceed. Within the plat or land to be platted,the Developer may not grade
or otherwise disturb the earth,remove trees,construct sewer lines,water lines,streets,utilities,public
or private improvements, or any buildings until all the following conditions have been satisfied: 1)
this agreement has been fully executed by both parties and filed with the City Clerk,2)the necessary
security and fees have been received by the City, 3) the plat has been recorded with the County
Recorder's Office or Registrar of Title'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. Park charges and area charges
for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outlots are final platted into lots and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat,the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted
into lots and blocks,not outlots,within two (2)years after preliminary plat approval.
4. Changes in Official Controls. 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.
5. 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
GC-1
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 from the City Inspector(s) and to make periodic site visits to satisfy that the
construction is being performed to an acceptable level of quality in accordance with the engineer's
design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually
agreeable time at the City Council chambers with all parties concerned, including the City staff, to
review the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1.
The Developer's surveyor shall submit a written notice to the City certifying that the monuments have
been installed.
7. 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.
8. Site Erosion and Sediment Control. Before the site is rough graded,and before any
utility construction is commenced or building permits are issued, the erosion and sediment control
plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose
additional erosion and sediment 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 and sediment 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 and sediment transport. If the Developer does not comply
with the erosion and sediment control plan and schedule of supplementary instructions received from
the City, the City may take such action as it deems appropriate to control erosion and sediment
transport 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 and sediment control requirements. Erosion and
sediment 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 and sediment control,the City will authorize the removal
of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion and sediment control measures.
8a. 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 to the City to guarantee compliance with City
Code § 7-22.
GC-2
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean,on and off site,dirt and debris,including blowables,from streets and the surrounding area that
has resulted from construction work by the Developer,its agents or assigns.
10. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements,a representative
of the contractor, and a representative of the Developer's engineer will make a final inspection of the
work with the City Engineer. Before the City accepts the improvements,the City Engineer shall be
satisfied that all work is satisfactorily completed in accordance with the approved plans and
specifications and the Developer and his engineer shall submit a written statement to the City
Engineer certifying that the project has been completed in accordance with the approved plans and
specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the
public improvements shall be by City Council resolution.
11. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed,the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted
with the City, and if the claims are not resolved at least ninety(90) days before the security required
by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22,Minnesota Rules of Civil Procedure for the District Courts,to draw upon
the letters of credit in an amount up to 125%of the claim(s) and deposit the funds in compliance with
the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from
any further proceedings as it pertains to the letters of credit deposited with the District Court, except
that the Court shall retain jurisdiction to determine attorneys'fees.
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12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. 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 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 and sediment 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 six(6)inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas
of the lot. If these improvements are not in place at the time a certificate of occupancy is requested,
a financial guarantee of$750.00 in the form of cash or letter of credit shall be provided to the City.
These conditions must then be complied with within two(2)months after the certificate of occupancy
issued, except that if the certificate of occupancy is issued between October 1 through May 1 these
conditions must be complied with by the following July 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
GC-3
escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be
returned. If the requirements are not satisfied, the City may use the security to satisfy the
requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant
to City Code Section 7-22 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.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit
either 1)a warranty/maintenance bond for 100%of the cost of the improvement,or 2)a letter of credit
for twenty-five percent(25%)of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final written City
acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits,an acceptable Grading,Drainage,
Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for
review and approval by the City Engineer. Each plan shall assure that drainage is maintained away
from buildings and that tree removal is consistent with development plans and City Ordinance.
16. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
17. Hook-up Charges. . At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook-up charges is collected at the time building permits are issued
are based on 70% of the rates then in effect,unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
18. Public Street Lighting. The Developer shall have installed and pay for public street
lights in accordance with City standards. The public street lights shall be accepted for City ownership
and maintenance at the same time that the public street is accepted for ownership and maintenance.
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
GC-4
the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street
light for twenty(20)months.
19. 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.
20. 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.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the installation
of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such
as review of construction documents, preparation of the Development Contract, monitoring
construction progress,processing pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for construction inspections. The fee shall
be calculated as follows:
i) if the cost of the construction of public improvements is less than $500,000,
three percent(3%)of construction costs;
ii) if the cost of the construction of public improvements is between$500,000 and
$1,000,000,three percent(3%) of construction costs for the first$500,000 and
two percent(2%) of construction costs over$500,000;
iii) if the cost of the construction of public improvements is over$1,000,000,two
and one-half percent (2'h%) of construction costs for the first $1,000,000 and
one and one-half percent(1%2%) 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 final fee shall be determined based upon
actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special
Provisions.
B. In addition to the administrative fee,the Developer shall reimburse the City for all
costs incurred by the City for providing construction and erosion and sediment control 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 21E of this Agreement.
C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers and employees
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys'fees.
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D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract,including engineering and attorneys'fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty(30) days after receipt. If the bills are not paid on time,the
City may halt all plat development work and construction, including but not limited to the issuance
of building permits for lots which the Developer may or may not have sold,until the bills are paid in
full. Bills not paid within thirty(30) days shall accrue interest at the rate of 8%per year.
F. In addition to the charges and special assessments referred to herein,other charges
and special assessments may be imposed such as, but not limited to, sewer availability charges
("SAC"), City water connection charges,City sewer connection charges, and building permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation of
electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps,GIS data base files,and converting
the plat and record drawings into an electronic format. Record drawings must be submitted within
four months of final acceptance of public utilities. All digital information submitted to the City shall
be in the Carver County Coordinate system. i
22. Developer's Default. In the event of default by the Developer as to any of the work I
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.
23. Miscellaneous.
A.Construction Trailers. Placement of on-site construction trailers and temporary job
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site offices shall be approved by the City Engineer as a part of the pre-construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within thirty
(30)days following the acceptance of the public improvements unless otherwise approved by the City
Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
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shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this
Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits,including lots sold to third parties. The City may also issue
a stop work order halting all plat development until the breach has been cured and the City has
received satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Building Permits. Building permits 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.
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 of ten(10)days for processing.
I�
1. Insurance. Developer shall take out and maintain until six(6)months after the City 1
has accepted the public improvements, public liability and property damage insurance covering
personal injury,including death,and claims for property damage which may arise out of Developer's
work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than$500,000 for one person and$1,000,000 for
each occurrence;limits for property damage shall be not less than$500,000 for each occurrence;or a
combination single limit policy of$1,000,000 or more. The City shall be named as an additional
insured on the policy, and the Developer shall file with the City a certificate evidencing coverage
prior to the City signing the plat. The certificate shall provide that the City must be given ten (10)
days advance written notice of the cancellation of the insurance. The certificate may not contain any
disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
GC-7
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, including pick-up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur
from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors,
agents and supplies to comply with these requirements and the Contractor is responsible for their
failure to do so. Under emergency conditions, this limitation may be waived by the written consent
of the City Engineer. If construction occurs outside of the permitted construction hours,
the Contractor shall pay the following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third&subsequent violations All site development and construction must
cease for seven(7)calendar days
M.Noise Amplification. The use of outdoor loudspeakers,bullhorns,intercoms, and
similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. 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.
I
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 from 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 from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
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maintenance of the stone 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 from alteration,unless suitable alternative 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 Permit. 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 from the City's ordinances.
S. Compliance with Laws Ordinances, and Regulations. In the development of the
plat the Developer shall comply with all laws,ordinances,and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota,its agencies,departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government,its agencies,departments and conunissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of suitability
of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have
no fill material a soils report from a qualified soils engineer is not required unless the City's building
inspection department determines from observation that there may be a soils problem. On lots with
fill material that have been mass graded as part of a multi-lot grading project,a satisfactory soils report
from a qualified soils engineer shall be provided before the City issues a building permit for the lot.
On lots with fill material that have been custom graded, a satisfactory soils report from a qualified
soils engineer shall be provided before the City inspects the foundation for a building on the lot.
GC-9
W. Haul Routes. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and shall
be removed when the required improvements are completed, except for the final lift of asphalt on
streets. The signs shall contain the following information: project name, name of developer,
developer's telephone number and designated contact person, allowed construction hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 11"x 17" reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released,the Developer
shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2)
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(the .dxf file must be tied to the current county coordinate system), (8) digital
file of utility tie sheets in either.doe or.tif format,and(9)a breakdown of lineal footage of all utilities
installed,including the per lineal foot bid price. 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. 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 may be issued and
the as-built escrow withheld until all work is complete.
Rev.3/31/06
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RILEYf
PURGATORY 18681 Lake Drive East
BLUFF CREEK Chanhassen,MN 55317
952-607-6512
WATERSHED DISTRICT wwwxpbcwd.org
Riley Purgatory Bluff Creek Watershed District Permit Application Review
Permit No: 2017-038
Received complete: May 19, 2017
Applicant: Pulte Homes,Attn: Paul Heuer
Consultant: Mark Rausch,Alliant Engineering
Project: West Park—Construction of 82-multifamily units in a residential subdivision.A
stormwater detention pond which will be used for irrigation reuse and a bioretention
basin are to be constructed to provide storm water rate,volume,and quality control.
Location: 760&781 Lake Susan Drive and 8601 Great Plains Boulevard, Chanhassen, MN
Reviewer: Terry Jeffery, Permit Coordinator
Rules:Applicable rules checked
Rule B: Floodplain Management Rule H:Appropriation of Public Waters
X Rule C: Erosion and Sediment Control Rule I:Appropriation of Groundwater
Rule D: Wetland and Creek Buffers X Rule J: Stormwater Management
Rule E: Dredging and Sediment Removal Rule K: Variances and Exceptions
Rule F: Shoreline/Streambank Stabilization X Rule L: Permit Fees
Rule G: Waterbody Crossings X Rule M: Financial Assurances
Rule Conformance Summary
ConformsRule Issue .
RBPCWD Rules?
C Erosion Control Plan See Comment See Rule Specific Permit Condition C1.
J Stormwater Rate Yes
Management Volume Yes
Water Quality Yes
Low Floor Elev. Yes
Maintenance See Comment See Rule Specific Permit Condition J1.
L Permit Fee Yes $3,000 was received on May 19,2017.
M Financial Assurance See Comment The financial assurance has been
calculated at$106,592.
• • manaae. restore.
Project Description
The project proposes the subdivision of four parcels into a high density residential development
comprised of 16 multi-family buildings and the construction of approximately 1,100 feet of private road
and other appurtenant structures and utilities. The subject property is currently a farmstead with a
residence and several outbuildings. These will be demolished as part of the development.
An area of the site was reviewed that had wetland characteristics but was determined to be non-
jurisdictional as it was incidental to the realignment of State Highway 101 and there are no other
wetlands or other protected resources on or adjacent to the site,therefore Rule D (buffers) is not
triggered.The project includes a stormwater detention basin that will be used for reuse to irrigate open
space and a bioretention feature. The project site information is summarized below:
1. Total Site Area: 10.57 acres
2. Existing Site Impervious Area: 0.65 acres
3. New(Increase) in Site Impervious Area: 4.80 acres (738% increase in site impervious area)
4. Total Disturbed Area: 10.5 acres
Exhibits:
1. Permit Application dated May 19, 2017.
2. Preliminary Plat Plan (Sheets 1-29) dated May 19, 2017 (revised June 5, 2017).
3. Final Plat Plan (Sheets 1-23) dated May 19, 2017(revised June 5,2017).
4. Stormwater Management Hydrologic and Hydraulic(H&H) Study dated May 19, 2017 (revised
June 5, 2017).
5. HydroCAD Model in May 19, 2017 Stormwater Management H&H Study(dated May 17, 2017).
6. Geotechnical Evaluation Report by Brau Intertec dated May 31, 2017.
7. Soil boring logs performed by Haugo Geotechnical Services, LLC on June 27,2013.
8. RWMWD Reuse Calculator Irrigation Excel spreadsheet dated May 22, 2017.
9. Technical Memorandum from Alliant Engineering, Watershed Submittal Comment Response
Memo dated June 5,2017.
10. Wetland Delineation Report by Kjolhaug Environmental Services Company, Inc. dated June 1,
2016(includes MnRAM results dated May 4, 2016).
11. P8 Model Output run June 5, 2017 included in June 5,2017 Stormwater Management H&H
Study.
12. P8 Model dated June 5, 2017
13. Minnesota Wetland Conservation Act Notice of Decision for Wetland Boundary and Type
Determination dated July 8, 2016.
Page 1 2
Rule Specific Permit Conditions
Rule C: Erosion and Sediment Control
Because the project will alter 10.5 acres (±457,380 square feet) of land-surface area the project must
conform to the requirements in the RPBCWD Erosion and Sediment Control rule (Rule C,
Subsection 2.1).
The erosion control plan prepared by Alliant Engineering includes phased erosion prevention and
sediment control plans, installation of silt fence, inlet protection for storm sewer catch basins, a rock
construction entrance, placement of a minimum of 6 inches of topsoil, decompaction of areas
compacted during construction, retention of native topsoil onsite, and final stabilization measures.To
conform to the RPBCWD Rule C requirements the following revisions are needed:
C1. The Applicant must provide the name and contact information of the individual responsible for
erosion and sediment control at the site. RPBCWD must be notified if the responsible party
changes during the permit term.
Rule J:Stormwater Management
Because the project will alter 10.5 acres (±457,380 square feet)of land-surface area the project must
meet the criteria of RPBCWD's Stormwater Management rule (Rule J, Subsection 2.1). Because the
proposed project will increase the imperviousness area of the properties by 738% (i.e., well more than
50 percent), under the paragraph 2.3 redevelopment framework, the RPBCWD stormwater
management criteria apply to the entire site.
The developer is proposing construction of a stormwater detention basins which will be used as a
reservoir to provide irrigation for the open space on the northern half of the site and a bioretention
basin on the southern half of the site to provide the rate control,volume abstraction and water quality
management for the overall project. Forebays with rock weepers, which act similar to ditch checks,will
provide pretreatment for the bioretention basin. (Rule J,Subsection 3.1.b.i)
Rate Control
To meet the rate control criteria listed in Subsection 3.1.a,the 2-, 10-, and 100-year post development
peak runoff rates must be equal to or less than the existing discharge rates at all locations where
stormwater leaves the site.The applicant used a HydroCAD hydrologic model to simulate runoff rates
for pre-and post-development conditions for the 2-, 10-, and 100-year frequency storm events using a
nested rainfall distribution,and a 100-year frequency, 10-day snowmelt event.The existing and
proposed 2-, 10-, and 100-year frequency discharges from the site are summarized in the table below.
The proposed project is in conformance with RPBCWD Rule J, Subsection 3.1.a.
P11re !
C:\Users\Terry Jeffery\Documents\Permits\2017-038 West Park\2017-038_Staff Report—West Park_2017July11_final.dou
Modeled I - 2-Year Discharge I Discharge 100-Year Discharge 10-Da
Ex •r Ex Prop Ex Prop • r
North to Waters
Edge 1.92 1.90 4.20 3.50 9.96 7.23 0.23 0.15
East to State 8.59 6.68 18.31 18.31 38.08 25.56 1.45 1.39
Highway 101
South to Trunk
Highway 212 1.39 1.37 3.92 3.92 8.82 8.81 0.90 0.87
Volume Abstraction
Subsection 3.1.b of Rule J requires the abstraction onsite of 1.1 inches of runoff from all impervious
surface of the parcel. An abstraction volume of 19,163 cubic feet is required from the 4.80 acres
(±209,044 square feet) of impervious area on the project for volume
; ' / retention.The Applicant is proposing a bioretention basin with
pretreatment of runoff provided by forebays with rock weirs equal to
10%of the surface area of the bioretention basin to provide
abstraction for that portion south of Lake Susan Drive. The Applicant is
proposing a stormwater detention pond designed to NURP
recommendations on the that portion north of Lake Susan Drive. This
�•� basin will be used to provide irrigation at a rate of one inch (1") of
\A water per week from the pond to the 3.41 acres indicated by the blue
hatching shown in Figure 1 from the beginning of May through the end
Figure 1. Area of proposed of September.The table below summarizes the volume abstraction on
irrigation (148,740 SF) the site.
Soil borings performed by Braun Intertec show that soils near the proposed bioretention feature range
from clayey sand to poorly graded sand. A test pit excavated at the proposed location of the
bioretention feature indicates groundwater at an elevation of 892 feet and a profile consisting of three
(3)feet of clay over poorly graded silty sand that extended another six(6) feet to the bottom of the
boring. The proposed bottom of the bioretention basin will be at 899 feet msl which is seven (7)feet
above the encountered groundwater. The design calls for excavation of in situ soils material to a depth
of 892 feet and replacement of these soils with a soil with equivalent infiltration rates of a "B" soil. The
first source will be on-site but import may be necessary. The MN Stormwater Manual indicates an
infiltration rate for B soils of between 0.3 and 0.45 inches per hour for such soils. The design was made
using the more conservative infiltration rate of"C"soils or 0.2 inches per hour. Groundwater is at least 3
C:\Users\Terry Jeffery\Documents\Permits\2017-038 West Park\2017-038_Staff Report_West Park_2017July11_final.doa
feet below the bottom of the proposed bioretention basin (Rule 1, Subsection 3.1.b.ii). Based on
information reviewed,the proposed project conforms to Rule J, Subsection 3.1.b.
Required Abstraction Provided Abstraction Provided Abstraction
�6Depth(inches) Depth(inches) volume
(cubic feet)
1.1 1.2 21,375
Water Quality Management
Subsection 3.1.c of Rule 1 requires the Applicant provide for at least 60 percent annual removal
efficiency for total phosphorus (TP),and at least 90 percent annual removal efficiency for total
suspended solids (TSS)from site runoff.The Applicant is proposing to construct a bioretention feature
and a stormwater detention pond to achieve the required TP and TSS removals and submitted a P8
model to estimate the TP and TSS removals.
Pollutant of Interest Required Estimated Estimated
Removal (%) Removal Removal(lb-s
Total Suspended Solids(TSS) 90 90.1 3,836.6
Total Phosphorus(TP) 60 68 9.4
Based on information reviewed,the proposed project conforms to Rule J, Subsection 3.1.c.
Low floor Elevation
No structure may be constructed or reconstructed such that its lowest floor elevation is less than 2 feet
above the 100-year event flood elevation and no stormwater management system may be constructed
or reconstructed in a manner that brings the low floor elevation of an adjacent structure into
noncompliance according to Rule J, Subsection 3.6.
The low floor elevations of the structures and the adjacent stormwater management features are
summarized below.
Page I '>
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Location Low Floor 100-year Event Freeboard
Riparian to Elevation Flood Elevation of (feet)
Stormwater of Adjacent
Facility Building Stormwater Facility
Lots 1-6, 914.8 905.99(NURP 8.81
Block 2 Pond)
Lots 1-5, 914.3 905.99(NURP 8.76
Block 3 Pond)
Lots 1-4, 917.2 905.99(NURP 11.21
Block 4 Pond)
Lots 1-5, 915.3 905.99(NURP 9.31
Block 5 Pond)
Lots 1-4, 914.3 905.99(NURP 8.31
Block 6 Pond)
Lots 1-6, 911.0 904.97 6.03
Block 6 (Bioretention Basin)
The low floor elevation of the proposed homes all provide at least 2 feet of freeboard from the 100-year
event flood elevation of the pertinent stormwater management feature.The proposed project is in
conformance with Rule J, Subsection 3.6.
Maintenance
Subsection 3.7 of Rule J requires the submission of a maintenance plan.All stormwater management
structures and facilities must be designed for maintenance access and properly maintained in perpetuity
to assure that they continue to function as designed.
J1. Permit applicant must provide a draft maintenance and inspection plan. Once approved by
RPBCWD,the plan must be recorded on the deed in a form acceptable to the District.
J2. Because the proposed water reuse irrigation system requires consistent use at a specified rate to
meet District requirements, performance monitoring for the site will be required to ensure that the
project is able to meet the RPBCWD volume abstraction requirement as has been proposed. In
accordance with Rule J, Subsection 2.6 performance monitoring, and as a stipulation of issuing a
permit for this project, the Applicant must submit an operations plan and monitor the proposed
irrigation system to determine the ability of the system to achieve the estimated volume abstraction
as presented in the design.The operations and monitoring program must be included in the
maintenance declaration that is recorded with the County.The recorded reuse volume must be
submitted to the RPBCWD on a yearly basis. If it is determined that the system is not performing as
C:\Users\Terry Jeffery\Documents\Permits\2017-038 West Park\2017-038_Staff Report_West Park_2017July11_final.docx
designed,the Applicant will need to submit a revised design and construction plan to demonstrate
that the volume abstraction standard will be achieved
Rule L: Permit Fee:
Fees for the project are:
RuleC&J ..........................................................................................................................................$3,000
Rule M: Financial Assurance:
Rules C: Silt fence:4,105 L.F. x$2.50/L.F. =....................................................................................$10,262
Restoration: 9.0 acres x$2,500/acre =.............................................................................$22,500
Rules J: Infiltration 6,963 S.F. x$6/S.F. = ......................................................................................$41,778
Reuse System ?????x 125%= ........................................................................................$50,000
Contingency (10%)..........................................................................................................................$12,454
Administration (30%)......................................................................................................................$41,098
Total Financial Assurance..............................................................................................................$178,092
Applicable General Requirements:
1. The RPBCWD Administrator shall be notified at least three days prior to commencement of
work.
2. Construction shall be consistent with the plans and specifications approved by the District as a
part of the permitting process. The date of the approved plans and specifications is listed on the
permit.
3. Return or allowed expiration of any remaining surety and permit close out is dependent on the
permit holder providing proof that all required documents have been recorded and providing
as-built drawings that show that the project was constructed as approved by the Managers and
in conformance with the RPBCWD rules and regulations.
Findings
1. The proposed project includes the information necessary, plan sheets and erosion control plan
for review.
2. The proposed project will conform to Rules C and J if the Rule Specific Permit Conditions listed
above are met.
Recommendation:
Approval, contingent upon:
1. Continued compliance with General Requirements.
C:\Users\Terry Jeffery\Documents\Permits\2017-038 West Park\2017-038_Staff Report—West Park_2017July11_final.dou
2. Financial Assurance in the amount of$178,092.
3. Submission of the name and contact information of the individual responsible for erosion and
sediment control for the site.
4. Receipt in recordation a maintenance declaration for the stormwater management including the
re-use system and annual monitoring thereof.A draft must be approved by the District prior to
recordation.
By accepting the permit,when issued,the applicant agrees to the following stipulations:
1. Per Rule J Subsection 4.5, upon completion of the site work,the permittee must submit as-built
drawings demonstrating that at the time of final stabilization, stormwater facilities conform to
design specifications as approved by the District.
2. Residential buildings to be constructed on lots in the subdivision created under the terms of
permit 2017-038, if issued, must have an impervious surface area and configuration materially
consistent with the approved plans. Home design proposed that differs materially from the
approved plans will be subject to re-review for compliance with all applicable regulatory
requirements.
Board Action
It was moved by Manager seconded by Manager to approve
permit application No. 2017-038 with the conditions recommended by staff.
C:\Users\Terry Jeffery\Documents\Permits\2017-038 West Park\2017-038_Staff Report_West Park_2017July11_final.docx
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